AFRICAN UNION
UNION AFRICAINE
UNIÃO AFRICANA
African Commission oUrgent Appeal
Letter Human & Peoples’ Rights
Commission Africaine des Droits de
l’Homme & des Peuples
No. 31 Bijilo Annex Lay-out, Kombo North District, Western Region, P. O. Box 673, Banjul, The Gambia Tel: (220) 441 05
05 /441 05 06, Fax: (220) 441 05 04 E-mail: au-banjul@africa-union.org; Web www.achpr.org
52ND AND 53RD ACTIVITY REPORT
OF THE
AFRICAN COMMISSION ON HUMAN AND PEOPLES’ RIGHTS
Presented in accordance with
Article 54 of the African Charter on Human and Peoples’ Rights
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I.
SUMMARY
1. The 52nd and 53rd Combined Activity Reports of the African Commission on Human and
Peoples’ Rights (the Commission or the ACHPR) is 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 covers the period from
6 December 2021 to 9 November 2022.
2. The activities presented in this Report undertaken by the Commission during the period
under review are directed towards the realization of the priority areas set out in the
Commission’s 2021-2025 Strategic Plan. Accordingly, the Commission’s statutory
meetings were specifically devoted to strengthening its protection mandate by dealing
with Communications on alleged human rights violations, thereby reinforcing the
implementation of its mandate of protection of human and peoples’ rights. This
mandate is further strengthened by the Commission’s interventions on urgent and
pressing human rights issues by means of urgent letters of appeal, press releases,
resolutions and congratulatory letters.
3. It also includes activities to further the promotion of human rights on the continent as
required by the African Charter.
4. The activities undertaken by the Special Mechanisms of the Commission and the
review of reports of States Parties to the African Charter on the implementation of the
rights and freedoms in the African Charter have contributed to the enhancement of
national legal and institutional infrastructure for the promotion and protection of rights
at the national levels through adoption of new laws, revision of existing laws and
establishment or reform of relevant institutions in States Parties. The Report
additionally presents financial, staffing and operational matters of the Commission and
the recommendations of the Commission on the human rights situation on the
continent
II.
BACKGROUND
5. The Commission is an independent Organ established in terms of Article 30 of the
African Charter, which was adopted by the Assembly of Heads of State and Government
of the Organization of African Unity (OAU) in 1981. The African Charter has been ratified
by all Member States of the AU, except the Kingdom of Morocco, which re-joined the
Union in January 2017. The Commission became operational in 1987 and has its
headquarters in Banjul, The Gambia.
6. The Commission is composed of eleven (11) members elected by AU Heads of State
and Government, who serve in their individual capacities on a part-time basis. During
the reporting period however, the Commission is currently operating with ten (10)
Commissioners.1
7. The Commission’s mandate, as set out in Article 45 of the African Charter, is to:
i.
To promote human and peoples’ rights and in particular;
1 The current composition of Commissioners is listed in annex to the Report.
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a) To collect documents, undertake studies and researches on African
problems in the field of human and peoples' rights, organize
seminars, symposia and conferences, disseminate information,
encourage national and local institutions concerned with human and
peoples' rights, and should the case arise, give its views or make
recommendations to Governments;
b) To formulate and lay down, principles and rules aimed at solving
legal problems relating to human and peoples’ rights and
fundamental freedoms upon which African Governments may base
their legislations;
c) Co-operate with other African and international institutions
concerned with the promotion and protection of human and peoples’
rights;
ii. Ensure the protection of human and peoples’ rights under conditions laid
down by the present Charter;
iii. Interpret all the provisions of the present Charter at the request of a State
party, an institution of the OAU or an African Organization recognized by the
OAU; and
iv. Perform any other tasks which may be entrusted to it by the Assembly of
Heads of State and Government.
III.
MEETINGS OF AU POLICY ORGANS, STATUTORY MEETINGS, INSTITUTIONAL AND
OTHER MEETINGS DURING THE REPORTING PERIOD
A. MEETINGS OF THE AU POLICY ORGANS
35th African Union Summit, Addis Ababa, Ethiopia
8. The Commission participated in the following AU Policy Organ meetings which were
held in Addis Ababa, Ethiopia from 20 to 30 January 2022 and from 2 to 6 February
2022, as follows:
i.
ii.
iii.
The 43th Ordinary Session of the Permanent Representatives Committee (PRC),
held virtually from 20 to 30 January 2022;
The 40th Ordinary Session of the Executive Council (EC), held from 2 to 3 February
2022 in Addis Ababa, Ethiopia; and
The 35th Ordinary Session of the Assembly of Heads of State and Government (the
Assembly), held from 5 to 6 February 2022 in Addis Ababa, Ethiopia.
9. In line with the African Charter and established practice, the combined 50th and 51th
Activity Reports of the Commission were presented before the 43rd Ordinary Session
of the PRC. Following discussions at the PRC and Executive Council levels, the Activity
Reports were authorized for publication through Decision EX.CL/Dec.1143-1167(XL).
The Report has been published on the Commission’s website, with responses of a
number of State Parties, attached as Annex to this Report.
15th and 16th Extraordinary Sessions of the African Union
10. The Commission participated in the 15th and 16th Extraordinary Sessions of the African
Union held respectively on 27 and 28 May 2022, in Malabo, Equatorial Guinea.
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44th Ordinary Session of the Permanent Representatives Committee, 41st Ordinary
Session of the Executive Council and the 4th Bi-annual coordination meeting between
Member States.
11. The Commission also participated in the following meetings of the Policy Organs held
virtually from 20 June to 8 July 2022, and in person from 14 to 15 July and on 17 July
2022 in person.
i.
ii.
iii.
44th Ordinary Session of the Permanent Representatives Committee (COREP):
held virtually from 20 June to 8 July 2022 and in person in Addis Ababa,
Ethiopia.
41st Ordinary Session of the Executive Council (CE°: 14-15 July 2022 in
Lusaka, Zambia;
4th Bi-annual coordination meeting between Member States and the AU (RCS):
17 July 2022 in Lusaka, Zambia.
12. During the 41st Ordinary Session of the EC, one (1) Member of the Commission had
been elected and appointed to complete the mandate of the Honourable
Commissioner Alexia Gertrude Amesbury who had resigned from her post, namely:
Mme Litha Musyimi -Ogana (Kenya)
B. STATUTORY AND INSTITUTIONAL MEETINGS
70th Ordinary Session, 23 February to 9 March 2022
13. The 70th Ordinary Session was held virtually from 23 February to 9 March 2022, on
account of the ongoing pandemic. Details of the activities undertaken by the
Commission during its 70th Ordinary Session are recorded in the relevant Final
Communiqué, which is available on the website of the Commission: www.achpr.org
71st Ordinary Session, 2April to 4 May 2021
14. The 71st Ordinary Session was also held virtually from 21 April to 13 May 2022, on
account of the ongoing pandemic.
15. During this Session, the Commission convened the following panels:
i.
Panel on Prevention of unconstitutional change of Government in Africa: Role
of the ACHPR;
ii. Panel Discussion on Sustainable Development and Human Rights in Africa: How
to ensure accountability of States and Business Entities;
iii. Panel Discussion on to Commemorate the 20th Anniversary of the Working
Group on Indigenous Populations/Communities and Minorities in Africa (WGIP);
iv. Panel on the Ratification of the Protocols on Older Persons and Persons with
Disabilities in Africa;
v. Panel on Conditions of Prisons and Places of Detention in Africa;
vi. Panel on the 10th Anniversary of the Addis Ababa Road Map;
vii. Panel on the Situation of Human Rights Defenders in Africa;
viii. Panel on the implications of migration on statelessness in Africa;
ix. Joint Panel on the Death Penalty and the Prevention of Torture; and
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x. Panel on the 28th Commemoration of the 1994 Genocide against the Tutsi
in Rwanda.
16. Details of the activities undertaken by the Commission during its 71st Ordinary Session
are recorded in the Final Communiqué of the Session, which is available on the website
of the Commission: www.achpr.org.
17. The inter-Session Reports presented by Members of the Commission and Special
Rapporteurs during the 71st Ordinary Session are also available on the website of the
Commission: www.achpr.org.
72nd Ordinary Session, 19 July to 2nd August 2022
18. The 72nd Ordinary Session was held virtually from 19 July to 2nd August 2022. The
details of the activities undertaken by the Commission during its 72nd Ordinary Session
are recorded in the corresponding Final Communiqué available for consultation on the
Commission’s Website: www.achpr.org.
73rd Ordinary Session, 20 October to 9 November 2022
19. The 73rd Ordinary Session was held in person from 20 October to 9 November 2022,
it was the first Public Ordinary Session held in person since November 2019.
20. During this Session, the Commission organized the following Panels:
i. Panel on the AU’s Theme of the Year: Year of Nutrition: Reinforce resilience in
Nutrition and Food Security on the African Continent;
ii. Panel on the Obligations and Guidelines on the establishment of State Reports
pursuant to the Maputo Protocol;
iii. Panel on the Next Decade of the Addis Ababa Road Map;
iv. Panel on the launching of General Observations regarding the Regulation of
Private Actors working in the provision of Social Services Sector;
v. Panel on the 10th Anniversary of the Kampala Convention;
vi. Panel on the Freedom of Expression and Access to Information;
vii. Panel on the Study on the situation of Human Rights Defenders in exile;
viii. Panel on the Regional Inaugural Forum on the state of extractive industries,
human rights and the environment in Africa;
ix. Panel on Women’s Detention Conditions;
x. Panel on human rights and the excessive use of force;
xi. Sensitization Panel on the ratification of the Protocol on the rights of Older
Persons and the rights of Persons with disabilities in Africa;
xii. Panel on African responses to Migration;
xiii. Panel on the launching of Guidelines to the Parallel Reports of the African
Commission on Human and Peoples’ Rights;
xiv. Panel on the launching of Guidelines to the protection of all persons against
enforced disappearances;
xv. Panel on the launching of the Abidjan rules on Torture and the CPTA Information
Bulletin.
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21. The details of the activities undertaken by the Commission during its 73rd Ordinary
Session are recorded in the corresponding Final Communiqué available for
consultation on the Commission’s Website: www.achpr.org.
22. The Intersession Reports presented by the Members of the Commission and the
Special Rapporteurs during the 73rd Ordinary Session can also be consulted on the
Commission’s Website.
