AFRICAN UNION
UNION AFRICAINE
UNIÃO AFRICANA
African Commission on 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
Final Communiqué of the 66th Ordinary Session of the
African Commission on Human and Peoples’ Rights
Virtual Session
13 July – 7 August 2020
1
1. The African Commission on Human and Peoples’ Rights (the Commission) held a
66th Ordinary Session (the Session) virtually from 13 July to 7 August 2020, on
account of the ongoing COVID 19 Pandemic.
2. The Opening Ceremony was graced by the virtual presence of H.E Minata Samate
Cessouma, Commissioner for Political Affairs of the African Union Commission
(AUC), representing H.E Moussa Faki Mahamat, Chairperson of the AUC who
declared the Session open.
3. The Session was chaired by Honourable Commissioner Solomon Ayele Dersso,
Chairperson of the Commission, assisted by Honourable Commissioner Rémy
Ngoy Lumbu, Vice-Chairperson.
4. The following Members of the Commission participated in the Session:
i.
ii.
iii.
iv.
v.
vi.
vii.
viii.
ix.
x.
xi.
Honourable Commissioner Solomon Ayele Dersso; Chairperson
Honourable Commissioner Rémy Ngoy Lumbu; Vice Chairperson
Honourable Commissioner Sylvie Kayitesi Zainabo;
Honourable Commissioner Maya Sahli-Fadel;
Honourable Commissioner Jamesina Essie L. King;
Honourable Commissioner Hatem Essaiem;
Honourable Commissioner Maria Teresa Manuela;
Honourable Commissioner Alexia Gertrude Amesbury.
Honourable Commissioner Mudford Zachariah Mwandenga;
Honourable Commissioner Marie Louise Abomo; and
Honourable Commissioner NDiamé Gaye.
5. Speaking on behalf of the Non-Governmental Organisation (NGO) Forum Steering
Committee, Mrs. Hannah Foster indicated that since the outbreak of the COVID19 pandemic in December 2019, human rights violations have remained a major
concern across the globe. She highlighted that in the wake of the pandemic, there
have been reported cases of systematic harassment of human rights defenders; the
formulation and implementation of legislations to curb the enjoyment of
fundamental freedoms; the restriction of freedom of expression through the
criminalization of bloggers and internet restrictions; and a rise in genderbased violence
caused
by
lockdown
measures. She
indicated that the overcrowding of prisons due to non-observance of judicial
guarantees and minimum standards in respect of remand detainees, continue to
create health challenges which are exacerbated by the COVID–19 pandemic. She
called on the Commission to urge Member States to respect and implement the
International Minimum Standards on Prison Conditions and the Treatment of
Prisoners.
6. In conclusion, she congratulated the Commission for all successes
recorded in the fulfilment of its mandate, especially on being the first African
Union (AU) Organ to issue a Press statement drawing attention to the existence of
2
COVID-19 and identifying the need to adopt a human rights-based approach to
the pandemic.
7. Mr. Mohammed Fayek, Chairperson of the Network of African National Human
Rights Institutions (NANHRI), delivering a statement on behalf of the NANHRI,
indicated that National Human Rights Institutions (NHRIs) have been at the
forefront in supporting the work of the Commission, particularly as it relates to the
recently adopted Rules of Procedure of the Commission 2020. He recognized the
requirement for State Parties to designate focal points to interact with the
Commission, a stipulation he indicates will go a long way in supporting the
follow-up to the implementation of the Commission’s decisions. Mr. Fayek noted
with concern the brutal enforcement of quarantine measures by States in an effort
to curb the spread of the COVID-19 pandemic. He assured the Commission of
NANHRI’s utmost commitment to improving the human rights situation
in Africa, and called for a pluralistic and consultative process in ensuring a global
and sustainable approach to human rights issues.
8. Prof. Benyam Mezmur, Special Rapporteur on Children and Armed Conflict of
the African Committee of Experts on the Rights and Welfare of the Child, stated
that as the COVID-19 outbreak continues to affect the socio-economic stability
across
the
continent,
children
being
the
most
vulnerable
are disproportionately affected by the emergency and lock down measures
adopted by States. He expressed concern that millions of children are out of school
as a result of the pandemic. He further stated that the pandemic is likely to result
in a devastating effect on family functioning by limiting sources of income for
households, resulting in limited access to nutritious food and healthcare for
children. In addressing these challenges, Prof. Mezmur indicated that State Parties
would benefit from the guidance of both the Commission and the African
Committee of Experts on the Rights and Welfare of the Child. He further indicated
that the African Committee of Experts on the Rights and Welfare of the Child
issued a Guidance Note to Member States based on the norms of the African
Charter on the Rights and Welfare of the Child, to assist States in ensuring that
children’s rights and welfare are not neglected or violated in the process of
enforcing emergency protocols adopted in a bid to curb the spread of the virus.
