AFRICAN UNION
UNION AFRICAINE
UNIÃO AFRICANA
Commission Africaine des Droits de l’Homme & des
Peuples
African Commission on Human & Peoples’ Rights
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
Final Communiqué of the 50th Ordinary Session of the African Commission
on Human and Peoples Rights
Banjul, The Gambia
24 October - 5 November 2011
1. The African Commission on Human and Peoples’ Rights (the African
Commission) held its 50th Ordinary Session from 24 October to 5
November 2011, in Banjul, The Gambia.
2. Honourable Commissioner Reine Alapini Gansou presided over the
Opening Ceremony of the Session, in her capacity as the outgoing
Chairperson of the African Commission.
3. The following Members also attended and participated in the Session:
• Honourable Commissioner Catherine Dupe Atoki;
• Honourable Commissioner Kayitesi Zainabo Sylvie;
• Honourable Commissioner Lucy Asuagbor;
• Honourable Commissioner Maya Sahli Fadel;
• Honourable Commissioner Soyata Maiga;
• Honourable Commissioner Pacifique Manirakiza;
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• Honourable Commissioner Med S. K. Kaggwa;
• Honourable Commissioner Yeung Kam John Yeung Sik
Yuen.
4. Honourable Commissioner Faith Pansy Tlakula attended part of the
Session and had to leave in mid-session with apologies.
5. Honourable Commissioner Mohammed Bechir Khalfallah was absent due
to illness.
6. Honourable Commissioner Yeung Kam John Yeung Sik Yuen gave a vote
of thanks on behalf of the Commission to the outgoing Chairperson of the
African Commission, Honourable Commissioner Reine Alapini Gansou.
7. Following their election to the African Commission by the 17th Assembly
of the Heads of State and Government of the African Union, in July 2011,
in Malabo, Republic of Equatorial Guinea, the following Commissioners
took their oaths of office during the 50th Ordinary Session, in accordance
with Article 38 of the African Charter on Human and Peoples’ Rights and
Rule 9 of the Rules of Procedure of the African Commission;
•
Honourable Commissioner Reine Alapini Gansou (re-elected);
•
Honourable Commissioner Faith Pansy Tlakula (re-elected);
•
Honourable Commissioner Maya Sahli Fadel;
•
Honourable Commissioner Med S. K. Kaggwa; and
•
Honourable Commissioner Pacifique Manirakiza.
8. In accordance with Article 42 of the African Charter on Human and
Peoples’ Rights, and Rules 10 and 11 of the Rules of Procedure, a new
Bureau was elected on 24 October 2011. Honourable Commissioner
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Catherine Dupe Atoki was elected as the Chairperson, while Honourable
Commissioner Kayitesi Zainabo Sylvie was elected Vice-Chairperson. The
Bureau of the Commission will serve for a term of two years in line with
Rule 12 of the Rules of Procedure of the African Commission.
9. In total, three hundred and seventy three (373) delegates participated in
the Ordinary Session. Eighty-eight (88) delegates representing twentytwo (22) State Parties, nine (9) from organs of the African Union (AU), ten
(10) delegates from National Human Rights Institutions, six (6) delegates
from International and Inter-Governmental Organizations, two hundred
and four (204) delegates from African and International NonGovernmental Organizations (NGOs), and other observers.
10. A number of parallel meetings were held prior to and on the margins of
the 50th Ordinary Session, including the following:
•
NGO Forum, from 19 to 21 October 2011;
•
Training by the Committee on the Protection of the Rights of
People Living with HIV and those at Risk, Vulnerable to and
Affected by HIV on “HIV, The Law and Human Rights,” on 19
October 2011;
•
Moot Court competition held in commemoration of Africa Human
Rights Day, on 21 October 2011;
•
Consultation Meeting on Implementing and Monitoring the
Human Rights Strategy for Africa, on 20-21 October 2011
•
Meeting of the Committee for the Prevention of Torture in Africa,
on 21 October 2011;
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•
Colloquium held in commemoration of the 30th Anniversary of the
African Charter, under the theme “Current Challenges and Future
Opportunities in the Promotion and Protection of Human Rights in
Africa,” held on 22 to 23 October 2011;
•
Meeting
of
the
Working
Group
on
Indigenous
Communities/Populations, on 22 to 23 October 2011
•
Launch of the ECOSOC Principles and Guidelines, on 24 to 25
October 2011;
•
Meeting of the Working Group on the Rights of Older Persons and
People with Disabilities in Africa, on 25 October 2011.