C. OTHER CADHP ACTIVITIES AND COMMITMENTS
23. From 10 to 14 October 2022, members of the Commission and the Court met in Addis
Ababa, in a joint retreat with the overall objective of enabling the two institutions to
work out practical solutions for the effective realization of the complementarity
provided for in the Protocol to the African Charter establishing the African Court and
the Rules of Procedure of both institutions.
24. The organization of this retreat was justified by the fact that the complementary
relationship of the two organs within the framework of their protection mandates has
not developed satisfactorily; this adversely affects the protection of human rights on
the continent.
25. The frank and fruitful exchanges between the Commissioners and the Judges, with the
technical support of eminent jurists, paved the way for a careful examination of the
issue of complementarity, the roles of each organ, the root causes and the challenges
that prevent the full realization of the complementarity relationship between the two
organs. At the end of the retreat, a joint roadmap on the relationship of
complementarity between the two institutions was adopted. It focuses on cooperation
between the two institutions in areas related to increased effectiveness and efficiency
of procedures, improved access to procedures, out-of-court settlements,
implementation of decisions, awareness-raising and cooperation, and implementation
of the roadmap.
26. Within the context of the Assembly/ AU / Dec.695 of July 2018, designating 7th April
of each year as the African Union Day of Commemoration of the 1994 Genocide Against
the Tutsi in Rwanda and the UN General Assembly Decision 72/550 of 26 January
2018 designating 7th April as the International day of reflection on the 1994 Genocide
Against the Tutsi in Rwanda, the Commission organized a panel discussion on the 28th
commemoration of the 1994 Genocide against Tutsi in Rwanda, within the framework
of its 71st Ordinary Session. The panel aimed at reflecting on the issues of concern as
far as the prevention of genocide in Africa is concerned including the spread of hate
speech, xenophobia, religious radicalism and extremism, violent nationalism, the
propagation of inter-communal violence, and denialism of the 1994 genocide, which
create the conditions for mass violence including genocide, ethnic cleansing, war
crimes, and crimes against humanity.
IV.
STATUS OF SUBMISSION OF PERIODIC REPORTS
27. 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
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(the Kampala Convention), through: receipt and examination of the periodic reports
during the Ordinary Session; direct engagement with the State on the content of the
Report; issuing general Conclusions and Recommendations on the Reports; in addition
to monitoring non-submission of Periodic Reports by State Parties.
28. During the 71st Ordinary Session, the Commission considered the 12th to 13th Periodic
Report of Republic of Kenya (2015-2020).
29. It also considered the 15th, 16th and 17th Periodic Reports of the Islamic Republic of
Mauritania. The Commission also received the combined 2016-2019 Periodic Report
from the Republic of Côte d’Ivoire during its 73rd Ordinary Session.
30. According to Article 62 of the African Charter, State Parties are required to submit
Periodic Reports every two (2) years. The status of submission of Periodic Reports to
the Commission by State Parties from the period of submission of Reports in the last
reporting period to date, therefore stands as follows:
Status
State Parties
Number
Up to date
Benin, Chad, Egypt, Eswatini, The Gambia, Lesotho,
Malawi, Mauritius, Namibia, Nigeria, Niger, Togo and
Zimbabwe
Cameroon, Cote D'Ivoire, Kenya and Senegal
12
Angola, Botswana, Democratic Republic of Congo and
Rwanda
Burkina Faso and Eritrea
04
Algeria, South Africa, Djibouti, Ethiopia, Liberia, Mali,
Mozambique, Sahrawi Democratic Republic, Sierra
Leone and Uganda
Burundi, Cabo Verde, Central African Republic, Congo,
Gabon, Ghana, Guinea, Libya, Madagascar, Seychelles,
Sudan, Tanzania, Tunisia and Zambia
Comoro Islands, Equatorial Guinea, Guinea-Bissau, Sao
Tome & Principe, Somalia and South Sudan.
10
Outstanding
1 Report
outstanding
2 Reports
outstanding
3 Reports
outstanding
More than 3
Reports
outstanding
No Report
submitted
06
02
14
06
31. With specific reference to Article 26 of the Maputo Protocol, the following eighteen (18)
State Parties are submitted their periodic reports thus far, namely: Angola, Burkina
Faso, Cameroon, Democratic Republic of Congo, Eswatini, Kenya, Lesotho, Malawi,
Nigeria, Namibia, Mauritania, Rwanda, Senegal, Seychelles, The Gambia, Togo, South
Africa, and Zimbabwe.2
32. While thirty-three (33) State Parties have ratified the Kampala Convention, to date only
one (1) State Party, Cameroon, has complied with Article 14(4) of the Kampala
2 The following twenty-four (24) countries are not up to date with their reporting obligations under the Maputo Protocol:
Algeria; Benin; Cape Verde; Cote D’Ivoire; Comoros; Congo; Djibouti; Equatorial Guinea; Ethiopia; Gabon; Ghana; Guinea
Bissau; Guinea; Libya; Liberia; Mali; Mozambique; Mauritius; Sao Tome & Principe; Sierra Leone; Tanzania; Tunisia;
Uganda and Zambia.
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Convention, which requires them to report on the legislative and other measures taken
to give effect to the Convention.3
V.
RESOLUTIONS ADOPTED BY THE COMMISSION
33. The Commission adopted the following Resolutions during the reporting period:
Session
70th
Ordinary
Session
Resolutions adopted
i.
ii.
iii.
iv.
v.
vi.
71st
Ordinary
Session
72nd
Ordinary
Session
73rd
Ordinary
Session
Resolution on the Renewal of the Mandate of the Commission of Inquiry on the
Situation in the Tigray Region of the Federal Democratic Republic of Ethiopia;
Resolution on the Protection of Internally Displaced Person Camps and Sites from
attacks;
Resolution on the Right to Food and Building Resilience in Nutrition across Africa;
Resolution on Unconstitutional Changes of Government in Africa;
Resolution on the Deterioration of the Human Rights Situation in Sudan following
the Coup d’états of 25 October; and
Resolution on the Method of Calculation of Periodic Reporting Deadlines
i.
Resolution on the Renewal of the Mandate and Expansion of the Composition of
the Commission of Inquiry on the Situation in the Tigray Region of the Federal
Democratic Republic of Ethiopia; and
ii.
Resolution on the Need to Conduct a Study on Extrajudicial Killings in Africa.
i.
Resolution on the protection of Women against Digital Violence in Africa;
ii.
Resolution on the renewal of the Mandate of the Working Group on the Rights of
Older Persons and Persons with disabilities in Africa and on the appointment of its
Chairperson and Members;
iii.
Resolution on the adoption of the Rules on the creation and operationalization of
the Early Warning Mechanism and of Reporting to the Commission on situations of
Torture and other cruel, inhuman or degrading punishment or treatment, known as
the Abidjan Rules;
iv.
Resolution on the Renewal of the Commission’s Mandate on the Investigation of
the human rights situation in the Tigray Region in the Federal Democratic Republic
of Ethiopia; and
v.
Resolution on the extension of the Mandate and Composition of the Six Special
Mechanisms of the Commission.
Resolutions on the Renewal of the Mandates/Reconstitution of the Special Mechanisms
1. The Special Rapporteure on Refugees, Asylum Seekers, Internally Displaced
Persons and Migrants in Africa
2. The Special Rapporteur on Human Rights Defenders and Focal Point on Reprisals
in Africa
3. The Special Rapporteure on Prisons, Conditions of Detention and Police Action in
Africa
4. The Special Rapporteure on the Freedom of Expression and Access to Information
in Africa
5. The Special Rapporteure on the Rights of Women in Africa
6. The Working Group on Populations/Indigenous Communities in Africa
7. The Working Group on Economic, Social and Cultural Rights in Africa and the
appointment of its Chairperson and its Members
8. The Working Group on Extractive Industries, the Environment and Human Rights
Violations in Africa
3 The countries that have ratified are as follows: Angola; Benin; Burkina Faso; Burundi; Cameroon; Central African
Republic; Chad; Cote D’Ivoire; Congo; Djibouti; Equatorial Guinea; Gabon; Gambia; Guinea Bissau; Lesotho; Liberia; Mali;
Mozambique; Mauritania; Nigeria; Niger; Rwanda; Sahrawi Arab Republic; Sierra Leone; Somalia; South Sudan; Eswatini;
Togo; Uganda; Zambia and Zimbabwe.
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9. Committee for the protection of persons living with HIV (PVVIH) and persons at
risk, vulnerable and affected by HIV
10. Committee for the Prevention of Torture in Africa and the appointment of its
Members
11. The Consultative Committee on Staff and Budgetary Matters
12. The Committee on Resolutions
13. The Working Group on the Death Penalty, extrajudicial, summary or arbitrary
killings and enforced disappearances in Africa
14. The Working Group on Communications
15. The Working Group on Specific Issues linked to the work of the Commission
16. Resolution on the re-allocation of the Country Rapporteur position among the
Commissioners
Country Resolutions
17. Resolution on the Human Rights situation in Chad
18. Resolution on the Human Rights situation in the Republic of Mali
19. Resolution on the Human Rights situation in the Republic of Sudan
Thematic Resolutions
20. Resolution on the renewal of the mandate of the Support Group to 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
the Freedom of Association and of Assembly in Africa
21. Resolution on the programme of Compensations in Africa and the Human Rights
of the Africans living in the Diaspora and of Persons of African Descent across the
world
22. Resolution on the Adoption of Rules for the creation and operationalization of the
Early Warning Mechanism and of Reporting to the African Commission on Human
and Peoples’ Rights on situations of Torture and other cruel, inhuman or
degrading punishment or treatment (The Abidjan Rules)
23. Resolution on the Principles relative to effective meetings within the framework of
investigations and information gathering (Mendez Principles)
24. Resolution on the Death Penalty and the prohibition of Torture and cruel,
inhuman or degrading punishment or treatment
25. Resolution on the conduct of the Review of the Study on the Death Penalty in
Africa
26. Resolution on Military Transitions in Africa.
VI.
HUMAN RIGHTS COMPLAINTS/COMMUNICATIONS BEFORE THE COMMISSION
Communications
34. As part of its protection mandate, the Commission is specifically tasked by the African
Charter to receive and consider Communications (complaints) submitted to it on
alleged human rights violations.
35. Of the two hundred and twenty (220) Communications pending before the
Commission, the following were considered during the reporting period:
SESSION
70th
Ordinary
Session
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COMMUNICATIONS ADOPTED
Merits decisions adopted -3
1. Communication 298/05 - Roy Bennett (Represented by Zimbabwe Lawyers for Human
Rights) v. The Republic of Zimbabwe;
2. Communication 453/13 – Roseline Emma Rasolovoahangy v. The Republic of
Madagascar; and
Communication 573/15 - Blaise Jean Joseph Migolet (Reprresented by Maître
Christophe Meyer) v. Gabonese Republic.