9. In his Statement, Honourable Justice Sylvain Oré, President of the African Court
on Human and Peoples’ Rights (the African Court) observed that the holding of
the 66th Ordinary Session shortly after experimenting with a virtual Session during
its 28th Extra-Ordinary Session, is a testimony by the Commission in its relentless
commitment for the course of human rights in Africa. He highlighted the
complementarity relationship between the Commission and the African Court
which he noted is budding slowly and steadily.
10. Honourable Justice Oré recognized the importance of the role of the Commission
to ensure the promotion and protection of human rights during the COVID-19
pandemic, and commended the Commission for its Press Statement on human
rights based effective response to the novel COVID-19 in Africa published on 24
March 2020. He observed that the Press Statement was an efficient response in
3
human rights protection within the context of COVID-19 which amongst other
things, gives directions to State Parties to place human rights in the heart of their
responses to COVID-19, as well as adopt guidelines on different responses brought
by States to COVID-19.
11. Honourable Justice Oré stated that achievements of previous mandate holders
have given room for hope, and wished the Commission success in its deliberations.
12. In his opening statement, the Chairperson of the Commission, Honourable
Commissioner Solomon Ayele Dersso commenced his statement by welcoming
all stakeholders to the Session. He indicated that the work of the Commission has
become urgent in the wake of the COVID-19 pandemic, as opposed to conventional
times. He elaborated that COVID-19 and its consequences have excavated and
brought to the fore, the socio-economic deprivations afflicting the masses. A
deprivation which he emphasized, has left communities without access to water,
sanitation, housing, education and sustainable employment vulnerable to the
scourge of the pandemic.
13. He noted that the nature of the COVID-19 response measures adopted and
enforced by States have given rise to a wide range of governance and human rights
issues. He raised the concern that States face the danger of the COVID-19
pandemic descending into a human rights crisis. He highlighted that it is for this
reason that the Commission issued a Press Statement which provides guidelines
on the effective response to the novel COVID –19 pandemic in Africa on 24 March
2020. This he stated was to address issues of excessive restrictions of rights,
excessive use of force and many other human rights violations which had been
reported in the course of the pandemic.
14. He noted the economic implications brought on by the COVID-19 pandemic: the
disruption of the chain of supply, the fall in demand and the suspension of
activities within the airline and tourism sector, which has resulted in revenue loss
for most African Countries. He emphasized that global solidarity involving
economic relief measures, together with national mitigation measures directed at
strengthening Africa’s healthcare system, food supplies, alleviating financial crisis,
supporting education, protecting jobs, and keeping households and business
afloat, are the prerequisite necessary to prevent the socio-economic consequences
of COVID-19 pandemic, from descending into a human rights catastrophe.
15. Delivering the opening statement on behalf of H.E Moussa Faki Mahamat,
Chairperson of the AUC, H.E Mrs. Minata Samate Cessouma, Commissioner for
Political Affairs of the AUC, welcomed the election of the Chairperson of the
Commission, and the new Members of the Commission. She also extended
appreciation to the Ag. Executive Secretary to the Commission, Ms. Lindiwe
Khumalo and staff of the Secretariat for the organization of the Session.
16. Mrs. Cessouma indicated that due to the emerging challenges facing the African
continent especially during the COVID-19 pandemic, there is need for State Parties
to redouble their efforts to ensure that African citizens are not deprived of their
4
socio-economic rights. She recalled the AU decision declaring this decade, a
Decade for Human and Peoples’ Rights and its 10 year Plan of Action focusing on
the need to promote human rights in Africa. Mrs. Cessouma observed that the
African continent is already facing many challenges as mentioned by the
Chairperson of the Commission, which have been exacerbated by COVID-19. She
stated that it is now high time for Member States to intensify their efforts in
individual and collective levels so as to ensure that rights are protected by giving
effect to all human rights instruments and legal mechanisms. She highlighted
Aspiration No. 3 of Agenda 2063-An Africa with good governance; democracy and
respect for human rights, which is necessary in building a culture of human rights,
and to safeguard a unified prosperous Africa. Aligned to this, she called on
Member States to work together and cooperate with all AU Organs they have
established to ensure that human rights are fully consolidated and become a reality
in Africa. She also urged Member States to submit regular reports, so as to be in
sync with the principles that are enshrined in human rights instruments on shared
values.