11. In her opening statement, Honourable Commissioner Reine Alapini
Gansou, the outgoing Chairperson of the African Commission, observed
that the 50th Ordinary Session of the African Commission was being held
at a very significant moment in history, as the 30th Anniversary of the
African Charter is being celebrated. To this end, she expressed her
gratitude to the Government of the Republic of The Gambia for hosting
this Session, in addition to having hosted previous Sessions of the
Commission as well. She noted with satisfaction that The Gambia has
hosted the Commission’s Sessions 34 times out of the 59 sessions held
since its inception.
12. Honourable Commissioner Reine Alapini Gansou reviewed the human
rights situation on the Continent and in that regard highlighted the
current human rights situation in the Republic of Guinea, Libya, Cote
d’Ivoire, Democratic Republic of Congo and Somalia, and observed that
special attention was required in all those situations. She noted that the
Commission needs to focus its efforts on prevention of human rights
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violations and protection of human rights. She also called upon the
Commission to strengthen collaborative action with all stakeholders.
13. Honourable Commissioner Reine Alapini Gansou expressed concern
regarding delays in the consideration of Communications, and called for
the strengthening of the Commission’s Secretariat which is its institutional
memory.
14. The Executive Director of the African Center for Democracy and Human
Rights Studies, Mrs. Hannah Forster, made a statement on behalf of the
NGO Forum, which took place from 19 – 21 October 2011, in Banjul, The
Gambia. Mrs. Forster noted that this year marks a significant milestone in
Africa, given that the African Charter is 30 years old and the African
Commission is almost 25 years.
15. While acknowledging the very real gains that had been made over this
period, Mrs. Forster noted that Africa still continues to face serious human
rights challenges. In that regard, she highlighted instances of serious
violations of human rights in the DRC, Egypt, Guinea Conakry, Malawi,
Mauritania, and in the Nuba Mountains of the Sudan. Mrs. Forster also
expressed concern regarding the situation of human rights defenders,
refugees and internally displaced persons, the continued application of
torture and the death penalty, and violations of the right to freedom of
expression in some parts of the continent. She concluded by reiterating
the readiness of the NGOs to collaborate with the African Commission
and the African Union as a whole in promoting human rights, good
governance and the rule of law.
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16. Speaking on behalf of the Network of African National Human Rights
Institutions (NANHRI), Ms. Lindiwe Mokate of the South African Human
Rights Commission noted that the promotion and protection of human
rights in Africa has greatly improved over the years, despite the
numerous social, economic and political challenges that continue to
confront the Continent. To this end, she called upon the AU, as an
important stakeholder in the promotion and protection of human rights,
to encourage States to ratify, domesticate and implement international
and regional instruments.
17. Ms. Mokate called attention to the new challenges facing African NHRIs,
such as the attack by demonstrators on the premises of the Egyptian
Human Rights Commission. She further expressed concern regarding
weak legal and institutional frameworks and inadequate funding for
activities and programs which undermine the effectiveness of NHRIs.
18. In a statement read on her behalf by Dr. Salah Hamad, H. E. Mrs. Julia
Dolly Joiner, Commissioner for Political Affairs for the African Union
Commission, noted the historic coincidence of the commemoration of the
30th Anniversary of the adoption of the African Charter with the 50th
Ordinary Session of the African Commission. She observed that thirty
years after the adoption of the African Charter, is an appropriate time to
take stock and reflect on the lessons learnt, one of which is that the respect
for human rights is the bedrock for sustainable development.
19. The Commissioner for Political Affairs indicated that, at their January
2011 Summit, the African Heads of State and Government dedicated 2012
as the “Year of Shared Values in Africa,” stressing that these shared values
include human rights. She called on the African Commission and all
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stakeholders to participate in the Year of Shared Values and work towards
the achievement of its objectives. She further informed the Session that
during the same Summit, the African Governance Architecture and its
Platform were adopted to support Member States in their efforts to
promote democracy, good governance and the rule of law. In her view the
launch
of
this
Platform
would
enhance
capacity
and
deepen
understanding regarding issues of human rights, democracy and
governance.
20. Speaking on behalf of the African Court on Human and Peoples’ Rights
(the African Court), Honourable Judge Fatsah Ouguergouz noted that,
since its establishment twenty-five years ago, the African Commission has
worked tirelessly for the fulfilment of its mandate of promoting and
protecting human rights on the continent. Expressing appreciation for the
cordial relations that exist between the African Court and the African
Commission, Justice Ouguergouz indicated that the two institutions had
met three times to discuss and harmonize their respective Rules of
Procedure.