Decisions adopted on Admissibility - 4
Admissible: 1
1. Communication 726/19 – Gregory Chifire v. Republic of Zambia.
Inadmissible: 3
1. Communication 687/18 - Family of the late Banombi Sylvain (represented by
Observatoire congolais des droits de l'homme and Institute for Human Rights and
Development in Africa) v. Republic of Congo;
2. Communication 692/18 - Jean Ping (represented by Me William Woll) v. Gabonese
Republic; and
3. Communication 729/19 - Bob Rugurika v. Republic of Burundi
Withdrawal:
1. Communication 478/14: The Republic of Djibouti v. The State of Eritrea;
2. Communication 629/16: Khalid Mohamed Al Maghawry Mohamed Zakaria &
Another (Represented by Dalia Lotfy) v. Egypt
Struck off
Working
Group on
Communic
ations
(WGC)
1. Communication 600/16 – Patrick Gabaakanye (represented by Dingake Law
Partners, DITSHWANELO and REPRIEVE) v. Botswana;
2. Communication 621/16 – Fadel El-Mawala Hosny Ahemad (Represented by Justice
and AMAN for Human Rights) v. Egypt;
3. Communication 684/18 – Seth Appiah-Mensah v. Ghana; and
4. Communication 695/18 – Mr. Abadir M. Ibrahim (representing Mr. Zelalem Kibret)
v. Ethiopia
Seizure – 13
Seized (11)
1. Communication 759/21-Egyptians Abroad for Democracy and on behalf of
Individual victims v. Egypt & Ethiopia;
2. Communication 760/21-Incorportaed Trustees of Global Rights v. Nigeria;
3. Communication 771/21- Feu Makosso Daniel et Feu Dembi Alphonse (représentés
par Mangou Léontine) c. la République de l’Angola;
4. Communication 764/21-Eric Noudehouenou Hounge v. Benin
5. Communication 774/21-Phillip Nkosikhona Silemane v. South Africa;
6. Communication 775/21- François Ndayizeye et Fabrice Nahimana (représentés par
Me Lambert Nigarura et Me Patrick Rurahenye) c. la République du Burundi;
7. Communication 776/22- Mustafa Mohammed Ahmed al-Najjar (represented by
ECRF and ICJ ) v. The Arab Republic of Egypt;
8. Communication 777/22-José Marius Mboyo Makpama Kavra v. RCA
9. Communic Communication 780/22-Chapter One Foundation Limited and Young
Women in action v. Zambia; and
10. Communication 779/22-Jacob Gedleyihlekisa Zuma v. South Africa.
Seized with request for provisional measures (1)
1. Communication 765/21-Barankitse Marguerite and 11 other exiled Human Rights
Defenders v. Republic of Burundi.
Not seized – (2)
1. Communication 761/21-Muzikayise Percy Simelane v The Kingdom of Eswatini; and
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2. Communication 773/21- Alex Joshua K. Njeru and Nancy Nyawira Njagi v. Republic
of Kenya.
Decisions adopted on Merits (1)
1. Communication 470/14 – Ibrahim Almaz Deng & 6 Others (Represented by the
Institute for Human Rights and Development in Africa) v. Republic of the Sudan.
Admissibility decisions adopted (2)
Working
Group on
Communic
ations
(WGC)
72nd
Ordinary
Session
Admissible:
1. Communication 733/19 - Cyrille Ndayirukiye (représenté par Maître Armel
Niyongere et Maître Bernard Maingain) c. République du Burundi;
Seizure: (6)
1. Communication 769/21 – Bernard Busokoza v. Republic of Burundi;
2. Communication 783/22 – Johannes Moko (represented by Mr. Shadrack Tebeile) v.
Republic of South Africa;
3. Communication 784/22 – Mashilo Sako (represented by Mr. Shadrack Tebeile) v.
Republic of South Africa;
4. Communication 785/22 – Selemabothokbo Madeline Rachid (represented by Mr.
Shadrack Tebeile) v. Republic of South Africa;
5. Communication 786/22 – Maselina Mathabela (represented by Mr. Shadrack
Tebeile) v Republic of South Africa; and
6. Communication 787/22 – Onai Muzore & Junior Munyaka on behalf of Precious
Muzore (represented by Mr. Shadrack Tebeile) v. Republic of South Africa.
Decisions adopted on Merits (5)
1. Communication 461/13 - Eskinder Nega Fenta and ReyootAlemu (Represented by
Media Legal Defence Initiative and Freedom Now) v. The Federal Democratic
Republic of Ethiopia
2. Communication 419/12 – The Indigenous Peoples of the Lower Omo (Represented
by Survival International Trust) v. The Federal Democratic Republic of Ethiopia
3. Communication 443/13 – Safia Ishaq Mohammed Issa (Represented by the
REDRESS Trust) v. The Republic of Sudan
4. Communication 454/13 – NdeNingo v. The Republic of Cameroon
5. Communication 473/14 – The Family of the Late Jackson Ndikuriyo v. The Republic
of Burundi
Decisions adopted on Admissibility: (6)
Admissible:
1. Communication 702/18 - Ahmed Abdallah Mohamed Sambic v. Comoros Islands
2. Communication 734/19 – J (Represented by the Initiative for Strategic Litigation in
Africa (ISLA) & Kenya Legal and Ethical Issues Network on HIV & AIDS (KELIN)) v.
Namibia
3. Communication 730/19 – The Malian Group for Fraternity and Progress v. The
Republic of Mali
4. Communication 624/16 - American & British Christ International School Nigeria v.
Federal Republic of Nigeria
5. Communication 725/19 – Hassane Ahmed El Barwane and 14 Others v. Comoros
Islands
Inadmissible :
1. Communication 650/17 - KumBezeng and 75 Others (Represented by Professor
Carlson Anyangwe) v. The Republic of Cameroon
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Decisions adopted on Merits (9)
1. Communication 511/15 - Dr. Amin MekkiMedani and Mr. Farouq Abu Eissa v.
Republic of Sudan
2. Communication 626/16 - Philip Forsang Ndikum (represented by Ndikum Law
Offices) v. Republic of Cameroon
3. Communication 377/09 - Menduzaki Patricia Monakali and others v. South Africa
4. Communication 636/16 - IHRDA and Others v. Republic of Burundi
Decisions adopted on Admissibiilty: (8)
Recevable
5. Communication 733/19 - Ndayirukiye Cyrille (represented by Bernard Maingain and
Armel Nyongere) v. Republic of Burundi
6. Communication 763/21- William Sipai and 13 Others representatives of the
Keekonyokie Clan of the Maasai People of Kitet (represented by Dr. Duncan Ojwang)
v. Republic of Kenya
Struck-off
7. Communication 677/17 - Dr Merara Gudina (represented by CAHDE) v. Federal
Democratic Republic of Ethiopia
8. Communication 417/2021 - Association pour les droits de l'homme et l'univers
carcéral (ADHUC) v. Republic of Congo
9. Communication 706/18 - MUZITO FUMUTSHI Adolphe v. Democratic Republic of
Congo
10. Communication 735/19 - Residents of Mau Forest Complex (represented by the
Centre for Comparative and International Law and the Institute for Human Rights
and Development in Africa) v. Republic of Kenya
11. Communication 727/19 - Femi Flana v. Cameroon
12. Communication 752/21 - Council for Somali Minority Rights v. Somalia
13. Communication 724/19 - Seida Bachir v. Sudan
14. Communication 766/21 - Alex Nain Saab Moran v. Cabo Verde
15. Communication 418/12 - Chief Essien Akpabio & Lady Apostole Helen Akpabio
(represented by lawyer Victor Ukutt v. Republic of Nigeria)
36. The above tables show that during the period under review, the Commission admitted
eighteen (18) Communications, declared two (2) inadmissible, made a ruling on one
(1) request for precautionary measure, declared nine (9) admissible and seven (7)
inadmissible, struck-off thirteen (13) and withdrew two (2) communications from its
roll. The Commission also took twelve (12) decisions on merits.
37. A table showing the geographical and country distribution of all pending
Communications is attached to this Activity Report.4
VII.
APPLICATIONS FOR OBSERVER AND AFFILIATE STATUS
38. In accordance with ACHPR/Res.361 (LIX) 2016: Resolution 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 71st and 73rd Ordinary
Sessions, granted Observer Status to the following six (6) NGOs:
i. International Federation of Women Jurists – FIDA;
ii. Studies in Poverty and Inequality Institute – SPII; and
iii. Cape Verdian Coalition on Child Rights – CCDC.
4 Annex II.
12 | P a g e
iv.
v.
vi.
Collaboration on the Intenational Policies of TIC for East and Southern Africa
(CIPESA);
Protection International Africa (PIA);
Rule of Law and Empowerment - Partners West Africa Nigeria (PAWN).
This brings the overall number of NGOs with Observer Status to five hundred and forty-four
(544) at the end of the reporting period.
39. During its private session, the Commission also examined and rejected the requests
for observer status of three (03) NGOs: Alternative Cote d'Ivoire; Human Rights First
Rwanda and Synergía - Initiatives for Human Right, on the grounds that sexual
orientation is contrary to African ethical values.
40. In accordance with Resolution ACHPR/Res.370 (LX) 2017 on the Granting of Affiliate
Status to NHRIs and Specialised Human Rights Institutions in Africa, the Commission
has granted thirty-three (33) Affiliate Statuses to NHRIs and specialised institutions.
During its 73rd Ordinary Session, the Commission granted Affiliate Status to three (3)
NHRI, namely:
i. The National Human Rights Council of the Arab Republic of Egypt;
ii. The National Independent Human Rights Commission of Liberia;
iii. The National Independent Human Rights Commission of Madagascar.
VIII.
IMPLEMENTATION OF THE COMMISSION’S DECISIONS, REQUESTS FOR
PROVISIONAL MEASURES, CONCLUDING OBSERVATIONS AND LETTERS OF
URGENT APPEAL
41. The level of compliance by State Parties with the Commission’s Decisions, Requests
for Provisional Measures and Letters of Urgent Appeal is still low, as evidenced by the
following information:
Implementation of Decisions on Communications
42. During the reporting period, the Commission received information from two (2) State
Party, regarding the implementation of its final decisions on Communications, in
accordance with Rule 125 of its Rules of Procedure of 2020- i.e Communication
290/04 – Open Society Justice Initiative (au nom de puis Njawe Noumeni) v.
