AFRICAN UNION
UNION AFRICAINE
UNIÃO AFRICANA
Commission Africaine des Droits
African Commission on Human & Peoples’
l’Homme & des Peuples
Rights
No. 31 Bijilo Annex Lay-out, Kombo North District, Western Region, P. O. Box 673, Banjul, The Gambia
Tel: (+220) 441 05 05 /+220) 441 05 06, Cellphone (+220) 2304361
E-mail: au-banjul@africa-union.org/africancommission@yahoo.com: Web www.achpr.org
FINAL COMMUNIQUÉ OF THE 69TH ORDINARY SESSION OF THE
AFRICAN
COMMISSION ON HUMAN AND PEOPLES’ RIGHTS
de
Virtual Session
15 November – 5 December 2021
1. The African Commission on Human and Peoples’ Rights (the
Commission) held its 69th Ordinary Session (the Session) from 15
November to 5 December 2021. The Session was held virtually due to
the persistence of the COVID-19 pandemic.
2. The Opening Ceremony was chaired by Honourable Commissioner
Solomon Ayele Dersso, Outgoing Chairperson of the Commission,
with the assistance of Honourable Commissioner Remy Ngoy Lumbu,
Outgoing Vice Chairperson of the Commission.
3. The Commission elected its new Bureau which shall serve for two
years. The Bureau is composed of Honourable Rémy Ngoy Lumbu as
Chairperson and Honourable Maya Sahli-Fadel as Vice Chairperson.
4. Honourable Commissioner Solomon Ayele Dersso, who was reelected to the Commission for a second term, made the Solemn
Declaration prior to taking office.
5. The newly elected members also made the Solemn Declaration prior
to taking up their duties as Commissioners. They are:
i.
ii.
iii.
Honourable Commissioner Janet Ramatoulie Sallah – Njie;
Honourable Commissioner Ourveena Geereesha Topsy-Sonoo;
and
Honourable Commissioner Idrissa Sow.
6. His Excellency Ambassador Salah S. Hammad, Senior Human Rights
Expert of the AUC Department of Political Affairs, delivered a
statement on behalf of His Excellency Moussa Faki Mahamat, AUC
Chairperson.
7. The following Members of the Commission participated in the Session:
i.
ii.
iii.
iv.
v.
vi.
vii.
viii.
ix.
x.
Honourable Commissioner Rémy Ngoy Lumbu, Chairperson;
Honourable Commissioner Maya Sahli-Fadel, 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 Janet Ramatoulie Sallah – Njie;
Honourable Commissioner Ourveena Geereesha Topsy-Sonoo;
and
Honourable Commissioner Idrissa Sow.
8. Statements were delivered at the Opening Ceremony by Mrs Hannah
Forster, Director of the African Centre for Democracy and Human
Rights Studies, speaking on behalf of the NGO Forum Steering
Committee, Mr. Joseph Whittal, Vice Chairperson of the Network of
African National Human Rights Institutions; H.E. Ambassador Eamon
Gilmore, European Union Special Representative for Human Rights;
Mr. Marcel Clément Akpovo, East Africa Representative of the UN
High Commissioner for Human Rights, speaking on behalf of H.E.
Michèle Bachelet; H.E. Ana Celeste Januário, Secretary of State for
Human Rights and Citizenship of the Republic of Angola speaking on
behalf of AU States Parties; Honourable Lady Justice Imani Daud
Aboud, President of the African Court on Human and Peoples’ Rights;
Honourable Commissioner Solomon Ayele Dersso, Outgoing
Chairperson of the African Commission on Human and Peoples’
Rights; H.E. Ambassador Salah S. Hammad, Senior Human Rights
Expert of the Department of Political Affairs of the African Union
Commission (AUC), representing His Excellency Moussa Faki
Mahamat, Chairperson of the African Union Commission (AUC); and
H.E. Mamadou Saliou Sow, Secretary of State to the Minister of Justice,
in charge of the promotion of human rights and good governance of
the Republic of Senegal.
9. The Honourable Commissioner Maya Sahli-Fadel, Vice-Chair-elect,
welcomed the new Commissioners as the dean of the Commission.
10. Mrs. Hannah Forster began her address by requesting a moment’s
silence in memory of the founding fathers of the African Human and
Peoples’ Rights System, including the late Commissioner Isaac
Nguema, the first Chairperson of the Commission.
11. She underscored the impact of the Charter, noting that its application
has contributed to the development of international human rights law
through, inter alia, the increased involvement of State and non-State
actors, the granting of affiliate status to over thirty (30) National
Human Rights Institutions and the granting of observer status to over
five hundred (500) Non-Governmental Organisations.
