AFRICAN UNION
UNION AFRICAINE
UNIÃO AFRICANA
African Commission on Human & Peoples’
Rights
Commission Africaine des Droits de l’Homme & des
Peuples
31 Bijilo Annex Layout, Kombo North District, Western Region, P. O. Box 673, Banjul, The Gambia
Tel: (220) 4410505 / 4410506; Fax: (220) 4410504
E-mail: au-banjul@achpr.org; Web www.achpr.org
Final Communiqué of the 63rd Ordinary Session of
the African Commission on Human and Peoples’
Rights
Banjul, The Gambia
24 October to 13 November 2018
1.
The African Commission on Human and Peoples’ Rights (the Commission) held
its 63rd Ordinary Session in Banjul, The Gambia, from 24 October to 13 November
2018.
2.
The Commission celebrated the 70th anniversary of the adoption of the Universal
Declaration of Human Rights (UDHR) on this occasion.
3.
The following Members of the Commission participated in the Session:
• Honourable Commissioner Soyata Maiga, Chairperson;
• Honourable Commissioner Lawrence Murugu Mute, Vice-Chairperson;
• Honourable Commissioner Yeung Kam John Yeung Sik;
• Honourable Commissioner Kayitesi Zainabo Sylvie;
• Honourable Commissioner Lucy Asuagbor;
• Honourable Commissioner Maya Sahli-Fadel;
• Honourable Commissioner Jamesina Essie L. King;
• Honourable Commissioner Solomon Ayele Dersso;
• Honourable Commissioner Hatem Essaiem;
• Honourable Commissioner Maria Teresa Manuela; and
• Honourable Commissioner Remy Ngoy Lumbu.
4.
The opening ceremony was graced by the presence of H. E. Mr Ousainou Darboe,
Vice President of the Republic of The Gambia, who declared the 63 rd Ordinary
Session open.
5.
Mrs. Hannah Forster, speaking on behalf of the participants of the NGO Forum,
highlighted some of the activities carried out during the Forum, including the 37th
African Human Rights Book Fair from 20 to 22 October 2018, celebration of
African Human Rights Day on 21 October 2018, and commemoration of the 70 th
anniversary of the UDHR as well as the 15th anniversary of the Protocol to the
African Charter on Human and Peoples’ Rights on the Rights of Women in Africa
(the Maputo Protocol). She also indicated that the Forum held discussions on
preventing corruption within the framework of the African Union (AU) theme for
2018 “winning the fight against corruption”.
6.
Mr Bongani Majola, speaking on behalf of the Network of African National
Human Rights Institutions (NANHRI), commended the work of the Commission
in continuing to uphold a human rights culture in Africa. He cited armed conflict,
terrorism, corruption, migration and human trafficking as challenges which hinder
the realisation of human rights targets. Mr Majola mentioned some of the
challenges faced by African National Human Rights Institutions (NHRIs) in the
independent exercise of their mandates, including budget cuts, irregular
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appointment and removal of NHRI members, verbal attack on NHRI members,
denial of access to state-owned media coverage, denying immunity to NHRI
leadership, and delaying consideration of NHRI findings in parliament. He
underscored the importance of strong and independent NHRIs as they are one of
the few last forms of defense against unchecked state power. He appealed to the
AU and Member States to promote and protect the independence of the
Commission as the success of NHRIs depends on the work and leadership
provided by the Commission.
7.
Speaking on behalf of AU Member States, His Excellency Ambassador Wael
Attiya, Director of the Human Rights Department in the Ministry of Foreign
Affairs of the Arab Republic of Egypt, recalled the decision of AU Member States
to establish the Commission in order to monitor implementation of the African
Charter on Human and Peoples’ Rights (the African Charter), and provide
technical assistance to Member States in the realisation of human rights. He
stressed the need to take stock of past achievements and rekindle cooperation
between the Commission and AU Policy Organs. In this regard, he recalled a
retreat that was held in June 2018, in Nairobi, Kenya, to foster regular consultation
between the AU Permanent Representatives Committee (PRC) and the
Commission. H. E. Ambassador Atteya indicated that it is essential to continue
this collaborative effort to enhance the efficiency of the Commission and to enable
it assist Member States in fulfilling their human rights obligations. He concluded
by stating that Egypt will continue to support the Commission, and announced
that it will host the 64th Ordinary Session of the Commission.
