AFRICAN UNION
UNION AFRICAINE
UNIÃO AFRICANA
African Commission on Human &
Peoples’ Rights
Commission Africaine
l’Homme & des Peuples
des
Droits
31 Bijilo Annex Layout, Kombo North District, Western Region, P. O. Box 673, Banjul, The Gambia
Tel: (220) 4410505 / 4410506; Fax: (220) 4410504
E-mail: au-banjul@africa-union.org; Web www.achpr.org
45TH ACTIVITY REPORT OF THE AFRICAN COMMISSION ON
HUMAN AND PEOPLES’ RIGHTS
Submitted in Accordance with
Article 54 of the African Charter on Human and Peoples’ Rights
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de
I.
SUMMARY
This 45th Activity Report of the African Commission on Human and
Peoples’ Rights (ACHPR or the Commission), which 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 or the Charter), covers the period from 10 May to 13
November 2018. It highlights, among others: the statutory and other
institutional meetings of the Commission; the status of State reporting;
Resolutions adopted by the Commission; the human rights complaints
before the Commission; the various interventions of the Commission on
human rights issues including Urgent Appeal Letters, Press Releases and
Letters of Appreciation; the human rights situation on the continent;
financial, staffing and operational matters of the Commission;
implementation of the Recommendations of the Commission and
Recommendations to the Assembly of Heads of State and Government.
II.
BACKGROUND
1. The Commission was established in terms of Article 30 of the African
Charter, which was adopted by the Assembly of Heads of State and
Government of the Organisation of African Unity (OAU) in 1986. The
African Charter has been ratified by all Member States of the AU, except
the Kingdom of Morocco. The Commission became operational in 1987 and
has its headquarters in Banjul, The Gambia.
2. 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. Its mandate, as set out in Article 45 of the African Charter,
is to:
i. Promote Human and Peoples’ Rights;
ii. Ensure the protection of human and peoples’ rights under
conditions laid down by the Charter;
iii. Interpret the provisions of the Charter at the request of a State
party, an institution of the AU or an African organisation
recognised by the AU; and
iv. Perform any other tasks which may be entrusted to it by the
Assembly of Heads of State and Government.
3. The Commission is also specifically charged under the Charter with
receiving and examining Communications (complaints) submitted to it,
and receiving and examining periodic reports from State Parties on the
legislative or other measures taken to give effect to the rights and freedoms
recognized and guaranteed by the Charter.
4. Under Article 26 of the Protocol to the African Charter on Human and
Peoples’ Rights on the Rights of Women in Africa (the Maputo Protocol),
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the Commission is also mandated to monitor measures taken by State
Parties in relation to the status and rights of women in their respective
countries. Similarly, Article 14 of the African Union Convention for the
Protection and Assistance of Internally Displaced Persons in Africa (the
Kampala Convention) requires State Parties to report on legislative and
other measures taken to give effect to the rights of displaced persons.
III.
MEETINGS OF AU POLICY ORGANS, STATUTORY MEETINGS,
INSTITUTIONAL AND OTHER MEETINGS DURING THE
REPORTING PERIOD
5. The Commission participated in AU Policy Organ meetings that were held
in Nouakchott, Mauritania from 25 June to 2 July 2018, as follows:
i.
ii.
iii.
36th Ordinary Session of the Permanent Representatives’
Committee (PRC): 25 - 27 June 2018;
33rd Ordinary Session of the Executive Council (EC): 28 – 31
June 2018;
31st Ordinary Session of the Assembly of Heads of State and
Government (the Assembly): 1 – 2 July 2018.
6. In addition, two (02) statutory meetings and four (04) other institutional
meetings were held during the reporting period, namely:
i.
ii.
iii.
iv.
v.
vi.
The 24th Extraordinary Session of the Commission from 30
July to 8 August 2018 in Banjul, The Gambia;
The 11th Meeting of the Joint Bureaux of the Commission and
the African Court on Human and Peoples’ Rights (the African
Court) on 9 July 2018 in Banjul, The Gambia;
The 7th Annual Meeting of the Commission and the African
Court on 10 August 2018 in Banjul, The Gambia;
The Consultative Workshop between the Commission, the
African Court and the African Committee of Experts on the
Rights and Welfare of the Child from 11 to 12 August 2018 in
Banjul, The Gambia;
The Tripartite Meeting of the Commission, the African Court
and the African Committee of Experts on the Rights and
Welfare of the Child on 3 September 2018 in Arusha,
Tanzania; and
The 63rd Ordinary Session of the Commission from 24 October
to 13 November 2018 in Banjul, The Gambia.
7. The Commission also participated in the Joint Retreat of the PRC and the
Commission held from 4 to 5 June 2018 in Nairobi, Kenya. The Report of
this retreat was considered at the last African Union Summit held in
June/July 2018.
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A. MEETINGS OF AU POLICY ORGANS
31st African Union Summit, Nouakchott, Mauritania, 25 June to 2 July 2018
8. The 44th Activity Report of the Commission was presented before the 36 th
Ordinary Session of the PRC. Following discussions at the PRC and
Executive Council levels, the 44th Activity Report was authorised for
publication through Executive Council Decision EX.CL/Dec.1014(XXXIII).
B. STATUTORY AND INSTITUTIONAL MEETINGS
24th Extraordinary Session, Banjul, The Gambia, 30 July to 8 August 2018
9. Details of the activities undertaken by the Commission during its 24th
Extraordinary Session are recorded in the relevant Final Communiqué,
which is attached to this Report as Annex I. The Final Communique is also
available on the website of the Commission: www.achpr.org.