Cameroon, wherein the State informed the Commission that the Government has
contacted the Complainant and his lawyer to discuss and agree on the implementation
of recommendations adopted by the Commission.
43. The Commission received information on a report on the status of implementation of
the decision of the Commission in Communication 276/03: Centre for Minority Rights
Development (Kenya) and Minority Rights Group (on behalf of Endorois Welfare
Council) v. Kenya, which was compiled by partner institutions –The Centre for Minority
Rights Development, Endorois Welfare Council, Minority Rights Group International
and WITNESS.
44. The report indicates that while certain aspects of the Commission’s decision have been
realized – with only one recommendation fully implemented and two others partially
implemented, the Kenyan government has not fully complied with the
recommendations The report also demonstrates that the non-implementation of the
recommendations of the Endorois Decision has negatively impacted the community’s
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livelihoods, consigning many of its members to severe poverty, illiteracy, poor health
and a life of destitution.
Implementation of requests for Provisional Measures
45. The Commission also received a response from the State of Ethiopia regarding the
provisional measures ordered in Communication 782/22 - Legal Action Worldwide,
Pan African Lawyers Union (PALU) and Debevoise & Plimpton LLP v. Federal
Democratic Republic of Ethiopia, objecting to the Commission's decision to be seized
of the complaint and to order provisional measures on the grounds that the said
complaint had not respected the exhaustion of local remedies and that there was an
ambiguity in the Commission's request which did not provide the State with sufficient
evidence and facts regarding the violations, before issuing an order for provisional
measures and outlined certain measures already taken by the Ethiopian government
to deal with the crisis.
Implementation of concluding observations
46. During the period under review, the Republics of Kenya, Côte d’ivoire and the Islamic
Republic of Mauritania submitted, as paert of their Periodic Reports process, the status
of implementation of the Concluding Observations made by the Commission in their
previous Reports and the challenges encountered.
Implementation of Letters of Concern and Urgent Appeal
47. During the reporting period, twenty-three (23) Letters of Concern and Urgent Appeal
were sent to State Parties, regarding various allegations of human rights violations.
State
Republic of Liberia
Date of Letter
Issue warranting Urgent Appeal
Letter
24 December Joint Urgent Appeal Letter
regarding allegations of a series of
2021
ritual murders in Liberia.
Republic of Cameroon
20
January Urgent Appeal Letter regarding the
arbitrary detention of Ms. Corlett
2022
Letlojane,
Human
Rights
Defender, at Douala Airport,
refusal to access the country and
was subject to inhuman and
degrading treatment (no food and
water during her detention)
United Republic of 22 February Joint Urgent Appeal Letter
regarding the impending evictions
Tanzania
2022
of the Maasai Indigenous people
from a 1,500 km2 area in their
ancestral land located in the
Loliondo Division of Ngorongoro
District, Arusha Region, and east of
the Serengeti National Park
Republic of Mali
08
March Urgent Appeal Letter regarding
allegations of the abduction of
2022
Mamadou Nialibouly, Oliver Dubois
and Moussa M’Bana Dicko,
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State Party
Response
Response yet to be
received
Response yet to be
received
Response yet to be
received
Response yet to be
received
Democratic Republic of 25 April 2022
Congo
Democratic
and 10 May 2022
Peoples’ Republic of
Algeria
journalist working in the Republic
of Mali
Urgent
Appeal
Letter
to
Democratic Republic of Congo,
regarding the arbitrary arrest and
detention of two HRD, members of
the LUCHA Movement
Joint Urgent Appeal Letter to the
Algerian Democratic and Peoples’
Republic on the allegations of
violations of the rights of Mr.
Merzoug Touati, blogger, judged
guilty, sentenced to a fine and one
year in jail, who had been on
hunger strike and who had been
refused health care resulting in an
impact on his health.
Response yet to be
received
The State replied
twice, on 8 June and
9 August 2022,
informing that the
guarantees relating
to a fair trial had
been observed in
the case of Merzoug
Touati and that the
facts of which he
was accused did not
relate to journalistic
activity, but rather
to defamation, the
dissemination
of
erroneous
information
and
incitement to a
gathering
to
undermine public
order.
Federal
Democratic 02 June 2022 Joint Urgent Appeal Letter to the Response yet to be
Republic of Ethiopia
Federal Democratic Republic of received
Ethiopia concerning the arrest by
the Security Forces and Local
Police of Journalists and Media
Professionals working for Nisir
International Corporation and
Ashara, two Youtube Channels of
the Amhara Region, in Northern
Ethiopia.
Republic of Mali
24 June 2022 Urgent Appeal Letter to the Response yet to be
Republic of Mali, concerning the received
Jihadist attacks against the
villages of Diallassagou, Dianweli,
Deguessagou and the environs,
within the Bankass Circle, in the
Centre of Mali, which gave rise to
numerous victims.
Federal Republic of 24
June Urgent Appeal Letter from the Response yet to be
Nigeria
2022,
Chairperson of the Working Group received
on the Death Penalty, extrajudicial,
summary or arbitrary killings and
enforced disappearances in Africa
to the Federal Republic of Nigeria,
in relation to the attack against the
St. Francis Xavier Catholic Church,
in Owo, in the East of Ondo (SouthWest), which gave rise to deaths
and injured persons.
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Republic of Niger
15 July 2022
Urgent Appeal Letter to the
Republic of Niger on the detention
of Rwandan citizens, beneficiaries
of the Relocation Agreement
signed between the Government of
the Republic of Niger and the
United Nations on 15 November
2021 under the Relocation
programme
currently
under
expulsion order for « diplomatic
reasons ».
Republic of Senegal
29 July 2022 Urgent Appeal Letter to the
Republic of Senegal, concerning
the
situation
of
Mr.
ToufanFeyziNizamoglu,
Turkish
Refugee in Senegal threatened
with expulsion.
Democratic
and 26
August Letter of appeal to the Democratic
Peoples’ Republic of 2022
and Peoples’ Republic of Algeria
Algeria
pertaining to the situation caused
by bush fires in the month of
August in the North East of the
country.
Response yet to be
received
Response yet to be
received
The
State
responded on 3rd
October
2022
indicating the major
causes of recurrent
bush fires in the
North East of the
country
and
outlined
the
measures taken to
deal with them as
well
as
the
precautions taken
for taking care of
and protecting the
rights
of
the
persons affected.
Republic
of
of 28
August Urgent Appeal Letter to the Response yet to be
Mozambique,
2022
Republic
of
Mozambique received
concerning the death threats
against Prof. Adriano Nuvuga,
Human Rights Defender, for his
regular
criticism
of
the
Government and the FRELIMO
Party.
Federal Republic of 5 September Joint Urgent Appeal Letter to the Response yet to be
Somalia
2022
Federal Republic of Somalia received
concerning an attack against Mr.
Ahmed Omar Nur, Journalist
working in Somalia, victim of an
attack by two members of the
security forces and who are said to
have fired on him at close range
causing him serious injury the
mouth on 21 August 2022.
Arab Republic of Egypt
20
Joint Letter to the Arab Republic of Response yet to be
September
Egypt in response to Reports of received
2022
intimidation
and
obstruction
against the members of the OSC,
militants and local groups working
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State of Libya
22
September
2022
Republic of Mali
27
September
2022
Republic of Equatorial 12
October
Guinea
2022
Republic of Cameroon
14
October
2022
Republic of Zambia
14
October
2022
Kingdom of Eswatini
18
October
2022
Democratic Republic of 18
October
Congo
2022
17 | P a g e
on issues linked to climate change
and the environment.
Urgent Appeal Letter to the State of
Libya concerning the arrest of
Refugees, Asylum Seekers and
Somalian and Ethiopian Migrants
in a Farm in Tazerbou, Al-Kufra,
and their transfer to the Al-Kufra
detention Centre.
Joint Urgent Appeal Letter to the
Republic of Mali on the Reports
pertaining to the launching of an
air raid by the Malian Army on 7
September 2022 in Talataye which
caused the death of 45 civilians;
and on the case of the 49 Ivorian
soldiers
accused
of
being
mercenaries then arrested and
detained at the International
Airport of Bamako, in Mali, on 10
July 2022.
Letter of concern to the Republic
of Equatorial Guinea regarding the
alleged enforced disappearance,
arbitrary detention, torture and illtreatment of Dr Ruben Maye Nsue
Mangue
Urgent appeal letter to the
Republic of Cameroon regarding
the arbitrary detention, torture and
ill-treatment
of
Dorgolesse
NGUESSAN, arrested on 22
September 2020 during a
demonstration organized by the
MRC opposition party.
Joint Urgent Appeal Letter to the
Republic of Zambia pertaining to
the allegations of discrimination
against the LGBTIQ populations in
the Zambian Health Facilities
Urgent Appeal Letter to the
Kingdom of Eswatini concerning
the public attacks against LGBTIQ+
persons in Mbabane, in Eswatini
Urgent Appeal Letter to the
Democratic Republic of Congo
concerning the Threats and
attempts to intimidate the Human
Rights Defender Mr. Justin ZAIKO
RWENGEZA in the South-Kivu
Province in DRC
Response yet to be
received
Response yet to be
received
Response yet to be
received
Response yet to be
received
Response yet to be
received
Response yet to be
received
Response yet to be
received
Federal Republic
Somalia
IX.
of 18
Octobre Urgent Appeal Letter to the Federal Response yet to be
2022
Republic of Somalia on the alleged received
arrest and arbitrary detention of
Journalist and Human Rights
Defender Mr. Abdalle Ahmed
Mumin in the Federal Republic of
Somalia.
LETTERS OF APPRECIATION/CONGRATULATIONS
48. During the reporting period, twelve (12) letters of appreciation were sent to Heads of
State and Government as follows
State
United Republic
Tanzania
Date of
Letter
of 25
November
2021
Democratic Republic of 26
the Congo (DRC)
November
2021
Issue warranting Letter of Appreciation
Letter of appreciation to the President of the United Republic
of Tanzania welcoming the rescission by the Government of
Tanzania, of the decision that it had adopted in 2017 which
banned pregnant girls and teenage mothers from attending
school on account of their status of pregnancy and
motherhood.