12. In his statement, Mr. Joseph Whittal, recalled that this Session
provides an opportunity to reflect on the milestones reached in the last
40 years since the adoption of the African Charter on Human and
Peoples’ Rights. He added that while we acknowledge the progress
made in advancing human rights in Africa as enshrined in the African
Charter, we should also take note of the challenges that the African
Commission has faced in fulfilling its mandate.
13. He recalled that the obligation of preserving human rights lies
primarily with States, which must therefore support and strengthen
the work of regional bodies in order to reduce interventions from
international mechanisms. He urged States to invest in and accelerate
local vaccine production to address the supply gap.
14. Mr. Eamon Gilmore, began by highlighting the significance of this
Session which coincides with the celebration of the 40th Anniversary
of the adoption of the Charter. He pointed to the strong relationship of
cooperation that exists between the African Union and the European
Union in various areas after emphasizing that the two institutions
share common values.
15. He then indicated that the annual Human Rights dialogue, held
recently, helped to illustrate the level of commitment of both
institutions to promote and protect human rights on the two
continents. He confirmed their common interest in working together
in particular on issues relating to the abolition of the death penalty,
transitional justice, gender equality and women’s empowerment, as
well as the promotion of democracy and the rule of law.
16. Mr. Akpovo underscored the strong cooperation ties established
between the Office of the High Commissioner for Human Rights and
the Commission since the adoption of the Addis Ababa Roadmap and
commended the regular consultations held between the two
institutions on various issues relating to their respective mandates.
17. He concluded his statement by highlighting the additional challenges
caused by climate change with an impact on human rights and invited
the Commission to consider the possibility of further contributing to
address the issue of global warming, in collaboration with partner
institutions.
18. H.E. Mrs Ana Celeste Januário drew attention to the celebrations
commemorating forty (40) years of the Charter. She reiterated the need
to re-evaluate the African human rights system and consolidate
communication channels between the Organs through joint activities.
She also underscored the need for Member States to strengthen their
collaboration with the Commission, in particular, through their
accession to the legal instruments of the African human rights system.
19. She further urged African States to adopt COVID-19 response plans
that are more inclusive providing free services to nationals of each
State as well as foreigners, refugees, undocumented persons and, in
general, to all other vulnerable groups.
20. Honourable Lady Justice Imani Aboud, President of the African Court
on Human and Peoples’ Rights, recalled the context of the
establishment of the Commission, marked by numerous challenges
relating to peace building, conflict resolution, access to justice,
unconstitutional changes of government and power struggles.
21. She referred to the role and responsibility of each actor in achieving
the common goal of ensuring the realization of human rights across
the continent. She observed that while Member States of integration
organisations remain the main stakeholders in enforcing human
rights, non-governmental actors are called upon to continue to play a
critical role in ensuring that the system is balanced.
22. Honourable Commissioner Solomon Ayele Dersso welcomed all
participants to the 69th Ordinary Session of the Commission. He
recalled the importance of the particular context in which this Session
is taking place, against the backdrop of the 40th Anniversary of the
Charter as well as the forthcoming 20th Anniversary of the AU. He
highlighted the need to conduct an assessment of the human rights
situation and noted the gap between the commitments to the
continental Human Rights System and practice.
23. He noted the shrinking civic space due to the excessive use of
restrictive measures adopted by African States in response to the
Covid-19 pandemic, which has contributed to the deterioration of
democracy on the continent.
24. H.E. Ambassador. Salah S. Hammad welcomed the newly elected
Commissioners and expressed his best wishes to the outgoing
Commissioners. He congratulated the Commission on being elected as
Chair of the African Governance Architecture (AGA). He also
commended the work accomplished by the Secretariat.
25. He stated that as we celebrate the 40th Anniversary of the African
Charter on Human and Peoples’ Rights, we need to recognise the
challenges faced during this period of the Covid-19 pandemic. This
requires us to urgently address issues relating to underdevelopment,
marginalisation, exclusion of some vulnerable groups as well as the
enjoyment of economic and social rights. He called on all AU Member
States to cooperate with all AU Organs, in particular the Commission,
and encouraged them to implement the decisions of Organs with a
human rights mandate.
26. H.E. Mamadou Saliou Sow welcomed the fact that Senegal was
selected to host this Session and commended the efforts made for its
successful conduct. He pointed out that this Session was being held at
a time when we are celebrating the fortieth anniversary of the
adoption of the African Charter on Human and Peoples’ Rights. In this
regard, he applauded the Commission for its significant contribution
to the promotion and protection of the rights enshrined in the Charter.
He called for the implementation of more actions and strategies to
overcome threats and violations of human rights, especially those
affecting the most vulnerable, through the criminalisation of certain
acts such as rape and paedophilia.
27. He reiterated Senegal’s availability to collaborate with UN and African
human rights monitoring mechanisms.