17. In addition, she stated that Member States of the Union have a responsibility to
ensure that their responses are all inclusive and non-discriminatory. She
emphasized that Member States should support the Commission as it adopts
measures and recommendations for the promotion and protection of human rights
on the continent, to assist Members States to have an inclusive approach to human
rights and respond adequately to the corona virus.
18. Mrs. Cessouma stated that she is convinced discussions and conclusions of the
Session will improve the efficiency of the African human rights system, and in
conclusion, she declared the Session open.
19. During the public session, the Commission held a special Session on Major
Human Rights Issues Arising in the Context of COVID-19 and Measures
undertaken by the Commission in Response. This Session gave an opportunity
to Members of the Commission to make reflections on actions that have been taken
in their various capacities, to address human rights challenges occasioned by
COVID-19 on the continent.
20. The Commission also held a Panel Discussion on Human Rights and COVID-19,
on the theme “Making human rights a priority during and after COVID-19.” The
Panel, made up of Representatives of States, NHRIs, and Civil Society
Organizations, underscored the necessity for ensuring that the COVID-19 response
measures do not lead to violations of rights for addressing structural
vulnerabilities of Member States, including inequalities in all its various forms.
21. A total of three hundred and thirty-five (335) delegates participated in the Session:
eighty-eight (88) representing State Parties from seventeen (17) countries; three
(3) representing AU Organs, thirty-eight (38) representing NHRIs; one (1)
representing International and Inter-Governmental Organizations; one hundred
and eight-nine (189) representing African and International NGOs; fourteen (14)
representing other observers and two (2 ) representatives from the media.
5
22. Representatives of the following nine (9) State Parties made statements on the
human rights situation in their countries (with special focus on human and
peoples’ rights in the context of COVID-19): Republic of Angola; Democratic
Republic of Congo; Arab Republic of Egypt; Republic of Eritrea; Republic of
Gabon; Republic of Malawi; Republic of Rwanda; United Republic of Tanzania;
and Sahrawi Arab Democratic Republic.
23. Representatives of the following six (6) NHRIs also made statements on the human
rights situation in Africa (with special focus on human and peoples’ rights in the
context of COVID-19): Sahrawi National Human Rights Commission; National
Human Rights Commission of Rwanda; National Human Rights Commission of
Algeria; National Commission for Human Rights and Liberties of Cameroon;
National Human Rights Commission of Kenya; and National Human Rights
Commission of Nigeria.
24. A Representative of NANHRI also made a statement on the human rights situation
in Africa ( with special focus on human and peoples’ rights in the context of
COVID-19)
25. A total of twenty-nine (29) NGOs with Observer Status with the Commission
equally made statements on the human rights situation in Africa (with special
focus on human and peoples’ rights in the context of COVID-19).
26. One (1) International Organisation made a statement on the human rights
situation in Africa (with special focus on human and peoples’ rights in the context
of COVID-19): International Committee of the Red Cross.
27. The Right of States to Reply was observed by three (3) State Parties: The Republic
of Angola; the Arab Republic of Egypt; and the United Republic of Tanzania.
28. The Commission reported on the status of its relationship and cooperation with
NHRIs and NGOs, and gave an update on the status of submission of activity
reports by NHRIs and NGOs.
29. The Commission granted Observer Status to two (2) NGOs, in accordance with
the Resolution on the Criteria for Granting and Maintaining Observer Status to
Non-Governmental Organizations working on Human and Peoples’ Rights in
Africa, namely:
i.
ii.
Human Rights Documentation and Traning Centre; and
Centre for Rights Education and Awareness.
30. The Commission deferred consideration of one (1) Application for Observer Status
from the National Coalition of Human Rights Defenders–Uganda.
31. This brings the total number of NGOs with Observer Status with the Commission
to five hundred and twenty-five (525).
6
32. The Commission gave an update on the Status of Submission of Periodic Reports
by State Parties.
33. In accordance with Article 62 of the African Charter, the Commission considered
the Combined 9th and 10th Periodic Report under the African Charter of the
Republic of Mauritius (2016 to 2019).
34. The following Members of the Commission presented their intersession reports
highlighting the activities undertaken in their capacities as Commissioners and
mandate holders of Special Mechanisms:
i.
ii.
iii.
iv.
v.
vi.
vii.
viii.
ix.
x.
xi.
xii.
xiii.
xiv.