11th Meeting of the Joint Bureaux of the Commission and the African
Court, 9 August 2018, Banjul, The Gambia
10. As mandated by their Rules of Procedure, the Commission and the African
Commission held the 11th Meeting of the Joint Bureaux following the 24th
Extraordinary Session of the Commission. At this meeting, members of the
two Institutions adopted the Report of the 10th Meeting of the Joint
Bureaux; assessed progress made in the implementation of decisions
adopted at the 10th Meeting of the Joint Bureaux and the 6th Annual Joint
Meeting; prepared and organised the 7th Annual Joint Meeting of the
African Court and the Commission; and discussed other joint activities.
7th Annual Joint Meeting of the Commission and the African Court, 10
August 2018, Banjul, The Gambia
11. The 7th Annual Joint Meeting of the Commission and the African Court was
held on 10 August 2018 in Banjul, The Gambia. The overall objective of this
meeting was to follow-up on progress made in the implementation of
recommendations in order to strengthen the complementarity of the two
Institutions and enhance their collaboration and interaction.
Consultative Workshop between the Commission, the African Court and
the African Committee of Experts on the Rights and Welfare of the
Child, 11 to 12 August 2018, Banjul, The Gambia
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12. The Tripartite Consultative Workshop was held from 11 to 12 August 2018
in Banjul, The Gambia. The overall objective of the workshop was to review
the proposed Joint Framework for Monitoring Decisions and
Recommendations of the Commission, the African Court and the African
Committee of Experts on the Rights and Welfare of the Child.
Tripartite Meeting of the Commission, the African Court and the African
Committee of Experts on the Rights and Welfare of the Child, 3
September 2018, Arusha, Tanzania
13. The Tripartite Meeting of the Commission, the African Court and the
Committee was held on 3 September 2018 in Arusha, Tanzania. The
objective of the meeting was to review the relevant documents prepared by
various consultants as part of the AU Institutional Reform process and
relating to judicial and quasi-judicial bodies, with a view to identifying
possible ways forward and common views as a contribution towards the
development of future guidelines and discussions concerning them.
Recommendations were made and forwarded to the AU.
63rd Ordinary Session, Banjul, The Gambia, 24 October to 13 November
2018
14. The 63rd Ordinary Session of the Commission was held from 24 October to
13 November 2018 in Banjul, The Gambia. The Opening Ceremony was
attended by H.E. Ousainou Darboe, Vice President of the Republic of The
Gambia, who declared the Session open.
15. Details of the activities undertaken by the Commission during its 63 rd
Ordinary Session are recorded in the relevant Final Communiqué, which is
attached to this Report as Annex II. The Final Communique is also
available on the website of the Commission: www.achpr.org.
16. The inter-Session Reports presented by Members of the Commission and
Special Rapporteurs during the 63rd Ordinary Session are available on the
website of the Commission: www.achpr.org.
C. OTHER MEETINGS
Regional Seminar on the Implementation of Decisions of the African
Commission on Human and Peoples’ Rights, Zanzibar, Tanzania, 4 to 6
September 2018
17. The Commission organised, from 4 to 6 September 2018 in Zanzibar,
Tanzania, a Regional Seminar on the Implementation of Decisions of the
Commission for countries of Southern and East Africa, with the financial
support of the European Union (EU) Programme on Strengthening the
African Human Rights System (PANAF Programme). The overall objective
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of the Seminar was to reinforce the African human rights system through
the strengthening of the Commission’s human rights promotion and
protection mandates. The Seminar assessed the status of implementation of
complaints/communications brought before the Commission as well as
concluding observations and other decisions of the Commission.
IV.
STATE REPORTING UNDER ARTICLE 62 OF THE CHARTER
18. The Commission considered the 2nd and 3rd Combined Periodic Reports of
the Republic of Botswana on the implementation of the African Charter; the
6th and 7th Periodic Reports of the Republic of Angola on the
implementation of the African Charter and its Initial Report on the Protocol
to the African Charter on the Rights of Women in Africa (2011-2016); and
the 6th, 7th and 8th Periodic Reports of the Republic of Togo on the
implementation of the African Charter including a portion on the
implementation of the Maputo Protocol.
19. The status of submission of Periodic Reports to the Commission by State
Parties stands as follows:
Status
State Party
Up to date: 12
Angola, Botswana, Democratic Republic of Congo, Egypt,
Eritrea, The Gambia, Mali, Mauritania, Niger, Nigeria,
Rwanda and Togo.
1
Report Algeria, Burkina Faso, Côte d’Ivoire, Djibouti, Ethiopia,
overdue: 14
Kenya, Malawi, Mali, Mauritius, Namibia, Senegal, South
Africa, South Sudan and Uganda.
2
Reports Cameroon, Gabon, Liberia, Mozambique and Sahrawi Arab
overdue: 5
Democratic Republic.
3
Reports Burundi, Libya and Sudan.
overdue: 3
More than 3 Benin, Cabo Verde, Central African Republic, Chad, Congo,
Reports overdue: Eswatini, Ghana, Guinea, Lesotho, Madagascar, Seychelles,
15
Tanzania, Tunisia, Zambia and Zimbabwe.
Never submitted Comoros, Equatorial Guinea, Guinea Bissau, Sao Tome and
a Report: 5
Principe, Somalia.
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20. The Commission received the latest Periodic Reports of Egypt and The
Gambia which will be considered at the 64th Ordinary Session of the
Commission.