28. He then declared open the 69th Ordinary Session of the Commission.
29. Commissioner Maya Sahli-Fadel welcomed the three newly elected
Commissioners and the Commissioner whose mandate was renewed.
She also wished the outgoing Commissioner, Jamesina Essie L.King,
all the best..
30. A total of four hundred and twenty-two (422) delegates attended the
Session, including: One hundred and one (101) representing twentyfour (24) States Parties; four (4) representing AU Organs; one (1)
representing a Regional Economic Community; fifty (50) representing
NHRIs; five (5) representing international and intergovernmental
organisations; two hundred and thirty-one (231) representing African
and international NGOs; five (5) representing other observers, one (1)
of whom was from the media.
31. Representatives of the following nine (9) States Parties made
statements on the human rights situation in their respective countries,
namely: Algeria, Angola, Burkina Faso, Chad, Eritrea, Guinea Bissau,
Malawi, Sahrawi Republic and Uganda.
32. Representatives of eighteen (18) NHRIs with Affiliate Status made
statements on the human rights situation in their respective countries,
namely: the National Human Rights Council of Algeria, the National
Independent Human Rights Commission of Burundi, the National
Human Rights Commission of Cabo Verde, the Human Rights
Commission of Cameroon, the National Human Rights Commission
of Côte d'Ivoire, the National Human Rights Commission of the
Democratic Republic of Congo, the Human Rights Commission of
Ethiopia, the National Human Rights Commission of Kenya, the
Human Rights Commission of Malawi, the National Human Rights
Commission of Mali, the National Human Rights Commission of
Mauritius, the National Human Rights Commission of Mauritania, the
National Human Rights Commission of Nigeria, the National Human
Rights Commission of Rwanda, the National Human Rights
Commission of the Saharawi Republic, the Human Rights
Commission of South Africa, the Commission for Human Rights and
Good Governance of Tanzania and the Human Rights Commission of
Zambia Zambia.
33. Thirty (30) NGOs that have Observer Status with the Commission
made statements on the human rights situation in Africa.
34. Eritrea and Sahrawi Republic exercised their right of reply.
35. The Commission launched the following documents:
i.
Newsletter 15 on Police and Human Rights in Africa; and
ii.
Background Study on the Operations of the Extractive Industries Sector
in Africa and its Impacts on the Realisation of Human and Peoples’
Rights under the African Charter on Human and Peoples’ Rights.
36. With the aim of strengthening the promotion and protection of human
rights on the continent, several panels were organised on the following
themes:
vi.
iii.
Advocacy for the ratification of the Convention on the Rights of
Older Persons and the Protocol on the Rights of Persons with
Disabilities;
iv.
Situation of human rights defenders in exile;
v.
Assessment of the implementation of the Global Compact on
Migration by key actors in Africa; and
Presentation and discussion of the Study on Jurisprudence relating to
Article 5 of the Charter and the Report on the production, trade and use
of tools of torture in Africa;
37. The Commission reported on the status of its relationship and
cooperation with NHRIs. It also provided an update on the status of
submission of activity reports by NHRIs and granted affiliate status to
the National Human Rights Commission of The Gambia and the
Human Rights Commission of Benin.
38. The Commission also granted affiliate status to Institut des Droits de
l’Homme et de la Paix of University Cheikh Anta Diop of Dakar.
39. Thus, the total number of national institutions specializing in human
rights with affiliate status with the Commission is thirty-three (33).
40. In accordance with its Resolution on the Criteria for Granting and
Maintaining Observer Status to Human Rights NGOs in Africa, the
Commission granted Observer Status to three (3) NGOs, namely:
vii.
viii.
ix.
Institut Panafricain pour la Citoyenneté, les Consommateurs et le
Développement (CICODEV Afrique);
Paradigm Initiative for Information Technology Development; and
Mouvement pour la défense de l'Humanité et l'abolition de la torture
(MDHAT).
41. This brings the total number of NGOs, which have observer status
with the Commission, to five hundred and thirty-eight (538).
42. The Commission provided an update on the status of submission of
Periodic Reports by States Parties.
43. In accordance with Article 62 of the African Charter, the Commission
considered the Periodic Reports of the following States Parties:
i.
ii.
iii.
The Sixth to Tenth Combined Periodic Reports of the Republic of Benin
under the African Charter on Human and Peoples’ Rights.
The Seventh Periodic Report of the Republic of Namibia under the
African Charter on Human and Peoples’ Rights and the Second Report
under the Protocol of the African Charter on the Rights of Women in
Africa (Maputo Protocol); and
The First to Ninth Combined Periodic Reports of the Kingdom of
Eswatini under the African Charter on Human and Peoples’ Rights and
the Initial Report under the Protocol of the African Charter on the
Rights of Women in Africa (Maputo Protocol).