The Chairperson reporting on his activities as the Chairperson of the
Commission;
The Special Rapporteur on Human Rights Defenders in Africa and
Focal Point on Reprisals;
The Special Rapporteur on the Rights of Women in Africa;
The Special Rapporteur on Freedom of Expression and Access to
Information in Africa;
The Special Rapporteur on Prisons, Conditions of Detention and
Policing in Africa;
The Special Rapporteur on Refugees, Asylum Seekers, InternallyDisplaced Persons and Migrants in Africa;
The Chairperson of the Working Group on Extractive Industries,
Environment and Human Rights Violations in Africa;
The Chairperson of the Working Group on Indigenous
Populations/Communities in Africa;
The Chairperson of the Working Group on Death Penalty,
Extrajudicial, Summary or Arbitrary Killings and Enforced
Disappearances in Africa;
The Chairperson of the Working Group on Economic, Social and
Cultural Rights in Africa;
The Chairperson of the Working Group on the Rights of Older
Persons and People with Disabilities in Africa;
The Chairperson of the Working Group on Communications;
The Chairperson of the Committee for the Prevention of Torture in
Africa; and
The Chairperson of the Committee for the Protection of the Rights of
Persons Living with HIV and Those at Risk, Vulnerable to and
Affected by HIV.
35. The presentations of these Reports generated reactions, contributions and
questions from State Delegates and Civil Society Organisations.
36. During its private Session, the Commission considered the following:
i. Report on Follow-up Actions;
ii. Report of the Ag. Executive Secretary to the Commission;
7
iii. Report of the Communications Audit;
iv. Report on Status of Allotment and Execution of Budget 2020;
v. Report on Budget 2021;
vi. Working Methods of the Commission; and
vii. Brief on the state of Concluding Observations and Promotion Mission Reports.
37. Following the coming into effect of its 2020 Rules of Procedure in June 2020, the
Commission discussed the practical implementation of administrative Seizure of
Communications under the new Rules. In this regard, the Commission considered
and adopted:
i.
ii.
A Draft Guidance Note and Template for Seizures;
Secretariat’s Report on Administrative Seizures.
38. The Commission reallocated Membership of its Committees and Working
Groups amongst its Members. These reallocations are hereto annexed, and will
also be available on the website of the Commission on: www.achpr.org.
39. The Commission considered fifteen (15) Communications as follows:
i. Adopted Two (2) Communications on the Merits;
ii. Six (6) Communications on Admissibility, of which two (2) were
declared inadmissible; two (2) admissible; one (1) deferred; and one (1)
Report back from a previously deferred Communication;
iii. Seven (7) Communications on Seizure, of which one (1) was seized and
six (6) deferred to the Working Group on Communications.
40. The Commission adopted Resolutions on Special Mechanisms; Country
Resolutions; and Thematic Resolutions, which will be finalised and published on
the Commission’s website.
41. The Commission considered and adopted its 48th Activity Report, which will be
submitted to the 37th Ordinary Session of the AU Executive Council and the 35th
Ordinary Session of the AU Assembly of Heads of State and Government.
42. The Commission decided to hold its 67th Ordinary Session in Kigali, Rwanda, from
13th November to 3rd December 2020. Details of the Session will be made available
on the Commission’s website in due course.
43. The Commission expresses its sincere gratitude to State Parties, NGOs, NHRIs and
all stakeholders who participated in the maiden virtual Ordinary Session of the
Commission despite the technical glitches that hindered effective participation.
44. The Closing Ceremony of the 66th Ordinary Session took place virtually on 7
August 2020.
Done this 7th day of August 2020
8
ANNEXURE
Table of Allocation of Special Mechanisms; Countries;
Working Groups; and Committees to Members of the
Commission
9
S/N
1.
2.
3.
Name
of Country
Commissioner
Rapporteur
Hon.
- Kenya
Commissioner
- Nigeria
Solomon
Ayele - Tanzania
Dersso
- South Africa
- South Sudan
Hon.
Commissioner
Rémy
Ngoy Lumbu
-
Hon.
Commissioner
Kayitesi Zainabo Sylvie
-
Cameroon
Coté d’Ivoire
Togo
Gabon
Mali
Algeria
Seychelles
Angola
Chad
Senegal
Chairperson/Rapporteur
Membership in Committees
Special Mechanisms
& Working Groups
Chairperson
- Working Group on Specific
Working
Group
on
Issues Relating to the Work
Extractive
Industries,
of the Commission
Environment and Human
Rights Violations in Africa - Working
Group
on
Communications
-
Resolutions Committee
-
Joint Publication Committee
-
Joint Committee on Cases to
the Court
Special Rapporteur on Human Rights Defenders
and
Focal
Point
on
Reprisals in Africa
-
Working
Group
on
Indigenous
Populations/
Communities in Africa
-
Working
Group
on
Economic,
Social
and
Cultural Rights in Africa
-
Resolutions Committee
-
Working
Group
Communications
-
Advisory Committee on
Budgetary and Staff Matters
-
Addis Ababa Road Map
with the UN
Special Rapporteur on the Rights of Women in Africa
Working Group on the
Rights of Older Persons and
People with Disabilities in
Africa
Chairperson
Working
Group on Communications
10
Working
Group
on
Extractive
Industries,
Environment and Human
Rights Violations in Africa
on
4
5.
