Final Communique of the 79th Ordinary Session of the African Commission on
Human and Peoples’ Rights
Banjul, The Gambia
14 May - 03 June 2024
1.
In accordance with Article 64(2) of the African Charter on Human and Peoples’
Rights (the African Charter), read in conjunction with Rule 27 of the Rules of
Procedure (2020) of the African Commission on Human and Peoples’ Rights (the
Commission), the Commission held its 79th Ordinary Public Session in hybrid
format (the Session) from 14 May to 03 June 2024 in Banjul, Republic of The
Gambia.
2.
The opening ceremony took place on 14 May 2024 at the Bakadaji Hotel. It was
chaired by H.E. Dr Mamadou Tangara, the Minister of Foreign Affairs of the
Republic of The Gambia and the Honourable Commissioner Rémy Ngoy
Lumbu, Chairperson of the Commission.
3.
The debates of the Session were chaired by the Honourable Commissioner Rémy
Ngoy Lumbu, Chairperson of the Commission, assisted by the Vice-Chairperson,
the Honourable Commissioner Janet Ramatoulie Sallah-Njie.
4.
The following Members of the Commission attended the Session:
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ii.
iii.
iv.
v.
vi.
vii.
viii.
ix.
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xi.
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Honourable Commissioner Rémy Ngoy Lumbu, Chairperson;
Honourable Commissioner Janet Ramatoulie Sallah-Njie, Vice-Chairperson;
Honourable Commissioner Solomon Ayele Dersso;
Honourable Commissioner Hatem Essaiem;
Honourable Commissioner Maria Teresa Manuela;
Honourable Commissioner Mudford Zachariah Mwandenga;
Honourable Commissioner Marie Louise Abomo;
Honourable Commissioner Idrissa Sow;
Honourable Commissioner Ourveena Geereesha Topsy-Sonoo;
Honourable Commissioner Litha Musyimi-Ogana; and
Honourable Commissioner Selma Sassi-Safer.
Important statements were made during the opening ceremony by:
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ii.
iii.
iv.
Ms. Hannah Forster, Executive Director of the African Centre for
Democracy and Human Rights Studies, speaking on behalf of the NGO
Forum Steering Committee;
Mr. Joseph Whittal (Esq), representing the Network of National Human
Rights Institutions;
H.E Olof Skoog, European Union Special Representative for Human
Rights;
Ms Maymuchka Lauristone, Regional Representative of the United
Nations High Commissioner for Human Rights;
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v.
vi.
vii.
viii.
ix.
x.
Honourable Djidda Mamar Mahamat, 4th Vice-President of the PanAfrican Parliament;
Honourable Aver Gavar, Vice-Chairperson of the African Committee of
Experts on the Rights and Welfare of the Child;
Honourable Judge Modibo Sakho, Vice-President of the African Court on
Human and Peoples’ Rights;
H.E. Ms Khadijetou Mbareck Fall, Ambassador of Mauritania to Ethiopia
and Chair of the Permanent Representatives Committee, on behalf of the
States Parties to the African Charter on Human and Peoples’ Rights;
Honourable Commissioner Rémy Ngoy Lumbu, Chairperson of the
African Commission on Human and Peoples' Rights; and
H.E Mamadou Tangara, Minister of Foreign Affairs of the Republic of the
Gambia, who gave the opening address.
6.
All the statements made during the Opening Ceremony are available on the
Commission's website.
7.
A total of eight hundred and five (805) delegates attended the Session, including:
one hundred and eighteen (118) representatives of States Parties; eight (8)
representatives of AU Organs; three (3) representatives of Regional Economic
Communities; three (3) representatives of UN agencies; thirty-nine (39)
representatives of international and intergovernmental organizations; sixty-six
(66) representatives of NHRIs; four hundred and fifty-nine (459) representatives
of African and international NGOs; thirty-nine (39) Observers and twenty-four
(24) press and media organizations.
8.