21. With specific reference to Article 26 of the Maputo Protocol, only eleven
(11) countries are up to date with their reporting obligations thus far,
namely: Angola, Burkina Faso, DRC, Malawi, Mauritania, Namibia,
Nigeria, Rwanda, Senegal, South Africa and Togo. Thirty (30) State Parties
to the Maputo Protocol are yet to submit their reports under this Protocol.
22. Twenty-seven (27) States have ratified the African Union Convention for
the Protection and Assistance of Internally Displaced Persons in Africa (the
Kampala Convention). However, no State Party has complied with Article
14 (4) of the Kampala Convention which requires them to indicate the
legislative and other measures they have taken to give effect to this
Convention.
V.
RESOLUTIONS ADOPTED BY THE COMMISSION
The Commission adopted the following Resolutions during the Reporting period:
Session
24th
Extraordinary
Session
Session
63rd
Ordinary
Session
Resolutions adopted
i. Resolution on the legislative elections in the Republic of Guinea
Bissau;
ii. Resolution on the development of General Comments on Article 7
(d) of the Protocol to the African Charter on the Rights of Women
in Africa.
Resolutions adopted
i.
ii.
iii.
iv.
v.
vi.
vii.
viii.
ix.
Resolution on the protection mandate and interpretative
mission of the African Commission on Human and Peoples’
Rights:
Resolution on the human rights situation in Burundi;
Resolution on the human rights violations which occurred
during the electoral process in the Republic of Cameroon;
Resolution on the electoral process in the DRC;
Resolution on the human rights situation in Somalia;
Resolution on the need for a study on the status of sacred
natural sites and territories in Africa;
Resolution on the need for a study on human rights violations
against migrants;
Resolution on the situation of women human rights defenders
in Africa;
Resolution on the establishment of a group to support the
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x.
xi.
VI.
mandate of the Special Rapporteur on Human Rights
Defenders and Focal Point on Reprisals in Africa for the
promotion and effective implementation of the Guidelines on
Freedom of Association and Assembly in Africa;
Resolution on the development of a General Comment on
Article 12 (1) of the African Charter on Human and Peoples’
Rights;
Resolution on the extension of the mandate and
composition of the Working Group on the Death Penalty,
Extra-judicial, Summary or Arbitrary Killings in Africa.
HUMAN RIGHTS COMPLAINTS BEFORE THE COMMISSION
Communications
23. Of the 231 (Two Hundred and Thirty-One) Communications currently
pending before the Commission, the following were considered during the
reporting period:
Session Communication (Name/Phase)
24th
II. Seizure
Extraa) Seized
ordinary
i.
Communication 693/18 – Bunyoro Kitara Reparations Agency Ltd
Session
ii.
iii.
iv.
v.
(Bukitarepa) v. Uganda
Communication 694/18 - Kone Katinan Justin v. Côte d'Ivoire
Communication 695/18 – Mr Abadir M. Ibrahim (representing Mr Zelalem
Kibret) v. Ethiopia
Communication 696/ 18–Jean-Marie Michel Mokoko (represented by
Maître Jessica Finelle) v. Republic of Congo
Communication 697/17 – Mr Kaptue Tagne & Others v. Republic of
Cameroon
b) Non-Seizures
i.
Communication 690/18 – Peter Odiwuor Ngoge T/A O.P Ngoge and associates
v. Kenya
II. Admissibility
a) Admissible
i.
ii.
iii.
Communication 459/13 – Devendranath Hurnam v. The Republic of
Mauritius;
Communication 472/14 – Family of Late Audace Vianney Habonarugira
v. Burundi;
Communication 474/14 –Family of Late Jean Claude Ndimumahoro v.
Burundi;
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iv.
Communication 510/15 – Abdel Moneem Adam Mohammed
(represented by REDRESS & Others) v. Sudan
Communication 511/15 – Dr Amin Mekki Medani & M. Farouq Abu
Eissa v. Sudan;
Communication 577/15 – Hassan Ishag Ahmed (Represented by African
Centre for Justice and Peace Studies and others) v. Republic of The Sudan;
Communication 600/16 – Patrick Gabaakanye (represented by Dingake
Law Partners, DITSHAWANELO and REPRIVE) v. Botswana
v.
vi.
vii.
III. Merits
i. Communication 348/07 – Collective of the Families of Missing Persons
in Algeria v. Algeria
IV. Struck-Out for Lack of Diligent Prosecution
i.
Communication 539/ 15 - Salah Deen Madaney Mahmud Salim & Others
(represented by European Alliance for Human Rights) v. Egypt
Communication 540/15 – Mr Ahemad Ali Abbas, Dr Efat Mohamad Ali
Elbheri & Hafsa Ahmad Ali (represented by European Alliance for Human
Rights) v. Egypt
Communication 541/15 - Yasser Mohammed Hassanein & one Other
(represented by European Alliance for Human Rights) v. Egypt
ii.
iii.
VII.
Withdrawn
i.
Communication 603/16 – Mrs Ayatulla Alaa Hosny (represented by
Dalia Lotfy) v. Egypt
ii. Communication 682/18– Ahmed Abba (represented by CHRDA &
RFKHR) v. Cameroon
VIII. Submitted for guidance
i.
ii.
iii.
iv.
IX.
Communication 438/12 - Peter Odiwuor Ngoge, Mohammed Omar
Musa and 6000 other former employees of Kenya Breweries Limited
(Represented by Peter Odiwuor Ngoge) v. Kenya;
Communication 519/15- Peter Ngoge and Mohammed Musa v.
Kenya;
Communication 534/15 - Peter Ngoge, Mohammed Musa and 5,378
others v. The Republic of Kenya
Communication 680/17- Nnamdi Kanu and the Indigenous
Populations of Biafra v. Federal Republic of Nigeria
Deferred
i.