8.
In his statement, Mr Dominique Delpuech, speaking on behalf of Organisation
internationale de la Francophonie (OIF), congratulated The Gambia on joining OIF
as the 88th Member State in October 2018. He stated that OIF promotes peace,
democracy and human rights in accordance with the Bamako Declaration of 3
November 2000 which aims to consolidate the rule of law, human rights and
democratic culture. He added that the Declaration affirms the need to intensify
cooperation between OIF and international and regional organisations. He
indicated that it is within this framework that the OIF and the Commission
recently signed a Memorandum of Understanding and agreed on a Roadmap. Mr
Delpuech welcomed the celebration of the 70th anniversary of the UDHR, and
stated that while progress has been made in the implementation of the UDHR, a
lot remains to be done. He expressed OIF’s concern regarding challenges to the
principles of universality and indivisibility of human rights, under the guise of the
fight against terrorism and migration.
9.
Mr Mahamane Cisse-Gouro, speaking on behalf of Ms Michelle Bachelet, the UN
High Commissioner for Human Rights, remarked on the AU theme for 2018
“winning the fight against corruption” stating that the UN, like the AU is also
concerned about issues of corruption. He recalled the 2012 Declaration of the
High-level Meeting of the General Assembly on the Rule of Law which alludes to
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the negative impact of corruption and stresses the importance of the rule of law in
addressing and preventing corruption. Mr Cisse-Gouro noted that corruption can
take many forms and can have individual and collective impacts on the enjoyment
of human rights. He expressed his hope that the Addis Ababa Roadmap
Agreement will be extended to jointly tackle corruption. He reiterated the
Commission’s motto “human rights: our collective responsibility” and expressed
in that regard the support of the Office of the High Commissioner for Human
Rights (OHCHR) to the work of the Commission and the AU.
10.
Honourable Justice Tujilane Chizumila, speaking on behalf of Justice Sylvian Oré,
President of the African Court on Human and Peoples’ Rights (the Court), noted
that, after three decades of operation, the Commission remains critical to the
achievement of the major objectives of the AU. She recalled the decision of the AU
and its Member States to establish the Court in order to complement and
strengthen the continued and independent operation of the Commission. She
added that the Court acknowledged the functional independence of the
Commission in the case of Femi Falana v. the Commission. Honourable Justice
Chizumila shared the concerns of the Court regarding the recent
misunderstandings on how human rights institutions and organs set up by the AU
should discharge their mandates. She stated that the trend is not in line with the
commitments and values of the AU and its Member States enunciated under the
AU Constitutive Act and the African Charter on Democracy, Elections and
Governance, particularly the rule of law and independence of adjudicatory bodies.
She concluded by stating that Africa is a continent of solidarity which is why the
AU created the Court but retained the Commission to embed a culture of human
rights and justice for all.
11.
In her opening statement, the Chairperson of the Commission, Honourable
Commissioner Soyata Maiga, welcomed participants to the 63rd Ordinary Session
of the Commission and expressed her gratitude to the Government of The Gambia
for facilitating the Session. She noted that this year human rights are at the
forefront, as the entire world commemorates 70 years of the UDHR, an instrument
which is the “first international articulation of the rights and freedoms of all
members of the human family.”
12.