21. Justice Ouguergouz observed that regarding the complementarity of their
mandates as envisaged by the Protocol establishing the African Court on
Human and Peoples Rights, the historic referral of the first case by the
African Commission to the African Court, the Commission is giving life to
the complementary relationship mandated by the Protocol. He concluded
by reiterating the Court’s commitment to work closely with the African
Commission, and other stakeholders, to enhance the protection of human
rights in Africa.
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22. Speaking on behalf of AU Member States, Honourable Edouard
Nduwimana, Minister of Home Affairs of the Republic of Burundi, noted
that the occasion of the 50th Ordinary Session provided a good
opportunity for State Parties and other partners working for the
promotion and protection of human rights to carry out an objective
evaluation of the effectiveness of the regional system of human rights, in
which the Commission plays a crucial role.
23. The Honourable Minister stated that one of the priorities of the
Government of Burundi is to promote dialogue between all the sociopolitical actors in the country. He informed the Session that the President
of the Republic of Burundi has indicated his readiness to dialogue with
civil society organisations. In this regard, the Minister highlighted some of
the important reforms which have been introduced in consultation with
its partners, including the creation of the Independent National
Commission on Human Rights and the elaboration of a new legislation on
political parties.
24. The Honourable Minister noted that, notwithstanding those efforts, there
are still many challenges with regard to the realization of human rights.
He said, for instance, one of the biggest concerns of his government is to
ensure equal access to social services for the whole population without
discrimination.
He
concluded
by
reaffirming
his
Government’s
commitment to work with the Commission and informed the Session that
his Government welcomes any visit from the members of the Commission
to the Republic of Burundi.
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25. In his Opening Statement, Honourable Edward Gomez, the Attorney
General and Minister of Justice of the Republic of The Gambia, noted that
the Government and the people of The Gambia were honoured not only to
host the momentous 50th Ordinary Session of the African Commission, but
also to host the commemoration of the 30th anniversary of the adoption of
the African Charter. He noted that thirty years after the adoption of the
African Charter, stability, democracy, good governance and the rule of
law should form the foundation of the promotion and protection of
human rights.
26. The Minister noted with appreciation the growing number of participants
at the Sessions of the African Commission, which in his view is a
testimony to the work and relevance of the Commission. He called on all
Delegates to participate fully to ensure that the deliberations of the 50th
Ordinary Session live up to the expectations of all stakeholders and
address challenges facing the African continent.
27. Honourable Edward Gomez congratulated the elected members of the
African Commission, before officially declaring the 50th Ordinary Session
open.
28. During the agenda item on the human rights situation in Africa,
statements were made by the following State Delegates on the human
rights situation in their respective countries; the Republic of Algeria, the
Republic of Angola, Burkina Faso, Arab Republic of Egypt, the Republic
of Burundi, the Republic of Cote d’Ivoire, Federal Democratic Republic of
Ethiopia, Republic of Kenya, Kingdom of Lesotho, the Islamic Republic of
Mauritania, the Federal Republic of Nigeria, the Republic of Rwanda,
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Sahrawi Arab Democratic Republic, Republic of Senegal, Republic of
South Africa, Republic of the Sudan, Republic of Tunisia, Republic of
Uganda and the Republic of Zimbabwe.
29. The African Committee of Experts on the Rights and Welfare of the Child
also made a statement under this item.
30. Only one NHRI took the floor under this item; the National Human Rights
Commission of Nigeria.
31. Statements were also made by the representatives of Intergovernmental and
International Organizations, including the International Committee of the
Red Cross and the UN Expert Mechanism on the Rights of Indigenous
Peoples.
32. A total of forty-four (44) NGOs enjoying Observer Status with the African
Commission also made statements on the human rights situation in Africa.
33. The African Commission, in accordance with its ACHPR.Res.33(XXV)99:
Resolution on the Criteria for Granting and Enjoying Observer Status to
Non-Governmental Organizations Working in the Field of Human and
Peoples’ Rights (1999), considered and granted applications for Observer
Status to two (2) Non-Governmental Organizations. These are: Gambia
Press Union, Banjul, The Gambia, and East African Law Society, Arusha,
Tanzania.
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34. This brings the total number of NGOs with Observer Status with the
African Commission to four hundred and thirty (430).
35. In accordance with Article 62 of the African Charter, the African
Commission considered the Periodic Reports of the following State
Parties:
i.
The Federal Republic of Nigeria;
ii.
The Republic of Burundi;
iii.
The Republic of Togo.