Communication 587/15 - Radio Publique Africaine (represented by Me
Lambert Nigarura) v. Burundi
ii. Communication 607/16 – Family of Late Juvenal Habyarimana v. Burundi
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63rd
Ordinary
Session
I.
Seizure
a) Seized
i.
Communication 698/18 – Yunusa OS Ceesay on his behalf and on behalf of the
Kerr Mothali Community v. The Gambia
Communication 699/18 – Moses Mutale (representing 469 former employees of
Ex-Energo Invest Limit) v. Republic of Zambia
Communication 700/18 – Association des femmes Avocates Defenseures Des
Droits Humains and Institute for Human Rights and Development in Africa v.
DRC
Communication 701/18 – Januarius Jingwa Asongu and one other v. Cameroon
Communication 703/18 – Cathy Bosongo Beando v. DRC
Communication 705/18 – Emil Touray and Saikou Jammeh (represented by
IHRDA and Sagar Jahateh) v. The Gambia
Communication 706/18 - Muzito Fumutshi Adolphe v. DRC
ii.
iii.
iv.
v.
vi.
vii.
b) Seized and Provisional Measures Issued
i.
Communication 704/18 – Berhane Abrehe Kidane (represented by Solomon
Weldekirstos and Eritrean Law Society) v. Eritrea
Communication 702/18 – Ahmed Abdallah Mohamed Sambi c. Union of the
Comoros
ii.
II. Admissibility
a) Admissible
i.
Communication 587/15 – Radio Publique Africaine (Represented by Maitre
Lambert Nigarura) v. Burundi
Communication 631/16 – Perem Aoudou (represented by Georges Ayuk
Quelennec) v. Cameroon
ii.
III.
Struck-Out for Lack of Diligent Prosecution
i.
Communication 450/13-451/13 – Godwin Pius and others (Represented by
LEDAP and SERAP) v. Nigeria
Communication 658/17 – Shereen Said Hamd Bakheet (represented by the
European Alliance for Human Rights and others) v. Arab Republic of Egypt
ii.
IV.
Withdrawn
i.
Communication 559/15 – Yasser Ahmed Aboeitah (Represented by Dalia Lotfy)
v. Arab Republic of Egypt
V.
Submitted for guidance
i.
Communication 376/09 – Acleo Kalinga (represented by REDRESS, OMCT
and IRCT) v. Uganda
Communication 566/15 – Chiggle née Joana Nini Ntune v. Cameroon
Communication 383/10 – Mohammed Abdullah Saleh Al-Asad v. Djibouti
ii.
iii.
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VI. Deferred
i. Communication 607/16 – Family of Late Juvenal Habyarimana v. Burundi
24. The above tables show that during the reporting period, the Commission
considered a total of forty (40) Communications. It was seized of fourteen
(14) Communications; decided not to be seized of one (1); issued two (2)
Provisional Measures; declared nine (9) admissible and deferred two (2) of
them; decided one (1) on the Merits; struck out five (5) Communications for
lack of diligent prosecution; and proceeded with the withdrawal of three
(3) Communications. The Commission also provided the Secretariat with
guidance on seven (7) Communications.
VII.
APPLICATIONS FOR OBSERVER AND AFFILIATE STATUS
25. During the reporting period, the Commission granted Affiliate Status to the
National Human Rights Commission of South Sudan, in accordance with
the Resolution on Granting Affiliate status to National Human Rights
Institutions and other specialised human rights institutions in Africa. Thus,
the total number of institutions with Affiliate Status with the Commission is
twenty-nine (29).
26. The Commission granted Observer Status to one (1) non-governmental
organisation (NGO): Humanity, Action, Knowledge, Integrity Africa
(Haki Africa). This brings the total number of NGOs, which have Observer
Status with the Commission to five hundred and eighteen (518).
27. It is worth mentioning that, during its 24th Extraordinary Session held from
30 July to 8 August 2018 in Banjul, The Gambia, the Commission withdrew
the Observer status granted to CAL, in compliance with the various
decisions of the Executive Council in this regard.
VIII. STATE COMPLIANCE WITH THE COMMISSION’S DECISIONS,
REQUESTS FOR PROVISIONAL MEASURES AND LETTERS OF
URGENT APPEAL
28. The level of compliance by State Parties with the Commission’s Decisions,
Requests for Provisional Measures and Letters of Urgent Appeal is
relatively low, as evidenced by the following information:
Decisions on Communications
29. During the reporting period, the Commission did not receive any
information regarding the implementation of its decisions on
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Communications, in accordance with Rule 112 of its Rules of Procedure of
2010.
Letters of Urgent Appeal
30. During the reporting period, twenty-five (25) Letters of Urgent Appeal
were sent to State Parties, regarding allegations of human rights violations.
As reflected in the table below, of these Letters of Urgent Appeal, the
Commission noted that measures were taken for ……. (….) of them and
…… (....) State Parties responded to indicate that they had taken into
consideration the matters raised in the Urgent Appeal.
State
1. Egypt
2. Cameroon
3. Congo
4. Uganda
5. Sudan
6. Egypt
7. South Africa
Date
of Issue warranting Letter of Urgent Appeal
Letter
1/05/2018
Arrest and sentencing of the activist Adel
Sabri for deploring the deterioration of
living conditions in the country.
3/5/2018
Arrest of five human rights defenders
accused of homosexual acts and who were
allegedly threatened with forced anal
examinations to “prove” their homosexual
acts.