Letter of appreciation to the President of the Democratic
Republic of the Congo (DRC), regarding the DRC’s initiative
to suspend the issuance and trading of mining permits and
to audit the country’s mining registry, as a measure of
combating fraud within the country’s mining sector.
Republic of Kenya
28
December
2021
Republic of Benin
28 February Message to the President of the Republic of Benin,
congratulating the State for submitting its 6th to 10th
2022
combined Periodic Report (2009 – 2018) at the 69th
Ordinary Session of the Commission held from 15 November
to 5 December 2021, in line with the requirements of Article
62 of the African Charter on Human and Peoples’ Rights (the
Charter).
19
April Message of congratulations to the President of the Republic
2022
of Senegal for the enactment by the National Assembly of the
Draft Law on the Status of Refugees and Stateless Persons
on 5 April 2022.
Republic of Senegal
Federal
Democratic 23
Republic of Ethiopia
2022
Central African Republic
Congratulatory message to the President of the Republic of
Kenya on the signing of the Refugee Act on 17 November
2021.
avril Letter of appreciation to the Ethiopian Prime Minister for
having carried out the repatriation of more than 7000
Ethiopian citizens living under difficult conditions in Saudi
Arabia.
31 May 2022 Letter of congratulations from the Country Rapporteur to the
President of the Central African Republic following the
promulgation of a law by the National Assembly abolishing
the Death Penalty.
Sahrawi
Arab 2 June 2022
A. Letter of congratulations for the ratification of the Maputo
Democratic Republic
Protocol.
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Republic of Cameroon
8 September Letter of congratulations for complying with its obligations to
2022
submit periodic reports on the implementation of the three
(03) human rights instruments, namely the African Charter,
the Maputo Protocol and the Kampala Convention.
Republic of Côte d'Ivoire 26
B. Joint Letter of congratulations for improving health care for
September
Women.
2022
Republic of Senegal
26
C. Joint Letter of congratulations for the progress registered in
September
gender equality in Senegal.
2022
Republic of Equatorial 11
D. Letter of congratulations following the abolition of the Death
Guinea
October2022 Penalty in the new Criminal Code of 19 September 2022.
X.
STATEMENTS AND PRESS RELEASES
49. During the reporting period, the Commission issued twenty-two (22) Press Releases
relating to various human rights issues. These Press Releases are available on the
website of the Commission: www.achpr.org.5
XI.
PROMOTION AND FACT-FINDING MISSIONS
50. The Commission undertook a promotion mission to the Republic of Togo from 3 to 6
October 2022, but no Fact-finding Missions during the reporting period.
Fact-finding Mission to the Tigray Region of the Federal Democratic Republic of Ethiopia
51. During the reporting period, the Commission adopted three (3) Resolutions on the
Renewal of the Mandate of the Commission of Inquiry on the Situation in the Tigray
Region of the Federal Democratic Republic of Ethiopia (Commission of Inquiry), to
enable the Commission of Inquiry to finalise its work and draft its investigation report
for submission to the AU Policy Organs.
XII.
THE HUMAN RIGHTS SITUATION ON THE CONTINENT
52. This section is introduced in the Activity Report pursuant to Executive Council Decision
EX.CL/Dec.639 (XVIII) calling upon the Commission to brief the Policy Organs on the
human rights situation on the continent. The practice of the Commission is to draw the
content of this section from the interactions of the Commission with State Parties,
NHRIs with Affiliate Status and NGOs with Observer Status with the Commission during
Ordinary Sessions of the Commission, supplemented by information collected as part
of its monitoring of the human rights situation in the various State Parties during the
intersession period.
a) Positive developments
53. The Commission notes with appreciation the following major positive human rights
developments observed during the reporting period:
Elections
5 Annex IV
19 | P a g e
i.
Holding of peaceful presidential and parliamentary elections in the following
countries: Algeria, Angola, Djibouti, The Gambia, Equatorial Guinea, Kenya,
Lesotho, Congo, Sao Tome and Principe, Senegal and Somalia.
Death Penalty
i.
Adoption by the National Assembly of a law of 27 June 2022 abolishing the
death penalty in the Central African Republic;
ii.
Abolition of the Death Penalty in the new Criminal Code of 19 September
2022 in Equatorial Guinea;
Legislative:
i.
Adoption of the Protocol to the African Charter on Human and Peoples' Rights
on the Rights of Citizens to Social Protection and Social Security by the African
Union
ii. Adoption of a bill that recognizes the customary rights of its indigenous
populations, in particular the Batwa (also called Pygmies) community, by the
Parliament of the Democratic Republic of Congo
iii. Initiative by the Democratic Republic of Congo to suspend the issuance and
trading of mining permits and to audit the national mining registry, as a measure
to combat fraud in the country's mining sector
iv. Ratification by Cameroon of the Protocol to the African Charter on Human and
Peoples' Rights on the Rights of Persons with Disabilities in Africa and the
Protocol to the African Charter on Human and Peoples' Rights on the Rights of
Older Persons in Africa on 28 December 2021
v. Adoption of the bill on the status of refugees and stateless persons on 5 April
2022, by the National Assembly of Senegal;
vi. The Government of Southern Sudan launches public consultations for the
establishment of a Truth, Reconciliation and Healing Commission, as envisaged
in Chapter 5 of the Revitalized Agreement on the Resolution of the Conflict in
Southern Sudan (RARCSS) (Southern Sudan);
vii. Ongoing review of South African laws relating to the use of force by security
personnel (South Africa);
viii. Passage of the Peace and Unity Bill, the Lands (Amendment) Bill, the Survey
(Amendment) Bill, the Town and Country Planning (Amendment) Bill, the
Registered Lands (Amendment) Bill, the Land Acquisition and Compensation
(Amendment) Bill, and the Customary Lands (Amendment) Bill (Malawi);
ix. The National Assembly passed a law on 15 June 2022 establishing the rights
and duties of human rights defenders in Niger;
x. Adoption of the amendment to the Angolan Constitution to allow for the
registration and voting of Angolans abroad (Angola),
xi. Enactment of the Climate Change Act (2021) and passage of the National
Human Rights Commission Bill (Postponed and Enacted) (2022), in Nigeria;
xii. Enactment of the Children's Courts Act and the Sex Offenders Registry Act in
Mauritius to strengthen efforts and commitment to the improvement and
respect of human rights, including children's rights, in the juvenile justice
system (Mauritius);
xiii. The adoption of Tunisia's new constitution by referendum in July 2022 (Tunisia);
xiv. Installation of several constitutional bodies, namely the national observatory of
civil society (December 2021), the first Constitutional Court (December 2021)
which replaced the former Constitutional Council, the Superior Council of Youth
20 | P a g e
(June 2022), the High Authority of Transparency, Prevention and Fight against
Corruption (July 2022), and the authority of personal data protection (2022)
(Algeria).
Justice
i. ECOWAS Court decision in Adama Vandi v. Sierra Leone E
CW/CCJ/APP/52/21, the ECOWAS Court awarded damages in the amount of
US$10,000 to the applicant who had been raped by a paramount chief of her
community (ECOWAS);
ii. The Tanzanian government's reversal of its 2017 decision banning pregnant girls
and teenage mothers from attending school because of their pregnancy and
maternity status (Tanzania);
iii. Progressive decision on 29 March 2022, by the High Court of Botswana awarding
damages in GMJ v. Attorney General against the state for negligence in the
provision of reproductive health services (Botswana);
iv.
Finalization and submission to the President of The Gambia of the Report of the
Truth, Reconciliation and Reparations Commission (TRRC) on the conclusion of a
three-year public inquiry into the killing of an estimated 240-250 people, torture,
and other abuses perpetrated during former President Yahya Jammeh's 22 years
in power, and recommendation that those responsible be prosecuted (Gambia);
v. Decision of the Administrative Court of Tunis dated August 9, 2022, which ruled in
favor of 47 magistrates dismissed in June 2022 by a decision of the President of
the Republic (Tunisia).
Prison
i.
ii.
iii.
Increased compliance with human rights standards in Uganda's prisons;
Measures taken regarding juvenile justice, including training of police officers to
handle juvenile justice cases in Mauritius;
Existence and operationalization of an Integrated Management System for Prisons
(SIGEP) in Benin.
Freedom of Association and Expression
i.
ii.
iii.
Restoration of civic space by lifting the ban on the social platform twitter in Nigeria;
Reinstatement of four banned newspapers in February 2022 in Tanzania and
initiative to amend the Media Services Act 2016, online content regulations, and
radio and television regulations to improve the state of freedom of expression in
the country;(Tanzania);
Legalization of the Initiative for the Resurgence of the Anti-Slavery Struggle (IRA),
Mauritania's leading anti-slavery NGO, in early January 2022 by Mauritanian
authorities after years of banishment by successive regimes (Mauritania).
Women's Rights
i. Ratification of the Maputo Protocol by the Sahrawi Arab Democratic Republic;
ii. Adoption by Parliament of the Harmonization of Rights of Customary Widows
with the Legal Capacity of Married Persons Act, 2022 in Lesotho;
iii. Advancement of gender parity after legislative elections in Senegal;
iv.
Adoption of a law on political parity that provides for a minimum of 40% of seats
in elected bodies to be reserved for women in Sao Tome and Principe
v. Launch of the "What African Women Want" campaign to rally for more action on
women's empowerment during the 2022 International Women's Day
commemorations;
21 | P a g e
vi.
Signing of three (3) progressive laws on violence against women - the Criminal
Law (Sexual Offences and Related Matters) Amendment Act, the Criminal Law
and Related Matters Amendment Act and the Domestic Violence Amendment
Act by South Africa;
Promulgation of a new law on the elimination of all forms of violence against
women, prohibiting discrimination in the economy and promoting better access
to employment in Gabon;
Appointment of a woman as a new member of Cabinet by the President of
Malawi, in accordance with the Gender Equality Act under which 43% of
ministers and deputy ministers are women (Malawi);
vii.
viii.
Refugees, migrants and internally displaced persons
i.
ii.
iii.
iv.
v.
Promulgation of an amendment to the Aliens and Nationality Law, removing
discriminatory provisions against women that prevented children from acquiring
the nationality of their mothers in Liberia;
Repatriation of over 7,000 Ethiopian nationals living in difficult conditions in Saudi
Arabia by the Federal Republic of Ethiopia;
The United Nations Human Rights Committee has given Mauritius a "two A" grade
for the implementation of its recommendations on the treatment of asylum
seekers, refugees and stateless persons residing on its territory;
Established a policy of refugee inclusion through the provision of life-saving
assistance to thousands of people evacuated from Libya and the establishment of
an emergency transit and reception mechanism for migrants awaiting return to
their countries of origin (Niger);
Decision by the Borno State government to relocate IDPs to safer areas following
the government's decision to close camps housing more than 200,000 people
displaced by the conflict with the armed group Boko Haram and invite them to
return to safer areas (Nigeria).