The Chairperson proceeded to share some concerns regarding the human rights
situation in the continent, such as the security situation in the Sahel region and its
impact on the rights of populations; the migration crisis in Africa; the political
turmoil in Togo and post-electoral protests in Mali and Cote d’Ivoire; the situation
in English-speaking Cameroon; the political crisis in the DRC particularly attacks
on civilians in Béni; the political crisis in Burundi and the suspension of the
activities of all foreign NGOs; the arbitrary arrest and detention of human rights
defenders in several African countries; restrictions on freedom of expression and
assembly in Cameroon, Gabon, Egypt, DRC and Sudan. She also noted with
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concern the adverse impact of corruption on human rights, particularly with
regards to social and economic rights.
13.
The Chairperson also shared some positive developments in the continent,
including the ratification by The Gambia of the Second Optional Protocol to the
International Covenant on Civil and Political Rights and the establishment of the
Truth, Reconciliation and Reparations Commission; the steps taken by the Federal
Democratic Republic of Ethiopia to promote peace-building, democratic change
and human rights and the recent establishment of a gender-balanced Cabinet; the
reconciliation between Eritrea and Ethiopia and the subsequent opening of
borders; the amnesty granted by Ivorian authorities to about 800 individuals; and
the political will expressed by the President of Cote d’Ivoire to implement a
decision of the African Court.
14.
The Chairperson remarked on the Executive Council decision of June 2018,
reiterating the Commission’s firm commitment to the universality of human rights
and its commitment to defend the human rights of all persons in accordance with
the principles enshrined in the African Charter. She concluded by calling on all
stakeholders, including policy makers to play their role in building democracy,
ensuring the rule of law and promoting and protecting human rights in Africa.
15.
Mr Calixte Mbari, speaking on behalf of Mrs Minata Samate Cessouma,
Commissioner for Political Affairs, noted that the AU human rights system has
undergone transformation, with the recent adoption of the Protocol to the African
Charter on Human and Peoples’ Rights on the Rights of Older Persons and the
Protocol to the African Charter on Human and People’s Rights on the Rights of
Persons with Disabilities in Africa. Mr Mbari recalled the AU’s decision to declare
2019 as the “Year of Refugees, Returnees and Internally Displaced Persons in
Africa: Towards Durable Solutions to Forced Displacement”. He emphasized the
need to work collectively in the promotion and protection of human rights in
Africa, and underscored the AU’s commitment to the promotion and protection of
human rights as elaborated in Agenda 2063. He called on all stakeholders,
including AU Member States, civil society and other actors to engage
constructively to realise the aspirations in Agenda 2063.
16.
H. E. Mr Ousainou Darboe, Vice President of the Republic of The Gambia,
welcomed participants to the 63rd Ordinary Session of the Commission. He
indicated that the Government of The Gambia is honoured to host the sessions of
the Commission, particularly the 63rd Ordinary Session which coincides with the
70th anniversary of the UDHR. He noted that African states have taken great
strides following the adoption of the UDHR, including the adoption of the African
Charter, although more needs to be done to fully realise the values enshrined in
the African Charter.
17.
The Vice President proceeded to share some positive developments in the human
rights situation in The Gambia following the last Ordinary Session held in The
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Gambia in October 2017, including the ratification by The Gambia of the
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment; the International Convention for the Protection of All Persons from
Enforced Disappearance; the Second Optional Protocol to the International
Covenant on Civil and Political Rights, aiming at the abolition of the death penalty
(Second Optional Protocol to the ICCPR); the African Charter on Democracy,
Elections and Governance; and the Protocol on the Statute of the African Court of
Justice and Human Rights. He further stated that The Gambia is in the process of
making a Declaration pursuant to Article 34 (6) of the Protocol to the African
Charter on Human and Peoples’ Rights on the establishment of an African Court
on Human and Peoples’ Rights to allow individuals and NGOs to have direct
access to the Court. Regarding ratification of the Second Optional Protocol to the
ICCPR, he indicated that The Gambia has adopted a moratorium on the
application of the death penalty as a first step towards abolition.
18.