44. Members of the Commission presented their intersession reports
highlighting the activities undertaken in their capacity as
Commissioners, Commissioner Rapporteurs and mandate holders of
Special Mechanisms:
45. Presentation of these Reports generated reactions, contributions and
questions from State Delegates and Civil Society Organisations.
46. During its private Session, the Commission considered and adopted
the following documents, after amendment:
i.
ii.
iii.
iv.
Concluding Observations on the Periodic Report of the
Republic of Niger;
Concluding Observations on the Periodic Report of the
Republic of Zimbabwe;
Draft General Comment on regulating private actors involved
in the provision of social services; and
Report on the Promotion Mission to the Republic of Guinea
Bissau.
47. The Commission considered the following reports:
i.
ii.
iii.
iv.
v.
vi.
Report on Follow-up Actions from the 68th Ordinary Session and
33rd Extraordinary Session;
Report of the Chairperson of the ACBSM on Budgetary and Staff
Matters;
Report of the Working Group on Communications;
Report on the Audit of Communications;
Report of the Secretary to the Commission; and
Report of the Working Group on Specific Issues.
48. The Commission considered four (4) Communications as follows:
i.
ii.
Three (3) Communications on Admissibility, which were
declared admissible; and
One (1) Communication, on which the Commission provided
guidance for its consideration.
49. The Commission adopted the following Resolutions:
i.
ii.
iii.
iv.
v.
vi.
vii.
viii.
ix.
x.
xi.
xii.
xiii.
xiv.
xv.
xvi.
Resolution on the Recognition and Protection of the
Right of Ownership, Governance and Use of Natural
Resources by Indigenous Populations in Africa;
Resolution on the Deterioration of the General Human
Rights Situation in Sudan following the Coup d’Etat of
25 October 2021;
Resolution on the need to develop a training manual on
the use of force by law enforcement officials and
prison/correctional guards in Africa;
Resolution on Extractive Industries and the Land Rights
of Indigenous Populations/Communities in Africa;
Resolution on climate change and the effects on forced
displacement;
Resolution on violence against women in armed conflict
situations in Africa;
Resolution on the Drafting of Standard Operating
Procedures of the Alert and Reporting Mechanism to the
ACPHR on Situations of Torture and Related Acts;
Resolution on the drafting of a General Comment on the
prohibition of Female Genital Mutilation in Africa;
Resolution on the Renewal of the Mandate of the
Commission of Inquiry into the situation in the Tigray
Region in the Federal Democratic Republic of Ethiopia;
Resolution on the redistribution of country
rapporteurship amongst Commissioners;
Resolution on the Reconstitution of the Committee on
Resolutions;
Resolution on the Reconstitution of the Working Group
on
Indigenous
Populations/Communities
and
Minorities in Africa;
Resolution on the Reconstitution of the Advisory
Committee on Budgetary and Staff Matters;
Resolution on the Reconstitution of the Working Group
on Specific Issues related to the work of the Commission;
Resolution on the Reconstitution of the Working Group
on the Death Penalty, Extrajudicial, Summary or
Arbitrary Killings and Enforced Disappearances in
Africa;
Resolution on the Reconstitution of the Committee on
the Protection of the Rights of People Living with HIV
xvii.
xviii.
xix.
xx.
xxi.
xxii.
xxiii.
(PLHIV) and those at Risk, Vulnerable to and Affected
by HIV;
Resolution on the Reconstitution of the Working Group
on Communications;
Resolution on the Mandate and Appointment of the
Special Rapporteur on Freedom of Expression and
Access to Information in Africa;
Resolution on the Appointment of the Special
Rapporteur on the Rights of Women in Africa;
Resolution on the Reconstitution of the Working Group
on Extractive Industries, Environment and Human
Rights Violations in Africa;
Resolution on the Reconstitution of the Working Group
on the Rights of Older Persons and People with
Disabilities in Africa;
Resolution on the situation of persisting human rights
violations in the Republic of Cameroon; and
Resolution on the extension of the period for the
preparation of a Study on the Use of Force by Law
Enforcement Officials in Africa.
50. The Commission considered and adopted its 51st Activity Report.
51. The Commission decided to hold its 70 th Ordinary Session virtually
from 23 February to 9 March 2022. Details of the next Ordinary Session
will be made available on the Commission’s website in due course.
52. The Commission expresses its sincere gratitude to States Parties,
international organisations, NHRIs, NGOs and all stakeholders who
participated in this virtual Ordinary Session.
53. The Committee also expresses its deep gratitude to the Government of
the Republic of Senegal for the facilities provided for the organisation
of the Session.
54. The Closing Ceremony of the 69th Ordinary Session took place
virtually on 5 December 2021.
Done in Dakar, on 5 December 2021