Hon.
Commissioner
Maya Sahli-Fadel
-
Hon.
Commissioner
Jamesina Essie L. King
-
Benin
Niger
Mauritania
Tunisia
Burkina Faso
Eritrea
Namibia
Somalia
The Gambia
Zimbabwe
-
Working Group on the
Death
Penalty,
Extrajudicial,
Summary
or
Arbitrary
Killings
and
Enforced Disappearances in
Africa
-
Working Group on Specific
Issues Relating to the Work
of the Commission
-
Joint Committee on Cases to
the Court
Special Rapporteur on Refugees, Asylum Seekers,
Internally
Displaced
Persons and Migrants in
Africa
-
Working Group on the
Rights of Older Persons and
People with Disabilities in
Africa
Working Group on the
Death
Penalty,
Extrajudicial,
Summary
or
Arbitrary
Killings
and
Enforced Disappearances in
Africa
-
Working Group on Specific
Issues Relating to the Work
of the Commission
-
Addis Ababa Road Map
with the UN
-
Joint Publication Committee
-
Pan African Human Rights
Institute Committee
Special Rapporteur on Freedom of Expression and
Access to Information in
Africa
Working
Group
on
Indigenous
Populations/Communities
in Africa
-
11
Resolutions Committee
6.
7.
Hon.
Commissioner
Essaiem Hatem
-
Pan African Human Rights
Institute Committee
Libya
Sudan
Madagascar
Djibouti
Mauritius
Chairperson
Committee for the Prevention of
Torture in Africa
Hon.
Commissioner
Maria
Teresa
Manuela
-
Mozambique
São
Tomè
and Prìncipe
GuineaBissau
Equatorial
Guinea
Cabo Verde
Special Rapporteur on Prisons, Conditions of
Detention and Policing in
Africa
-
-
9.
Joint Publication Committee
-
-
8.
-
Hon.
Commissioner
Marie
Louise Abomo
-
Hon.
Commissioner
Mudford
Zachariah
Mwandenga
-
Burundi
DRC
Comoros
CongoBrazzaville
Ethiopia
Ghana
Liberia
Rwanda
Malawi
Resolutions Committee
Chairperson
Advisory
Committee on Budgetary
and Staff Matters
Committee
for
the
Prevention of Torture in
Africa
Committee on the Protection
of the Rights of People
Living with HIV and those at
Risk, Vulnerable to and
Affected by HIV
-
Working
Group
Communications
-
Pan African Human Rights
Institute Committee
Chairperson
Working Group on the Rights of
Older Persons and People
with Disabilities in Africa
Chairperson
Working
Group on Specific Issues Relating to the Work of the
Commission
Working Group on Specific
Issues Relating to the Work
of the Commission
Chairperson
Working Group on Economic, Social
and Cultural Rights in
Africa
Committee on the Protection
of the Rights of People
Living with HIV and those at
Risk, Vulnerable to and
Affected by HIV
Working
Group
on
Extractive
Industries,
12
on
Resolutions Committee
Working
Group
Communications
on
Environment and Human
Rights Violations in Africa
10.
Hon.
Commissioner
Ndiamé Gaye
-
11.
Hon.
Commissioner
Alexia
Gertrude Amesbury
-
Central
African
Republic
Uganda
Sahrawi
Arab
Democratic
Republic
GuineaConakry
Sierra Leone
Chairperson
Working Group on the Death
Penalty,
Extra-judicial,
Summary or Arbitrary Killings
and
Enforced
Disappearances in Africa
Committee for the Prevention
of Torture in Africa
-
Joint Committee on Cases to
the Court (Coordinator)
Botswana
Zambia
Lesotho
Eswathini
Egypt
Chairperson
Working Group
on
Indigenous
Populations/Communities
in Africa
-
Advisory Committee on
Budgetary and Staff Matters
Chairperson Committee on
the Protection of the Rights
of People Living with HIV
and
those
at
Risk,
Vulnerable to and Affected
by HIV
13
Working
Group
on
Economic,
Social
and
Cultural Rights in Africa
Joint Publication Committee