The Vice President highlighted other areas of progress including improved
freedom of expression; the dramatic decline in arbitrary arrests and detention;
increased public engagement and participation; commencement of process to
review repressive laws and establishment of Media Law Review Committee; steps
taken to reform various governance areas; establishment of a Constitutional
Review Commission; establishment of a Truth, Reconciliation and Reparations
Commission; steps taken to establish a National Human Rights Commission; the
drafting of an anti-corruption bill; improved prison conditions and review of the
Prison Act to ensure compliance with international standards; development of
various national policies such as the National Development Plan 2018 – 2021; and
submission by The Gambia of its combined periodic report to the Commission
covering a period of 24 years.
19.
The Vice President concluded by extending his appreciation to all participants for
attending the Session, and declared the 63rd Ordinary Session of the Commission
open.
20.
Honourable Commissioner Soyata Maiga chaired the 63rd Ordinary Session of the
Commission.
21.
The 63rd Ordinary Session was attended by a total of six hundred and ninety (690)
delegates, with one hundred fifty-four (154) delegates representing twenty-seven
(27) State Parties, eleven (11) representatives of AU Institutions, thirty-four (34)
representatives of NHRIs, five (5) representatives of international and intergovernmental organisations, three hundred and forty-six (346) representatives of
NGOs, seventeen (17) representatives of the media, twenty-nine (29) other
observers, and ninety-four (94) representing Members of the Commission, the
Secretariat, interpreters, translators, and support staff.
22.
The Commission launched the following documents and instruments during the
63rd Ordinary Session:
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i. Principles on Decriminalisation of Petty Offences in Africa;
ii. Compendium on the Legal Protection of Human Rights Defenders in
Africa;
iii. State Reporting Guidelines and Principles on Articles 21 and 24 of the
African Charter relating to Extractive Industries, Human Rights and the
Environment; and
iv. Newsletter of the Working Group on Extractive Industries, Human Rights
and the Environment in Africa.
23.
The Commission also organised the following panel discussions during the 63 rd
Ordinary Session:
i. Panel on the 70th Anniversary of the Universal Declaration of Human
Rights and the state of play in Africa;
ii. Panel on Implementation of the Decisions of the Commission;
iii. Panel on the Situation of Migrants at Risk of Torture and other Ill-treatment
in Africa: Alternative Approaches;
iv. Panel on the 20th Anniversary of the UN Declaration on Human Rights
Defenders and the 5th Anniversary of the UN General Assembly Resolution
68/81 on Women Human Rights Defenders;
v. Panel on the State Reporting Obligation and Guidelines to Reporting under
the Maputo Protocol;
vi. Panel on Extrajudicial Killings in Africa;
vii. Panel on Persons with Albinism; and
viii. Panel on the Guidelines on Access to Information and Elections.
24.
Representatives of the following eighteen (18) State Parties made statements on
the human rights situation in their respective countries: Algeria, Angola, Burkina
Faso, Cameroon, Cote d’Ivoire, Democratic Republic of Congo, Eswatini, Ethiopia,
Kenya, Kingdom of Lesotho, Malawi, Islamic Republic of Mauritania, Rwanda,
Sahrawi Arab Democratic Republic, South Africa, South Sudan, The Sudan, and
Uganda.
25.
Representatives of the following seven (7) NHRIs also made statements on the
human rights situation in their respective countries:
i. National Commission for Human Rights and Freedoms of Cameroon;
ii. National Preventive Mechanism of Mauritania;
iii. Saharawi National Commission for Human Rights;
iv. National Human Rights Commission of Niger;
v. National Commission for Human Rights of Rwanda;
vi. Commission for Gender Equality of South Africa; and
vii. National Human Rights Council of Algeria.
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26.
A total of sixty-one (61) NGOs with Observer Status with the Commission made
statements on the human rights situation in Africa.
27.