08/05/2018 Arrest and detention of about twenty
activists of the Ras-le-Bol citizens’
movement on 7 May 2018 in Pointe-Noire,
following a peaceful protest to raise
awareness and denounce the wave of
political trials ongoing in Congo.
08/05/2018 Attack and death threats against Tom
Bagoole and Esther Bagoole on 1 May 2018
at their home by several men armed with
revolvers and machetes.
11/5/2018
The purported execution of a young 19-year
old Sudanese women, Noura Husein, for
killing her husband who had raped her.
14/05/2018 Arrest and detention of Mrs Amal Fathy by
the State Security Prosecution on 13 May
2018, accused of “joining a terrorist group
and using the internet to call for terrorist
acts” and “spreading false news and
rumours to disrupt public security and
harm national interests”.
16/05/2018 Allegations of infringement on the freedom
of expression and the right to security of the
human rights defender Thabiso Zulu, who
was threatened and intimidated by certain
individuals whom he had denounced for
their corrupt practices.
State Party Response
The State is yet to
respond.
The State is yet to
respond.
The State is yet to
respond.
The State is yet to
respond.
The State is yet to
respond.
The State is yet to
respond.
The
State
acknowledged receipt
of the Letter of Urgent
Appeal and indicated
that the matter has
been transferred to
the
relevant
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8. Egypt
21/05/2018
9. Ghana
23/6/2018
10. Cameroon
05/07/2018
11. Mauritania
1/8/2018
12. Congo
3/8/2018
13.
Sudan
South 8/8/2018
14. Botswana
11/10/2018
15. DRC
18/10/2018
16. DRC
22/10/2018
17. Togo
22/10/2018
18. DRC
22/10/2018
19.
Faso
Burkina 22/10/2018
authorities to be dealt
with.
Arrest and detention, by the State Security The State is yet to
Prosecution,
of
Maitre
Haytham respond.
Mohamadeen for fifteen (15) days pending
detailed investigations into accusations of
“supporting a terrorist organisation to
achieve its objectives” and “calling for an
illegal protest”.
The Right To Information Bill currently The State is yet to
under consideration at the level of the respond.
Parliament.
Arbitrary arrest and detention of 18 people The State is yet to
during the repression by the Government of respond.
the “Anglophone crisis” in the northwest
and southwest regions.
Infringements on the freedom of movement The State is yet to
and association of 5 human rights defenders respond.
prevented from travelling on 22 July 2018 to
participate in the 64th Session of the UN
Committee Against Torture held from 23 to
25 July 2018 in Geneva.
Death of thirteen (13) young people The State is yet to
detained at the Public Security camp in respond.
Chacona, Mpila in the 6th district of
Brazzaville, Talangai
Arrest and detention of Mr Peter Biar Ajak,
The
State
eminent South Sudanese academic and
acknowledged receipt
activist.
of the Letter of Urgent
Appeal.
Execution of Mr Uyapo Polok
The turnaround time
for responding has
not
expired;
an
update
will
be
required prior to the
submission of this
report.
Persistent massacres against civilian Idem
populations in Beni, North Kivu province in
the Democratic Republic of Congo.
Attacks and threats against Mr Jean Idem
Chrysostome Kijana and Mr Gentil Safari,
human rights defenders.
Arrest and detention of four human rights Idem
defenders in Togo
Detention, ill treatment and charges against Idem
the human rights defender Elias Bizimungu
Rwaramba.
Arrest of Mrs Safiatou Lopez (née Zongo) Idem
suspected of being involved in the
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20. Angola
23/10/2018
21. Uganda
23/10/2018
22. Cameroon
28/10/2018
23. Algeria
28/10/2018
24. Burundi
30/10/2018
25. Burundi
31/10/2018
attempted escape of some human rights
activists.
Deportation of hundreds of thousands of
DRC nationals from Lunda-Norte province
and the death of about ten of them during
‘Operation Transparency’, targeted at illegal
immigrants suspected of being involved in
diamond trafficking.
Break-in at the headquarters of the human
rights organisation, Twerwaneho Listeners
Club (TLC), and intimidation of its
members.
Enforced disappearance of Mr Franklin
Mowha, the president of the association
Frontline Fighters for Citizens Interests.
Allegations of arbitrary arrest and detention
of Mr Salim Yezza, activist and supporter of
the cause of the Algerian Berber population.
Arrest and detention of Mr Aimé Constant
Gatore, Mr Marius Nizigama and Mr
Emmanuel Nshimirimana, focal points of
the organisation Parole et Action pour le
Réveil des Consciences et l’Évolution des
Mentalités (PARCEM) in the province of
Muramvya, Burundi.
Sentencing of Mr Nestor Nibitanga, human
rights defender and Head of APRODH
(Burundian association for the protection of
human rights and detained persons), to 5
years in prison.
Idem
Idem
Idem
Idem
Idem
Idem
IX.
LETTERS OF APPRECIATION
31. During the reporting period, five (5) letters of appreciation were sent to
Heads of State and Government as follows:
State
Date
Letter
1. Burkina Faso
8/6/2018
of Positive development
Appreciation
warranting
Letter
of
Abolition of the death penalty in the country.
2. Equatorial Guinea 6/7/ 2018
Amnesty granted to all political prisoners and
human rights defenders who, in the performance
of their duties, were arrested on grounds of
political crime.
3. Rwanda
Conditional release granted to over 2,000
prisoners in Rwanda, including political
26/9/2018
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opponents.
4. The Gambia
11/10/2018
Ratification of the Second Optional Protocol to
the International Covenant on Civil and Political
Rights aiming at the abolition of the death
penalty, on 25 September 2018.