The representatives of the following ten (10) States Parties made statements on the
human rights situation in their respective countries: Algeria, Angola, Cameroon,
Egypt, Eritrea, Ethiopia, Malawi, Mauritania, South Africa and the Saharawi Arab
Democratic Republic.
9.
Representatives of the following eight (8) NHRIs enjoying affiliate status with the
Commission made statements on the human rights situation in their respective
countries. These are: Sahrawi National Commission for Human Rights; National
Council for Human Rights of the Republic of Egypt; National Council for Human
Rights of Côte d'Ivoire; Ethiopian Human Rights Commission; Kenya
Commission on Human Rights; National Commission for Human Rights and
Freedoms of Cameroon; National Council for Human Rights of Algeria; and
Independent National Commission for Human Rights in Burundi.
10. Thirty-five (35) NGOs with observer status with the Commission made statements
on the human rights situation in Africa.
11. One (1) international organization, the International Committee of the Red Cross,
which has observer status with the Commission, made a statement.
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12. One (1) United Nations treaty body, the Committee on Enforced Disappearances,
issued a statement.
13. Egypt exercised its right of reply on the human rights situation.
14. During the Public Session, a number of panels were organized on various themes
aimed at strengthening the promotion and protection of human rights on the
continent:
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iv.
v.
vi.
vii.
viii.
ix.
Panel on the celebration of the United Nations Convention against Torture
and 20 years of the Committee for the Prevention of Torture in Africa;
Panel on the Abolition of the Death Penalty and Security Issues;
Panel on challenges to the implementation of Article 5(b) of the Maputo
Protocol and launch of the second edition of the Maputo@20 newsletter
dedicated to victims of female genital mutilation;
Panel on forced displacement to mark the 15th anniversary of the Kampala
Convention;
Panel on the African Union’s theme of the Year 2024: The Right to
Education;
Panel on the Commemoration of the 30th Anniversary of the genocide
against Tutsi in Rwanda;
Panel on the Celebration of the Luanda Guidelines;
Panel on the submission of reports by States Parties;
Panel on the African Declaration on the Promotion of the Role of Human
Rights Defenders and their Protection in Africa.
15. The Commission took stock of its relations and cooperation with NHRIs and
NGOs and the submission of activity reports by NHRIs and NGOs.
16. In accordance with its resolution on the criteria for granting and maintaining
affiliate status with National Human Rights Institutions, the Commission granted
affiliate status to the National Mechanism for the Prevention of Torture of
Mauritania and to the National Gender and Equality Commission of Kenya.
17. Pursuant to its resolution on the criteria for granting and maintaining observer
status for human rights NGOs in Africa, the Commission granted observer status
to the following ten (10) NGOs:
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vi.
vii.
viii.
ix.
Afrogiveness;
IBSAR Association;
Tunisian Coalition against the Death Penalty;
Danish Institute against Torture - Dignity;
Centre for Human Rights and Democracy;
Lawyers for Human Rights;
Hope Inspired Foundation for Women and Youth with Disabilities;
Rwanda Men's Resource Centre;
Friends of Angola;
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Women’s Legal Aid Centre.
18. This brings the total number of NGOs with Observer status with the Commission
to five hundred and seventy-one (571) and the total number of NHRIs with
Affiliate status with the Commission to thirty-eight (38).
19. The Commission presented the status of submission of State Party reports, noting
that thirteen countries are up to date; three countries are in the review process,
eight countries are one report overdue, three countries are two reports overdue,
four countries are three reports overdue, seventeen countries are more than three
reports overdue, and six countries have not yet submitted their initial report.
20. The Commission examined the Periodic Report (2015-2021) of the Republic of
Mozambique under the African Charter on Human and Peoples’ Rights, in
accordance with Article 62 of the African Charter.
21. The Members of the Commission presented their intersession reports to highlight
the activities undertaken in their capacity as Commissioners, Country
Rapporteurs and Special Mechanism mandate holders. All the reports presented
are available on the Commission's website. The presentation of these reports
prompted reactions, contributions and questions from State delegates, NHRIs and
CSO representatives.