A representative of the International Committee of the Red Cross (ICRC) also
made a statement on the vulnerabilities of women and girls in situations of armed
conflict and other situations of violence, underscoring the importance of adhering
to the Maputo Protocol and international humanitarian law to better protect
women and girls.
28.
The Commission reported on the status of its relationship and cooperation with
NHRIs and NGOs. It gave an update on the status of submission of activity
reports by NHRIs and NGOs respectively.
29.
In accordance with its Resolution on the Granting of Affiliate Status to NHRIs in
Africa, the Commission granted Affiliate Status to one (1) NHRI, the South Sudan
Human Rights Commission, bringing the total number of NHRIs with Affiliate
Status with the Commission to twenty-nine (29).
30.
In accordance with its Resolution on the Criteria for Granting and Maintaining
Observer Status to NGOs working on Human and Peoples’ Rights in Africa, the
Commission granted Observer Status to one (1) NGO, HAKI Africa, bringing the
total number of NGOs with Observer Status with the Commission to five hundred
and eighteen (518).
31.
The Commission gave an update on the status of submission of State Parties’
periodic reports.
32.
In accordance with Article 62 of the African Charter and Article 26 of the Maputo
Protocol, the Commission considered the periodic reports of the following three
(3) State Parties:
i. Sixth and Seventh Combined Periodic Reports of the Republic of Angola
on the African Charter, and Report on the Maputo Protocol;
ii. Sixth, Seventh and Eighth Combined Periodic Reports of the Republic of
Togo on the African Charter, and Report on the Maputo Protocol; and
iii. Second and Third Combined Periodic Reports of the Republic of Botswana
on the African Charter.
33.
In accordance with paragraph 25 of the African Peer Review Mechanism (APRM)
Base
Document
NEPAD/HSGIC/03-2003/APRM/MOU/Annex
II,
the
Commission considered the APRM Reports of the Republic of Chad, the Republic
of Djibouti, and the Republic of Senegal.
34.
The following Members of the Commission presented their inter-session reports
highlighting activities undertaken in their capacities as Commissioners, and
Special Mechanisms mandate holders:
7
i.
Chairperson of the Commission and Chairperson of the Working Group
on Indigenous Populations/Communities in Africa;
ii.
Vice-Chairperson of the Commission and Special Rapporteur on Freedom
of Expression and Access to Information in Africa;
iii.
Special Rapporteur on the Rights of Women in Africa;
iv.
Special Rapporteur on the Situation of Human Rights Defenders in Africa;
v.
Special Rapporteur on Prisons, Conditions of Detention and Policing in
Africa;
vi.
Special Rapporteur on Refugees, Asylum Seekers, Internally Displaced
Persons and Migrants in Africa;
vii.
Chairperson of the Working Group on Extractive Industries, Environment
and Human Rights Violations in Africa;
viii.
Chairperson of the Working Group on Death Penalty and Extrajudicial,
Summary or Arbitrary Killings in Africa;
ix.
Chairperson of the Committee for the Prevention of Torture in Africa;
x.
Chairperson of the Committee on the Protection of the Rights of People
Living with HIV and those at Risk, Vulnerable to and Affected by HIV;
xi.
Chairperson of the Working Group on Economic, Social and Cultural
Rights in Africa;
xii.
Chairperson of the Working Group on the Rights of Older Persons and
Peoples with Disabilities in Africa; and
xiii.
Chairperson of the Working Group on Communications.
35.
The Commission adopted the reports of three (3) human rights promotion
missions undertaken to the Republic of Angola, the Democratic Republic of
Congo, and the Islamic Republic of Mauritania.
36.
The Commission considered and adopted the following documents with
amendments:
i.
Concluding Observations on the Initial State Report of Eritrea;
ii.
Protocol to the African Charter on Human and Peoples’ Rights the Rights of
Citizens to Social Protection and Social Security;
iii.
Communication and Media Strategy of the Commission;
iv.
Audit of Communications;
v.