5. Zimbabwe
1/11/2018
The decision of the High Court of Zimbabwe to
award compensation to Mrs Jestina Mungareva
Mukoko, a woman human rights defender in
Zimbabwe.
X.
STATEMENTS AND PRESS RELEASES
32. In addition to the various Press Releases issued by the Commission and its
Special Mechanisms regarding promotion missions conducted, activities
and meetings organized, during the reporting period, the Commission also
issued seventeen (17) Press Releases relating to various human rights
issues. The Press Releases are available on the website of the Commission:
www.achpr.org.
XI.
ADOPTION OF OTHER RELEVANT DOCUMENTS
Guidelines on Referral of Cases to the African Court
33. The Commission adopted the Guidelines on Referral of Cases to the
African Court in an effort to strengthen its protection mandate.
XII.
PROMOTION AND FACT-FINDING MISSIONS
34. As part of its mandate to promote and protect human and peoples’ rights in
Africa under Articles 45 and 58 of the African Charter, the Commission
conducted the following missions during the reporting period:
a. Promotion mission to the Republic of Botswana (9 to 13 July 2018);
b. Promotion mission to the Republic of Guinea Bissau (16 to 20 July
2018);
c. Promotion mission to the Republic of South Africa (3 to 8 September
2018);
d. Promotion mission to the Republic of Tunisia (17 to 22 September
2018);
e. Advocacy visit to the Federal Republic of Nigeria (24 to 27
September 2018);
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f. Visit to camps of internally displaced persons in Maiduguri in
Nigeria (25 to 28 September 2018); and
g. Promotion mission to the Kingdom of Lesotho (8 to 14 October
2018).
35. The Commission expresses its gratitude to these States for authorising these
missions and ensuring their smooth conduct.
36. The Commission also avails itself of this opportunity to express its
gratitude to the People's Democratic Republic of Algeria and the Republic
of South Sudan for their favourable response to the Commission’s requests
for authorisation to conduct promotion missions in these countries.
37. It reiterates its request to the Governments of the United Republic of
Tanzania, the Republics of Kenya, Cabo Verde, Equatorial Guinea,
Mozambique, São Tomé and Principe, Zambia, Liberia, Ghana and Ethiopia
to authorise the conduct of promotion missions to their respective
countries.
XIII. THE HUMAN RIGHTS SITUATION ON THE CONTINENT
38. This section was introduced 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.
Positive developments
39. The Commission notes with appreciation the following major positive
human rights developments observed during the reporting period:
i.
The ratification, by the Republic of The Gambia, of the Convention
against Torture and Other Cruel, Inhuman or Degrading Treatment
or Punishment; the Second Optional Protocol to the International
Covenant on Civil and Political Rights aiming at the Abolition of the
Death Penalty; the International Convention for the Protection of all
Persons from Enforced Disappearance; the submission of the
declaration under Article 34 (6) of the Protocol to the African Charter
on the establishment of the African Court on Human and Peoples’
Rights (the African Court), enabling individuals and Non16 | P a g e
ii.
iii.
iv.
v.
vi.
vii.
viii.
ix.
x.
xi.
xii.
xiii.
xiv.
xv.
Governmental Organisations to directly refer matters to the Court;
and the establishment of the Truth, Reconciliation and Reparations
Commission;
The ratification of the Protocol to the African Charter on Human and
Peoples’ Rights on the Rights of Older Persons by the Kingdom of
Lesotho;
The ratification of the Optional Protocol to the Convention against
Torture and other cruel, inhuman or degrading treatment or
punishment by Cameroon;
The ratification of the Protocol to the African Charter on Human and
Peoples’ Rights on the Rights of Women in Africa by Tunisia as well
as the adoption of a law against racial discrimination;
The abolition of the death penalty in Burkina Faso and the decision
of the Constitutional Court of Kenya on the unconstitutionality of
the death penalty;
The reconciliation between opposition parties and those behind the
ruling party as well as the easing of the post-electoral political
climate in Kenya;
The amnesty granted by the authorities in Equatorial Guinea to all
political prisoners and human rights defenders who, in the
performance of their duties, were arrested on grounds of political
crime;
The decriminalisation of abortion in Rwanda, which will now be
authorised under pro-human rights conditions laid down by law;
The conditional release of over 2,000 prisoners in Rwanda, including
political opponents;
The amnesty granted by the Ivorian authorities to about 800
individuals prosecuted or convicted for offences in relation to the
2010 crisis or other offences;
The measures taken by the Governments of Sierra Leone and Malawi
to further ensure the realisation of the right to education for children
in their respective countries;
The measures taken by the Liberian authorities to facilitate access to
higher education for young people;
The measures adopted by Ethiopia to promote peace-building,
democratic change and human rights, including the signing of a
peace and disarmament agreement with armed opposition groups,
the establishment of a gender-balanced Cabinet, the election of the
first female President of Ethiopia and the opening of political space
for opposition parties;
The rapprochement between Eritrea and Ethiopia, the opening of
borders and embassies and compliance with the provisions of the
conflict resolution agreement signed between the two countries;
The establishment of an Inter-Ministerial Committee on Land
Reform in South Africa to coordinate and implement measures to
accelerate the redistribution of land;
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xvi.
xvii.
The willingness of certain States, including Malawi, to expand civil
society space for constructive and increasing dialogue with the
Government and the gradual adoption of laws to decriminalise petty
offences;
Progress made in the setting up of the Hybrid Court for the
prosecution of perpetrators of human rights violations and the
appointment of 8 women judges to the Military Courts to deal with
cases of gender-based violence in times of armed conflict in South
Sudan.