22. During its private session, the Commission examined and adopted the following
reports and documents:
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viii.
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xi.
The Chairperson's report on intersession supervision activities;
Updates on the Study of the impact of COVID-19 on indigenous peoples in
Africa, and the link between COVID-19 and HIV;
Report on the conclusions of the Conference regarding the implementation
and national impact of ACHPR’s decisions;
Report on complementarity between the Court and the Commission:
Discussion on outstanding issues concerning the transfer of
Communications to the African Court;
Paper on the simultaneous application of the Commission's 2010 and 2020
Rules of Procedure;
Paper on the Admissibility of Periodic Reports from suspended African
Union Member States;
Report from the Secretariat on the administrative admissions of four (4)
Communications;
Communications audit narrative report;
Report of the Working Group on Communications;
Document on working methods for coordinating Commissioners'
intersession activities;
Report of the Working Group on specific issues relating to the work of the
Commission;
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xii.
xiii.
xiv.
xv.
Report on Follow-Up actions and Decisions taken at the 77th OS and 78th
OS;
Report by the Chairperson of the Advisory Committee on Budgetary and
Staff Matters;
Paper on Applications for Observer Status during the Private Session;
Press Release on the humanitarian situation in the Gaza Strip.
23. The Commission examined the following documents and took note of them for
subsequent deliberations:
i.
ii.
Paper on the power to examine suo motu (on its own initiative) violations
not alleged by the Complainant;
Paper on intersession reports submitted by special mechanisms.
24. The Commission held a working session with the African Child Policy Forum on
the conclusions and recommendations of the Pan-African study on children
deprived of their liberty in the situation of armed conflict.
25. The Commission held a working meeting with the United Nations Special
Rapporteur on Counter-Terrorism and Human Rights.
26. The Commission held a sensitization exchange with officials from key ministries
in the Gambian government.
27. The Commission examined the following eight (8) Communications:
i.
ii.
iii.
Five (5) Communications on admissibility; with four (4) declared admissible
and one (1) inadmissible;
One (1) communication on merits adopted;
Two (2) Communications struck out.
28. The Commission adopted one (1) country-specific Resolution on the human rights
situation in the Republic of Sudan.
29. The Commission adopted three (3) thematic resolutions:
i.
ii.
iii.
Resolution on the Development of an Addendum on Data to the State Party
Reporting Guidelines for Economic, Social and Cultural Rights in the
African Charter on Human and Peoples’ Rights (Tunis Reporting
Guidelines);
Resolution on the preparation of General Comments on the right to
development in Africa;
Resolution on the Substitution of Vice-Chairperson of the Working Group
on Economic, Social and Cultural Rights in Africa.
30. The Commission did not adopt the following Resolutions:
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i.
ii.
iii.
iv.
v.
Resolution on the need for a study on the consequences and impacts of
climate change on forced population displacement in Africa;
Resolution on the promotion of the use of indigenous languages as a means
of communication and participation in the implementation of the African
Continental Free Trade Area;
Resolution on the need for citizen participation with the right to speak
granted to individuals during the work of the African Commission on
Human and Peoples’ Rights;
Resolution on changing the name of the Working Group on Specific Issues
relating to the work of the African Commission on Human and Peoples’
Rights;
Resolution on the human rights situation in Chad.
31. The Commission has decided to hold its 80th Ordinary Session from 24 July to 02
August 2024. Details of the next Session will be made public on the Commission’s
website in due course.
32. The Commission expresses its sincere gratitude to the States Parties, international
organizations, NHRIs, NGOs and all stakeholders who participated in this
Ordinary Session.
33. The Commission also expresses its deep gratitude to His Excellency Adama
Barrow, the Government and the people of the Republic of The Gambia for
permitting the Commission to host the 79th Ordinary Public Session in The
Gambia, and for the support in opening and closing the Session.
34. The Closing Ceremony of the 79th Ordinary Session took place on 03 June 2024.
Done in Banjul, on 03 June 2024
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