Peace and security
i.
ii.
iii.
iv.
Announcement of a humanitarian cease-fire by the Ethiopian government on 25
March 2022 and subsequent declaration by the Tigray authorities committing to its
implementation (Federal Democratic Republic of Ethiopia);
Establishment of an inter-ministerial working group on 29 November 2021, to
"oversee reparations and accountability measures in response to human rights
violations committed in the context of the conflict in northern Ethiopia," including
violations and abuses committed in the Afar and Amhara regions; and the
establishment of a National Dialogue Commission on 29 December 2021, for
consensus-building, conflict resolution, and reconciliation in the Federal
Democratic Republic of Ethiopia;
Establishment and operation of the Peace and Unity Commission and a national
structure for conflict prevention, management and resolution in Malawi;
Positive developments in the dialogue among Libyans and a decrease in the
number of displaced persons in Libya between the end of 2021 and 5 March 2022.
Education
i.
Signing of agreements between the Government and fifteen (15) universities, for
the teaching of human rights in universities in Angola;
Health
22 | P a g e
i.
ii.
iii.
A 43% reduction in new HIV infections on the continent with a decrease of almost
half of AIDS-related deaths; a notable increase in testing with 87% of PLWHA
knowing their status, and 77% of identified patients on treatment, 68% of whom
have a low viral load;
Creation of hemodialysis centers and field hospitals for the treatment of COVID-19
and inauguration of the Center specialized in the treatment of endemics and
pandemics in Angola;
Improvement of the health sector, including the construction of health centers in
each district to ensure accessibility to health facilities in Tanzania.
Human Rights Situation in the context of the COVID-19 pandemic
ii.
iii.
iv.
v.
Improved status of the Covid-19 pandemic on the continent, resulting in the easing
and/or lifting of Covid restrictions;
Significant increase in the supplies of Covid-19 vaccines to Africa;
Setting up isolation centres by the Uganda Prisons Service where new inmates
would be quarantined for 14 days before joining other inmates in prisons; and
Adoption of Video conferencing by the Courts in Uganda, to ensure continued
access to justice for prisoners in spite of COVID-19 restrictions.
b) Areas of Concern
54. However, the Commission remains concerned about the following adverse human
rights issues observed during the reporting period:
Unconstitutional changes of government
i.
Largest number of military coups in Africa in over a decade in less than a year
between April 2021 and February 2022.
Participation in the public affairs of his country
i.
ii.
Low level of women's representation in parliaments and decision-making bodies in
most African countries;
Dissolution of the Tunisian Parliament by the President on 30 March 2022 and
dissolution of the Superior Council of the Magistracy (CSM) and its replacement by
another provisional CSM established by decree-law (Tunisia).
Right to life
i.
ii.
iii.
iv.
Murder of at least ten (10) persons in December 2021, in connection with alleged
ritual practices and political motivations; in Liberia;
Killing of at least 62 internally displaced persons and 38 injured during an attack
on 1 February 2022 by the armed group Cooperative for the Development of Congo
(CODECO) in the eastern Democratic Republic of Congo;
13 people were killed and more than 80 injured in Abeche, Chad, by security forces
on 24-25 January 2022;(Chad);
Ongoing attacks on civilians by militant groups in the Central African Republic,
including the ongoing UN investigation of 30 civilian deaths orchestrated in the
town of Bria in January 2022; (Central African Republic).
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Death Penalty
i.
Persistence of the death penalty in some countries; only 16 African countries that
have ratified the Second Optional Protocol to the ICCPR aimed at the abolition of
the death penalty;
Legislative
i.
ii.
iii.
iv.
v.
Non-ratification of numerous international and regional treaty instruments;
Low level of implementation of the Maputo Protocol and non-submission or late
submission of periodic reports under the Maputo Protocol and the Kampala
Convention;
Lack of legislation to regulate online violence against women in many African
countries;
Lack of harmonization and implementation of regional and international human
rights instruments at the national level in many states;
Emergency legislation passed after the Tigray People's Liberation Front (TPLF) took
control of the Amhara region, giving authorities the power to arrest and detain any
individual for up to six months without a warrant, based on reasonable suspicion of
cooperation with terrorist groups; in the Federal Democratic Republic of Ethiopia.
Prisons and Use of Force
i.
ii.
iii.
iv.
Persistence of police brutality excessive use of force and the resulting culture of
impunity within the police force in many countries, particularly in Kenya
Illegal practices by law enforcement and security officials, including arbitrary
arrests, excessive use of force, torture, cruel and inhumane treatment, and the
state of detention facilities in Nigeria;
The challenge of prison overcrowding and the lack of disaggregated data on prison
overcrowding in most states and the dilapidated state of prisons, most of which are
over half a century old
Lack of budget for the construction of prisons and that they are self-sustaining
Freedom of association and expression
i.
ii.
iii.
Restriction of civic space, criminalization of bloggers, and restrictions on Internet
access in some countries continue to impede the independence and freedom of
journalists and interest groups;
Arbitrary detention of human rights activists by state and non-state actors in several
countries;
The failure of many countries to adopt protective legislation for human rights
defenders.
Women's Rights
i.
ii.
iii.
The decision that effectively forces women to remain in inappropriate and
potentially abusive relationships by penalizing them for rejecting a marriage
proposal in Chad;
The intensification of violence against women in the private sphere resulting in 37
cases of femicide recorded since the beginning of 2022 in Algeria;
Persistence of violence against women and girls in the private and public sphere,
including rape and other forms of sexual violence in many countries,
24 | P a g e
iv.
v.
Rape and other sexual violence against women during conflicts in Africa and the
impunity enjoyed by the perpetrators which contributes to the repetition of these
crimes;
Persistence of harmful traditional practices such as forced and early marriages,
humiliation, harassment, female genital mutilation, inhuman and degrading
treatment of women and girls in several countries.
Refugees, migrants and internally displaced persons
i.
ii.
iii.
iv.
v.
vi.
vii.
viii.
Deterioration of the state of migration in Africa, leading to the disappearance of
thousands of young people at sea and also during their migratory journey in subSaharan Africa; their detention in camps in Africa and Europe, where they are
victims of several traffics including that of organs, slavery practices and human
trafficking;
Use of excessive and disproportionate force by Moroccan police against hundreds
of migrants who tried to enter the Spanish enclave of Melilla, resulting in the death
of more than twenty migrants in Morocco;
Persistent xenophobic attacks and an increase in extrajudicial killings of
undocumented foreigners since the beginning of 2022 by vigilante groups such as
Operation Dudula, a group that popularizes anti-immigration campaigns in South
Africa;
Forced displacement in the Kivu region due to the actions of armed groups.
Displaced populations who find themselves without humanitarian assistance and
in insecurity, with the DRC having the highest rate of displaced people in the world,
including between 2,500 and 3,000 who have taken refuge in Uganda (Democratic
Republic of Congo);
Approximately 4.51 million internally displaced persons (IDPs) in Ethiopia as of
February 2022 and continued use of excessive force resulting in injury, loss of life
and property, due to the crisis in the Tigray region of Ethiopia;
Large population displacements due to insecurity created by inter-communal
violence, clashes, and attacks by armed groups against civilians in Mali and
Burkina Faso.
Deterioration of the socio-economic situation of refugees in many camps with the
reduction of aid and food assistance and for urban refugees the absence of
enjoyment of socio-economic rights as provided for by international conventions
There are more than 30,000 displaced children in the province of Cabo Delgado in
Mozambique.
Rights of Indigenous Peoples/Communities and Minorities in Africa
i.
ii.
Forced evictions from their lands of the indigenous Maasai community in the
Ngorongoro District following the implementation of a government decision to
establish a nature conservation park in the area (Tanzania);
Slow response to calls to effectively investigate acts of rape, murder, and
destruction of property committed by authorities in the Kahuzi-Biega National Park
(KBNP) against the Batwa indigenous community in the eastern Democratic
Republic of Congo.
Social and Economic Rights
i.
The food crisis, which resulted in numerous cases of malnutrition
25 | P a g e
ii.
iii.
iv.
Soaring food and fuel prices in Africa, which cause great vulnerability among the
population and jeopardize the effective enjoyment of their economic and social
rights;
The increase in gender-based discrimination in employment, the low level of wages
that do not allow families to live decently and the absence of social protection and
social security systems in most African countries;
The absence of social housing programmes in many countries.
Health
i.
ii.
iii.
iv.
Vulnerability of the continent's women and girls to the HIV epidemic, particularly
their ability to access health services; as well as the gap in testing of HIV-exposed
infants and children, with over two-fifths of children living with HIV undiagnosed;
Insufficient financial resources allocated to the health sector, lack of adequate
health infrastructure and inaccessibility of health facilities in some regions of
Benin;
The resurgence of the cholera pandemic in Cameroon;
The Ebola epidemic in Uganda and the Democratic Republic of Congo.
Extractive Industries
i.
Lack of a legislative and regulatory framework for the protection of human rights in
the extractive industries sector, leading to an increase in human rights abuses,
including forced child labor and the plundering of the continent's resources by
multinational companies.
Peace and Security
i. Protracted armed conflicts and civil unrest in Africa, including political, economic,
and social instabilities in the Central African Republic, Cameroon, Democratic
Republic of Congo, Ethiopia, Libya, Mozambique, Sudan, South Sudan, Somalia,
and the Sahel region;
ii. Jihadist attack on the Mondor military base in the Mopti region, near the border
with Burkina Faso, killing 27, wounding 33, and leaving 7 missing; (Mali)
iii. Continued attacks and killings by armed military groups in the Soum, Namentenga,
and Oudalan provinces of Burkina Faso;
iv.
Incidents of violence against children, such as sexual violence and child trafficking,
particularly in Zanzibar and mainland Tanzania; (Tanzania);
v. Intensification of insurgent, terrorist, and group attacks, exacerbated by the
recurrence of kidnapping, armed banditry, and other separatist mass atrocities in
Nigeria;
vi.
Insecurity situation in the North West and South West regions of Cameroon.