Report of the Secretary to the Commission;
vi.
2019 Annual Work Plan of the Commission;
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37.
vii.
Report on Staff and Budgetary Matters; and
viii.
Report of the Combined Advisory Committee on Budget and Staff Matters
(ACBSM) and the Working Group on Specific Issues (WGSI).
The Commission also considered and made observations on the following
documents:
i. Draft General Comment on Article 12 of the African Charter on Human and
Peoples’ Rights;
ii. Draft Guidelines for Referral of Cases to the Court;
iii. Report of the Meeting on the Validation of the AUC’s Study on Policy Coherence
between the AUC and AU Organs;
iv. Proposals on the operationalisation of the recommendation on Code of Conduct
of the Commission;
v. Paper on Recusal;
vi. Concept Note for Strategic Planning for the Year 2020 Onwards;
vii. Concept Note for Regional Consultation on Combatting
Discrimination/Xenophobia and Other Related Intolerances;
viii.
Racial
Correspondence from the Coalition of African Lesbians (CAL) on the request
for the legal basis of the withdrawal of its observer status; and
ix. Proposal by NANHRI on the establishment of an online information centre on
the implementation of the Commission’s decisions.
38.
The Commission deferred consideration of the Draft Guidelines on the Right to
Water.
39.
The Commission adopted the following eleven (11) Resolutions:
i. Resolution on the Interpretative and Protective Mandate of the Commission;
ii. Resolution on the Human Rights Situation in the Federal Republic of Somalia;
iii. Resolution on the Human Rights Situation in the Republic of Burundi;
iv. Resolution on the Human Rights Situation in the Republic of Cameroon;
v. Resolution on Elections in DRC;
vi. Resolution on the Need for a Study on the Situation of Africa’s Sacred Natural
Sites and Territories;
vii. Resolution on the need to undertake a study on human rights violations against
migrants;
viii. Resolution on the situation of women human rights defenders in Africa;
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ix. Resolution on the establishment of a support group for the Special Rapporteur on
Human Rights Defenders and focal point on reprisals in Africa for the
promotion and monitoring of the effective implementation of the Guidelines on
Freedom of Assembly and Association in Africa;
x. Resolution on the Elaboration of a General Comment on Article 12 (1) of the
African Charter on Human and Peoples' Rights; and
xi. Resolution on the Expansion of the Mandate and Composition of the Working
Group on the Death Penalty and Extrajudicial, Summary or Arbitrary Killings
in Africa.
40.
The Commission considered fourteen (14) Communications:
i.
Three (3) Communications on Admissibility, of which one (1) was declared
admissible and two (2) were deferred;
ii.
Eight (8) Communications on Seizure, all of which were seized, three (3) with
Provisional Measures;
iii.
Two (2) Communications for strike-out; and
iv.
One (1) Communication on request for withdrawal.
41.
The Commission further considered and provided guidance on three (3)
Communications.
42.
Representatives of the APRM briefed the Commission on the expansion of APRM’s
mandate to track the state of governance in Africa, and proposed collaborative
activities between the APRM and the Commission.
43.
The Commission considered its 45th Activity Report, which will be submitted to
the 34th Ordinary Session of the AU Executive Council and the 32nd Ordinary
Session of the AU Assembly of Heads of State and Government.
44.
The Commission decided to hold its 25th Extra-Ordinary Session from 19 February
to 5 March 2019, in Banjul, The Gambia.
45.
The Commission decided to hold its 64th Ordinary Session from 24 April to 14 May
2019 in Cairo, Egypt.
46.
The Commission expresses its sincere gratitude to the Government and people of
The Gambia for the warm welcome and hospitality extended to participants, and
for providing the necessary facilities which contributed to the successful conduct
of the Session.
47.
The closing ceremony of the 63rd Ordinary Session was held on 13 November 2018,
in Banjul, The Gambia.
Done in Banjul, Republic of The Gambia, on 13 November 2018
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