Areas of concern
40. The Commission notes with concern the following human rights challenges
observed during the reporting period:
i.
ii.
iii.
iv.
v.
vi.
vii.
viii.
ix.
x.
xi.
The low rate of ratification of the Protocol to the African Charter on
Human and Peoples’ Rights on the Rights of Older Persons in Africa
and that on the Rights of Persons with Disabilities;
The low rate of submission of reports under Article 26 of the Maputo
Protocol and Article 14 (4) of the Kampala Convention by Member
States;
The security situation in the Sahel region and its impact on the rights of
populations to a general satisfactory environment favourable to their
development;
The military attacks referred to as the ‘liberation of Derna’, a
stronghold of radical Islamists, which have wreaked havoc in Libya;
The deportation during ‘Operation Transparency’ and violation of the
rights of hundreds of thousands of Congolese nationals (DRC) residing
illegally in the Lunda-Norte province and suspected of being involved
in diamond trafficking, as well as the death of about ten of them;
The political turmoil in Togo and post-electoral protests following the
recent presidential elections in Mali and the municipal and local
elections in Côte d’Ivoire;
The persistent crisis situation in English-speaking Cameroon worsened
by the numerous human rights violations;
The political crisis in the DRC as well as the repeated attacks against
civilian populations, particularly in Béni;
The persistence of the political crisis in Burundi and the suspension,
from 1 October 2018, of the activities of all foreign non-governmental
organisations;
The rebellion, terrorism and conflicts between communities in the Sahel
region, specifically in Mali, Niger and in the north of Nigeria, which
continue to endanger the lives of indigenous communities as well as
their livelihoods;
The policy of ‘villagisation’ in Ethiopia and the lack of legal recognition
of the rights of herders to land in Eritrea which continue to have
negative consequences and often lead to the expropriation of land used
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xii.
by indigenous populations without any prior consultation or
compensation; and
Repeated reprisals against human rights defenders in Africa,
particularly in Togo, with the shutting down of several radio stations,
in the DRC, Tanzania and Egypt.
XIV. ADMINISTRATIVE AND FINANCIAL SITUATION
Construction of the Commission’s Headquarters
41. Pursuant to Decision EX.CL/995(XXXII), the host Government was
requested to expedite the finalisation of the process of constructing the
Headquarters and to report on progress made. It is worth noting that there
was no concrete progress during the reporting period.
42. It will be recalled that the host country established a special task team to
hold discussions with the Commission on its requirements for the
construction of the ACHPR headquarters. The proposals made by the task
team have been forwarded to the AUC for feedback, as the Secretariat does
not have any knowledge in architecture-related matters.
Staffing
43. The Commission welcomes the efforts made by the Administration and
Human Resources Management Department of the AUC in terms of
recruitment during the reporting period. Four (4) regular positions at the
ACHPR Secretariat were filled, namely: a Documentation Assistant, an ICT
Officer, an Administrative Assistant and a Senior Human Resources and
Administrative Officer. Interviews have been held for the positions of
Deputy Secretary, Human Resources Assistant and Bilingual Secretary. Prescreening for the positions of Public Relations and Information Officer and
Translator/Interpreter (P4) is planned this year.
44. During the reporting period, no recruitment was made under the PANAF
Programme and several positions are still vacant. Planned interviews for
the position of French reviser were postponed indefinitely. This situation is
of concern as it puts the Commission at risk of losing the opportunities
afforded by this programme which commenced in 2017 and will end in
2019 without the Commission having benefitted from the expertise of staff
planned under the programme.
45. The long-term solution proposed to address delays in recruitment
processes would be to grant the Commission’s request for autonomy with
regard to recruitment.
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XV.
IMPLEMENTATION OF THE DECISIONS OF THE EXECUTIVE
COUNCIL AND ON THE REPORT OF THE JOINT RETREAT
BETWEEN THE PRC AND ACHPR
A. Withdrawal of the Observer Status granted to the NGO called Coalition of
African Lesbians (CAL)
46. It will be recalled that Executive Council Decisions Ex.CL/887(XXVII) and
EX.CL/Dec.995(XXXII) adopted respectively on the 38th and 43rd Activity
Reports of the Commission requested the latter to withdraw the Observer
Status granted to the NGO called Coalition of African Lesbians (CAL).
Executive Council Decision EX.CL/Dec1015(XXXIII) of June 2018 on the
Joint Retreat of the Commission and the PRC reiterated the request for the
Commission to withdraw the Observer Status from the NGO CAL, no later
than 31 December 2018. In compliance with this Decision, at its 24th
Extraordinary Session held from 30 July to 8 August 2018 in Banjul, The
Gambia, the Commission withdrew the Observer Status granted to CAL
and notified the latter thereof.
B. Governance Structure of the Commission and Emoluments of Elected
Officials
47. Executive
Council
Decisions
EX.CL/Dec.974
(XXXI)
and
Ext/EX.CL/Dec.1(XIII) specifically request the AUC to come up with a
proposal to harmonize the remuneration of elected Officials of AU Organs
for consideration and adoption. Members of the Commission and the
Commission’s Bureau undertake the bulk of their thematic mandates and
oversight over the Secretariat during the inter-session. Yet, they work on a
part-time basis, which tends to have an adverse impact on the ability of the
Commission to implement its work fully. Furthermore, the Commission’s
continuous mandate of monitoring and responding to emerging human
rights situations on the continent makes it imperative that the Chairperson
of the Commission should be based at the Secretariat of the Commission on
a full-time basis.