Human Rights Situation in the context of the COVID-19 pandemic
55. While commending the measures put in place by State Parties to contain the spread
of the coronavirus and mitigate the effects of the pandemic, the Commission regrets
the emergence of human rights violations during this period, including:
i.
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Economic impact of Covid-19 Pandemic which continues to wreak havoc on
the continent;
ii.
iii.
iv.
v.
vi.
vii.
viii.
ix.
x.
Devastating effects of the COVID-19 pandemic and the precariousness of
peace and stability on the globe, continue to stifle progress on human rights
particularly the enjoyment of socio-economic right;
Confirmed cases of Covid-19 from 55 African Countries reached 11.5 million
with 83% of all Africans yet to receive a single dose of Covid-19 vaccines;
Although supplies of COVID-19 vaccine to Africa have increased
significantly, the continent is struggling to expand their deployment, with
only 11% of the population fully vaccinated;
COVID vaccine inequities are also adding more unnecessary risk to the lives
of PLHIV;
Governance related issues in Congo, increasingly challenged due to socio
economic difficulties faced by the majority of the population in the context
of Covid-19 Pandemic;
Impact of COVID-19 on sexual and reproductive health services in selected
countries on the continent; barriers to accessing and utilizing sexual rights
and health services in addition to the perspectives of people with
disabilities;
The low level of access to justice and its impact during the Covid-19
pandemic on the continent;
The continuing instability of the situation, compounded by Covid-19-related
restrictions, particularly disease, high unemployment, arbitrary detentions,
extrajudicial killings, and restrictions on civic space, has posed serious
threats to peace and security, leading to escalating violence in some
countries; and
The negative consequences of rising prices due to the Covid-19 pandemic,
causing a disastrous impact on the vulnerable populations.
RECOMMENDATIONS
56. In light of the foregoing, the Commission recommends the following:
a) To State Parties:
i.
ii.
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State Parties that have not yet done so to sign, ratify, implement and
domesticate the various human rights instruments of the AU, in particular, the
African Charter on Human and Peoples’ Rights, the Maputo Protocol; the
Kampala Convention; the Charter for African Cultural Renaissance; the
Protocol to the African Charter on Human and Peoples’ Rights on the Rights of
Older Persons in Africa; the Protocol to the African Charter on Human and
Peoples’ Rights on the Rights of Persons with Disabilities in Africa; the African
Charter on Democracy, Elections and Governance; Protocol to the Treaty
Establishing the African Economic Community on the Free Movement of
Persons, the Right of Residence and the Right of Establishment, the Additional
Protocol to the African Charter on Human and Peoples Rights on the Rights of
Citizens to Social Protection and Social Security; the African Youth Charter and
the OAU Convention Governing Specific Aspects of Refugee Problems in Africa;
States that have not yet done so to accede to the Protocol to the African Charter
on Human and Peoples' Rights on the Establishment of the African Court on
Human and Peoples' Rights and to make a declaration under Article 34(6) of
the Protocol, allowing individuals and NGOs access to the Court; Accelerate
steps to ratify, integrate and implement relevant regional and international
instruments, particularly the UN Convention for the Protection of All Persons
iii.
iv.
v.
vi.
vii.
viii.
ix.
x.
xi.
xii.
xiii.
xiv.
xv.
xvi.
xvii.
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from Enforced Disappearance and the Guidelines for the Protection of All
Persons from Enforced Disappearance in Africa;
Implement measures applicable to the protection of persons from extrajudicial,
summary or arbitrary killings and enforced disappearances including
measures to prevent, investigate and raise awareness on the rights concerned;
Urge State Parties that have not yet ratified the Second Optional Protocol to
the International Covenant on Civil and Political Rights aiming at the abolition
of the death penalty and the International Convention for the Protection of All
Persons from Enforced Disappearance; to accelerate the process of ratification
and to harmonize their national laws accordingly;
States that have not yet done so to ratify the OPCAT and establish National
Preventive Mechanisms to monitor places of detention;
Lift reservations to the African Charter on Human and Peoples’ rights and the
Maputo Protocol for State Parties that have entered such reservations to
enable its citizens to fully enjoy the rights provided in these two human rights
instruments;
Submit Periodic State Reports in accordance with article 62 of the African
Charter, article 26 of the Maputo Protocol and article 14(4) of the Kampala
Convention; in line with the Guidelines for State Reporting;
Authorize promotion missions by the Commission in line with Article 45 of the
African Charter;
Implement the recommendations and decisions of the Commission in
particular in promotion and protection Mission Reports; Concluding
Observations, Urgent Appeals, Resolutions and Communications; and inform
the Commission of measures taken to implement those recommendations and
decisions;
Undertake thorough constitutional reforms to curb unconstitutional change of
government and promote and protect human rights, in order to restore
constitutional order;
Collaboration between various stakeholders to enhance early warning
mechanisms to potential conflict and urge States to ensure that the
democratic machinery continues to represent a crucial factor, in addressing
this phenomenon through early response accordingly;
Take legislative and other measures for the full realization of economic, social
and cultural rights in accordance with the African Charter, the Principles and
Guidelines on Economic Social and Cultural Rights, the Guidelines on the Right
to Water in Africa and other regional and international human rights norms, at
all times including periods of a public health crisis;
Reform healthcare systems and provide access to health care including
adequate and effective healthcare facilities and services for all;
Take measures and put in place access to water, sanitation and other basic
health care necessities, as conditions for safeguarding health and life of the
public;
The need to institute public housing policies for vulnerable populations and
those affected by displacement or natural disasters;
Take action on the improvement of the overall humanitarian situation in Africa
Call on the Government of South Sudan to implement the resolutions of the
Transitional Justice Conference on Souh Sudan, held in December 2021, and
led by the United Nations in close coordination with the African Commission,
the African Union, UN Commission for Human Rights in South Sudan and the
UN Mission in South Sudan as stipulated in the resolutions;
xviii.
xix.
xx.
xxi.
xxii.
xxiii.
xxiv.
xxv.
xxvi.
xxvii.
xxviii.
xxix.
xxx.
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Take urgent and deliberate measures to arrest the situation of migration crisis
in Africa and evaluate the steps being taken by various stakeholders to
implement the Global Compact for Safe, Orderly and Regular Migration (GCM)
adopted in 2018 and the African framework on migration;
adopt specific legislative measures to recognize and protect the status of
human rights defenders, and provide a working environment conducive for civil
society, as per Res. 376 (LX) 2017 adopted by the Commission during its 60th
Ordinary Session Niamey, Niger;
Increase the budgetary allocation for the improvement of access to justice,
particularly through the work of community paralegals to give effect to
Aspiration 3 of the AU Agenda 2063 on good governance, democracy, human
rights, justice and the rule of law;
Take or continue to take into consideration, as applicable, the ways of life of
indigenous peoples and communities, together with all of their attendant
human rights, in all decisions taken in relation to business and economic
development, and accordingly, to ensure the rigourous involvement of their
duly recogniwed and designated representatives in all decision making and
actions concerning them, with a view to obtaining their free, prior and informed
consents;
Establish mechanisms to receive complaints of torture and other ill-treatment
and ensure that victims of torture and other ill-treatment have the right to all
forms of redress including restitution, compensation, rehabilitation,
satisfaction and guarantees of non-repetition in accordance with General
Comment No. 4 on the African Charter on Human and Peoples’ Rights: The
Right to Redress for Victims of Torture and other Cruel, Inhuman or Degrading
Punishment or Treatment (Article 5);
States should review their national legislation to protect individuals from
enforced disappearances, summary and arbitrary killings by prohibiting
incommunicado detention, prolonged solitary confinement, and criminalize the
use of secret or unauthorized detention facilities;
Ensure that security personnel do not use excessive force against civilians and
that they respond to protests in accordance with the Guidelines for the Policing
of Assemblies by Law Enforcement Officials in Africa;
Finance and invest in HIV response measures as well as universal health
coverage and prioritise human rights-based comprehensive and integrated HIV
responses;
Ensure that health facilities are easily accessible to members of indigenous
and minority communities;
Enact and implement robust laws on cyber-security and specific laws on online
VAW and involve internet intermediaries to include safety measures for women
and communicate these clearly to their users, coupled with clear penalties for
offenders and train law enforcement officers on how to identify and prosecute
cases;
Adopt legislation on the protection of personal data and ratify the African Union
Convention on Cyber Security and Personal Data Protection;
Adopt national legislation on the right of access to information in line with
regional and international standards and as elaborated in the Commission’s
Model Law on Access to Information in Africa;
Allocate funding to prisons and other places of detention, renovate and build
new prisons in line with the Revised Standard Minimum Rules for the
Treatment of Prisoners (the Mandela Rules), to improve the
xxxi.
xxxii.
xxxiii.
xxxiv.
xxxv.
xxxvi.
xxxvii.
xxxviii.
xxxix.
xl.
xli.
xlii.
xliii.
xliv.
xlv.
xlvi.
xlvii.
standard/conditions of detention, takin into account the post-pandemic
period;
Establish or designate Independent National Bodies mandated to undertake
regular visits to Prisons and grant requests for prison visits from Civil Society
Organizations and other stakeholders;
Work towards initiating legislative review that would allow for the
decriminalisation of petty offenses, which typically amount to the incrimination
of poverty, including that of soft drug use;
Comply fully with the African Commission's Principles and Guidelines on
Human and Peoples' Rights in the Fight against Terrorism in Africa and
guarantee the right of all victims of enforced disappearance to justice, truth,
and reparation;
Encourage States Parties to the Maputo Protocol to take the necessary steps
to ensure that the Family Code is fully compliant with it; and
Take urgent and decisive action to eradicate statelessness on the continent.
The Chadian Government to consider reversing the decision which effectively
compels women to remain in unsuitable and potentially abusive relationships
by penalizing them for rejecting a marriage proposal.
The Algerian government to increase social protection programmes for women
victims of domestic violence so that they can leave abusive relationships
before they suffer irreparable harm, including death.
States must take all necessary measures to put an end to violence against
women in both the private and public spheres, which is increasingly leading to
feminicide, by setting up shelters, emergency hotlines and awareness-raising
programmes aimed at highlighting this phenomenon, but also by reinforcing
sanctions against the perpetrators through effective application of the law;
Tanzania to take active measures to guarantee and restore the rights of the
Masai Community, and to implement appropriate measures to guarantee the
non-recurrence of such acts against all the other indigenous Groups.
Take urgent and energetic measures to eradicate statelessness on the
continent, through the implementation of national plans to combat
statelessness, the fulfillment of all commitments made on this issue and the
adoption of the draft Protocol to the African Charter on the Specific Aspects of
the Right to Nationality and the Eradication of Statelessness in Africa;
Increase budgets for refugee care at the African regional level by creating a
fund to share the burden with countries receiving large numbers of refugees,
particularly those living in camps;
Consider local integration as a solution to the issue of long-term refugees;
Calls upon host States to grant refugees the exercise of economic and social
rights, including the right to work;
Take urgent measures to assist countries facing large-scale internal
displacement;
Ensure the protection of migrants in transit and host countries by adopting
national laws and strategies on migration.
Revise mining or investment codes to include provisions for the protection of
human rights.
Request States to take initiatives on climate change and its impact on human
rights.
b) To the PRC
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i.
ii.
Work closely and monitor implementation of coordination and collaboration
mechanisms between the Commission, the African Court and the African
Committee of Experts on Rights and Welfare of the Child with a view of supporting
better mandate delivery by these Organs and enhance institutional coherence of
the union, in line with Decision EX.CL/Dec. 1154(XL); and
In line with Executive Council Decision EX.CL/Dec.1108 (XXXVIII) set the process
in motion for the negotiations of an AU Convention on Ending Violence against
Women and Girls for adoption by AU Policy Organs.
c) To the AU
i.
Implore the African Union to take the lead in all processes for the resolution of
latent and current conflicts in order to avoid possible serious and massive
human rights violations;
Take steps to facilitate and finalize the process of adopting the draft Protocol
to the African Charter on Human and Peoples' Rights on the specific aspects of
the right to nationality and the eradication of statelessness in Africa;
Finalize the process for the adoption of the draft Protocol on specific aspects
of nationality and the eradication of statelessness in Africa;
Take steps to revitalize the process of adopting the draft Protocol to the African
Charter on the Death Penalty in Africa
Implement the African Common Position (ACP) on Humanitarian Effectiveness
adopted in January 2016, during the Summit of Heads of State and
Government and, in particular, the establishment of the African Humanitarian
Agency;
Be part of the global and regional governance of migration, notably through the
implementation of the Migration Policy Framework for Africa and its Action
Plan.
Implement the strategic framework on climate change, keeping in mind a
human rights approach;
As part of the realization of the right to health, accelerate the establishment of
the African Drug Agency to reduce dependence on Western countries.
Strengthen support to States in electoral processes in order to consolidate
democratic systems and prevent unconstitutional changes of power.
ii.
iii.
iv.
v.
vi.
vii.
viii.
ix.
Recommendations related to the COVID-19 pandemic:
a) To State Parties:
i.
ii.
iii.
iv.
v.
Reset programmes, improve coordination and speed up vaccination drives, to
ensure vaccines are administered as quickly as possible upon arrival to avoid
expired vaccines;
Take the lead in ensuring that Covid 19 tests and vaccines are available and
accessible to all and that health facilities have the resources to provide
adequate care;
Necessarily pursue other forms of essential health care, including sexual and
reproductive health care, and ensure that they remain physically and financially
accessible throughout the pandemic;
Necessarily balance action between lifting COVID-19 restrictions and protecting
people from the pandemic;
Establish mechanisms to prevent further collapse of economies, which are
already in a precarious state due to COVID-19;
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vi.
vii.
viii.
ix.
x.
Implement Resolution 449 of the Commission on Human and Peoples' Rights as
a central pillar of a successful response to COVID-19 and recovery from its sociopolitical impacts;
Refrain from falsely referring to the Covid-19 pandemic as a justification for
undue restrictions and other acts amounting to abuse;
Build resilience to future pandemics and other global health and development
challenges;
Adhere to and comply with the World Health Organization's Interim Guidelines
for the Preparedness, Prevention and Control of Covid-19 in Prisons and Other
Places of Detention;
Provide formal and informal businesses with financial support to cope with the
economic impacts of the Covid 19 pandemic.
b) To the AUC
i.
ii.
Ensure equitable access and distribution of approved COVID-19 vaccines to all
staff of the AU Organs and Institutions, including regional offices; and
Enhance sensitization for wider vaccinations as well as synergizing efforts in the
acquisition of Covid-19 vaccines in order to ensure universal and equitable
access to vaccines.
XIII.
ADMINISTRATIVE AND FINANCIAL SITUATION OF THE COMMISSION
a) Staffing
57. While In order to strengthen the technical and human capacity of the Commission, the
Secretariat is currently in the process of integrating five (5) appointed regular staff,
including two (2) Senior Legal Officers (P3), one (1) Legal Officer (P2), one (1)
Communications Database Officer (P1) and one (1) Secretary (GSA4). Three (3)
Interpreter/Translator positions (P4) (English/French, Portuguese and Arabic) have
been recommended to the AUC Chair for appointment.
58. The Secretariat has completed the recruitment processes for six (6) fixed-term staff
and has integrated them since August 2022, namely one (1) Senior Project Planning,
Monitoring and Evaluation Officer (P3), two (2) Legal Experts (P3), two (2) Legal
Researchers (P2), and one (1) Finance Officer.
XIV.
IMPLEMENTATION OF THE EXECUTIVE COUNCIL DECISIONS
a) Joint PRC/Commission Retreat
59. Further to Executive Council Decision EX.CL/Dec.1045 (XXXIV) which requested the
ACHPR “to institutionalize an annually Joint Retreat of the PRC and the ACHPR”, the
Commission reports that a retreat with the PRC Sub-Committee on Structures to
present the ACHPR Business Case was scheduled for March 2022, however due to the
tight schedule of the Commission during that period, the retreat is rescheduled to take
place in the upcoming inter-session period.
b) Construction of the Commission’s Headquarters
60. In line with Executive Council Decision: Ex.Dec.1045 (XXXIV), and EX.CL/Dec. 1080
(XXXVI) calling on the AUC to “work jointly with the ACHPR and the Gambian
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Government to establish a Special Fund for resource mobilization as well as take other
concrete actions required including laying down of the foundation stone, for the
construction of the ACHPR’s permanent headquarters”, the Commission reports that
on 20 October 2022, the Title Deed for the land on which the future Headquarters of
the Commission is to be built was delivered to the Deputy Chairperson of the African
Union Commission Dr. Monique Nzanzabaganwa, during a ceremony of the laying of
the foundation stone which took place the same day. The Commission also reports that
during the Intersession period, following several meetings with the Representatives of
the Host Government, the Secretariat was given an autonomous building in Fajara to
serve as an Annex Office pending the construction of the Headquarters buildings.
However, following the evaluation by the team from Addis Ababa mandated to that
effect, it was decided to move the Secretariat to Kairaba Avenue in a building which
still needs renovation before the Secretariat can be transferred there.
c) Establishment of an Appointment, Promotion and Recruitment Board at the Organ
Level (APROB)
61. In accordance with Decision EX.CL/DEC. 1097(XXXVII) of October 2020, and the AU
Recruitment Procedures, the Commission reports that the Chairperson of the AUC has
approved the request for the establishment of an Appointment, Promotion and
Recruitment Board at the Organ Level (APROB), as of December 2021.
d) Issues related to the governance of the Commission
62. During the intersession period, pursuant, to the Executive Council Decision
Ex.CL/Dec.1126(XXXIX “On Matters Specific to Other AU Organs, which directs that the
ACHPR make a written submission to the Sub-Committee on Structural Reforms on the
challenges faced on the Governance and Structure of the Organ and recommendations
that could assist to resolve such challenges, by May 2022”, the Secretariat submitted a
draft written submission to the Office of the Legal Counsel and the Bureau of the
Commission for input, before it is finalized and submitted to the Policy Organs for
decision.
e) Review of the Structure of the Commission
63. In line with Executive Council Decision EX.CL.Dec.995 (XXX11) relating to “the review
of the structure of the ACHPR to better align its composition and organogram with the
mandate entrusted to it and the expansion in its work over the years”, the Commission
reports that the current ACHPR structure was last updated and approved in 2009. In
order to ensure ACHPR has sufficient human resources to support the Commission in
delivering its mandate, ACHPR uses the current opportunity offered by the expanded
AUC reform to propose a stable structure that would meet the human resource needs
of both today and the next 15 years. The proposed structure has been reviewed by the
AUC Finance Department, the AUC Human Resources Management Department, and
the Office of the Legal Counsel for their input. The Commission intends to present the
proposed new structure at the next PRC Subcommittee meeting in the first quarter of
2023. Approval of the proposed structure will allow the ACHPR to align its secretariat
in accordance with its mandate.
f) Mission to Territory designed as the Sahrawi Arab Democratic Republic (Africa
Union) or Western Sahara (United Nations)
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64. Pursuant to Executive Council, in its Decision EX.CL/995(XXXII) on the 43rd Activity
Report of the Commission, which called on Morocco to engage in dialogue towards
facilitating the conduct of the fact-finding mission to the territory referred to by the
African Union as the Sahrawi Arab Democratic Republic and the United Nations as
Western Sahara, the Commission reports that there has been no developments to date
despite a few correspondences between the Commission and Morocco, including the
latest Note Verbale ACHPR/STC/KOMOR/173/22 of 2 March 2022.
65. The Commission further reports that the AU General Assembly Decision
Assembly/AU/Dec.693 (XXXI) established an African mechanism comprising the AU
Troika, to extend effective support to the UN led efforts by encouraging the parties to
demonstrate flexibility, mobilizing as large as possible for the United Nations led efforts
and reflecting in close consultation with the UN, on the substance of the desired
compromise. The decision further indicates that the issue of Western Sahara will only
be raised within the framework of the Troika of Heads of State.
XV.
Challenges
66. The Commission continues to face multiple challenges in the implementation of its
mandate, both in terms of staffing and funding of the Commission's activities, which
are increasingly in demand.
XVI.
Requests
67. While welcoming Executive Council Decision EX.CL/DEC.1097(XXXVII), the Commission
requests the PRC to provide sufficient funds to the ACHPR to facilitate the filling of its
remaining vacancies, with the assistance of the AU R10 Committee of Experts.
68. It also requests an additional budget for the improved implementation of its mandate,
particularly for the organization of regular public face-to-face sessions, which are
crucial to the work of the Commission to ensure the effective respect and protection of
human rights on the continent
XVII. DATES OF THE 74TH AND 75TH ORDINARY SESSIONS OF THE COMMISSION
69. The 74th Ordinary Session will take place from 21 February to 7 March 2023 and the
75th Ordinary Session from 3rd to 23rd May 2023.
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