48. It is therefore necessary that the Chairperson of the Commission be
appointed on a full-time basis. The ongoing harmonization of emoluments
of elected officials should also be finalized expeditiously. In the meantime,
Commissioners should be paid a monthly duty allowance in light of the
volume of work during the inter-session. In this regard, Decision…. on
monthly duty allowances should be applied to the Commissioners within
the limit of the relevant budget.
C. AU Commission Mission to Banjul
49. The AUC mission to the Secretariat of the Commission, authorised by
Decision EX.CL/Dec.974(XXXI), to assess governance and accountability
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issues in the ACHPR was conducted from 27 August to 14 September 2018.
The Commission has received the draft report for observations. The report
should be submitted for consideration to the PRC in November 2018 and to
the Assembly in February 2019.
D. Mission to the territory of the Sahrawi Arab Democratic Republic or
Western Sahara under the control of the Kingdom of Morocco
50. The Executive Council, in its Decision EX.CL/995(XXXII) on the 43rd
Activity Report of the Commission, called on Morocco to engage in
dialogue with the ACHPR towards facilitating the conduct of the
Commission’s mission to the territory of the Sahrawi Arab Democratic
Republic or Western Sahara under the control of Morocco. In February
2018, a follow-up letter was sent to Morocco by the Chairperson of the
Commission indicating that the latter is open to any practical measures
proposed to implement the Decision of the Executive Council. The
Commission looks forward to Morocco’s response on this matter.
E. Fact-Finding Mission to the Republic of Libya
51. The Chairperson of the African Union Commission had requested the
African Commission to conduct a mission to the Republic of Libya to
investigate allegations of migrants being traded as slaves in this country.
The Commission has received authorisation from the Libyan authorities to
conduct the mission. However, the security situation on the ground and
structural weaknesses have not allowed the African Commission to
conduct this mission.
F. Implementation of Executive Council Decisions on the Joint Retreat of the
Commission and the PRC (EX.CL/Dec1015(XXXIII))
1. Pursuant to Executive Council Decision EX.CL/1015(XXXIII) on the Report
of the Joint Retreat of the Permanent Representatives’ Committee and the
Commission, particularly with regard to the adoption of a Code of
Conduct for Members of the Commission, the latter believes that the AU
Code of Ethics and Conduct (2017) is also applicable to the Commissioners
and that the adoption of another Code would amount to needless
duplication.
2. To strengthen the provisions of the Code of Ethics and Conduct (2017), the
Commission will include in its Rules of Procedure, a corresponding rule to
Rule 22 on “Confidentiality” as well as other relevant provisions.
XVI. DATES AND VENUE OF THE 25th EXTRAORDINARY SESSION
AND THE 64th ORDINARY SESSION OF THE COMMISSION
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3. The 25th Extraordinary Session of the Commission will take place from 19
February to 5 March 2019, in Banjul, The Gambia; and the 64th Ordinary
Session will take place from 24 April to 14 May 2019, in Cairo, Egypt.
4. The Commission expresses its appreciation to the Government of The
Gambia for hosting the 63rd Ordinary Session and for its various
contributions in the organisation of this Session. It also commends State
Parties that have already hosted Sessions of the Commission; Egypt for
offering to host the 64th Ordinary Session of the Commission; and takes
note of Lesotho, Malawi and eSwatini who have offered to host subsequent
Sessions of the Commission.
XVII. RECOMMENDATIONS
5. In light of the foregoing, the Commission recommends as follows:
a) To State Parties:
i. Ratify, implement and domesticate the various human rights instruments
of the AU; in particular, the Protocol to the African Charter on Human and
Peoples’ Rights on the establishment of the African Court on Human and
Peoples’ Rights, the Maputo Protocol, the Kampala Convention, 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, and the Protocol on Free Movement;
ii. Submit their Periodic Reports in compliance with Article 62 of the African
Charter; Article 26 of the Maputo Protocol; and Article 14 of the Kampala
Convention;
iii. Provide the Commission with all relevant information on the measures
taken to implement its decisions in accordance with Rule 112 of its Rules of
Procedure, as well as respect and implement the Provisional Measures
issued by the Commission;
iv. Respond to Urgent Letters of Appeal sent by the Commission;
v. Accede to the Commission’s requests to undertake missions in their
countries;
vi. Take all legislative and other measures to address the various areas of
concern highlighted by the Commission; and
vii. Consider hosting Ordinary Sessions of the Commission.
b) To the Kingdom of Morocco:
i. Ratify the African Charter and grant the Commission authorisation to
undertake the mission mandated by Executive Council Decision
EX.CL/Dec. 689(XX);
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ii. Engage in dialogue with the Commission towards facilitating the conduct
of the mission as mandated by Decision EX.CL/Dec.995(XXXII).
c) To the AUC:
i. Approve the commencement of the process of appointing the Chairperson
of the ACHPR on a full-time basis, and expeditiously finalize the ongoing
review and harmonization of the emoluments of elected officials;
ii. Finalise implementation of various Executive Council Decisions calling for
expedited recruitment to the vacant positions in the Secretariat, and more
particularly recruitment of Arabic and Portuguese Legal Officers and
Translators as per Decision EX.CL/Dec.974(XXXI);
iii. Grant the Commission’s request for autonomy with regard to recruitment;
and
iv. Establish a mechanism to ensure implementation of the Commission’s
Decisions by State Parties.
d) To the Assembly of Heads of State and Government:
i.
ii.
Assist the Commission in obtaining authorisation from the Kingdom of
Morocco to undertake the requested mission;
Take the necessary security measures for the conduct of the fact-finding
mission to Libya.
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