36. Members of the African Commission presented Reports of the activities
they undertook during the inter-session as Members of the Commission,
as well as Reports of activities undertaken within the framework of their
various special mechanisms. In that regard, the Session listened to the
reports of the Special Rapporteur on Refugees, Asylum Seekers, Migrants
and Internally Displaced Persons in Africa; the Special Rapporteur on the
Rights of Women in Africa; the Special Rapporteur on Human Rights
Defenders in Africa; the Special Rapporteur on Prisons and Places of
Detention in Africa; the Special Rapporteur on Freedom of Expression
and Access to Information in Africa; the Chairperson of the Working
Group on the Death Penalty in Africa; the Chairperson of the Working
Group
on
Indigenous
Populations/Communities
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 Extractive Industries, Environment and Human Rights in Africa; the
Chairperson of the Committee for the Prevention of Torture in Africa; and
the Chairperson of the Committee on the Protection of the Rights of
People Living with HIV (PLHIV) and those at Risks, Vulnerable to and
Affected by HIV.
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37. The African Commission examined and adopted the following
documents:
a) Promotion Mission Reports:
(i)
Peoples’ Democratic Republic of Algeria;
(ii)
Republic of Cameroon.
b) Missions of the Special Mechanisms:
(i)
Report of the Special Rapporteur on Prisons and Conditions of
Detention in Africa – Mission to the Republic of Tunisia;
(ii)
Report of the Special Rapporteur on Prisons and Conditions of
Detention in Africa – Mission to Federal the Republic of
Nigeria.
c) Report of the Secretary to the Commission.
38. The Commission adopted Concluding Observations on;
(i)
The Federal Republic of Nigeria;
(ii)
Burkina Faso;
(iii)
The Republic of Uganda.
39. The African Commission considered and adopted the Report of the
Research and Information Visit to Kenya by the Working Group on
Indigenous Populations/Communities in Africa and the Study on the
Question of the Death Penalty in Africa.
40. In addition to the Resolutions reconstituting, renewing and extending its
Special Mechanisms, the African Commission adopted the following
Resolutions:
•
Resolution on the General Human Rights Situation in Africa;
•
Resolution on the Situation of Human Rights Defenders in Africa;
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•
Resolution on the Indigenous Peoples’ Rights in the Context of the
World Heritage Convention and Designation of Lake Bogoria as a
World Heritage Site;
•
Resolution Establishing a Working Group on Communications and
Appointment of Members.
41. The African Commission issued a Communiqué on the abduction of three
humanitarian NGO workers from Sahrawi Refugee Camps, condemning
such acts and demanding the immediate and unconditional release of
these hostages.
42. The African Commission distributed the responsibility of monitoring the
promotion and protection of human rights in State Parties amongst
Commissioners as follows:
I.
Commissioner Catherine Dupe Atoki – Egypt, Ethiopia, Liberia,
Sudan, The Gambia;
II.
Commissioner Kayitesi Zainabo Sylvie – Burundi, Algeria, Cote
d’Ivoire, Djibouti, Gabon;
III.
Commissioner Reine Alapini Gansou – Cape Verde, Mali, Democratic
Republic of Congo, Togo, Cameroon;
IV.
Commissioner Pansy Tlakula – Lesotho, Namibia, Swaziland,
Mauritius, South Sudan, Sierra Leone;
V.
Commissioner Y. K. J. Yeung Sik Yuen – Comoros, Madagascar,
Ghana, Sao Tome & Principe, Seychelles;
VI.
Commissioner Soyata Maiga – Angola, Congo-Brazzaville, Niger,
Libya, Equatorial Guinea;
VII.
Commissioner Mohamed Bechir Khalfallah – Chad, Sahrawi Arab
Democratic Republic, Central African Republic, Mauritania;
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VIII.
Commissioner Lucy Asuagbor – Uganda, Nigeria, Zimbabwe,
Rwanda, Malawi;
IX.
Commissioner Med S. K. Kaggwa – South Africa, Botswana, Eritrea,
Somalia, Zambia;
X.
Commissioner Maya Sahli Fadel -
Burkina Faso, Tunisia, Guinea
Conakry, Senegal;
XI.
Commissioner Pacifique Manirakiza – Kenya, Mozambique, Benin,
Tanzania, Guinea Bissau.
43. The African Commission distributed its Special Mechanisms among
members of the Commission as follows:
XII.
Commissioner Catherine Dupe Atoki – Chairperson of the Committee
for the Prevention of Torture in Africa;
XIII.
Commissioner Kayitesi Zainabo Sylvie – Chairperson of the Working
Group on the Death Penalty in Africa;
XIV.
Commissioner Reine Alapini Gansou – Special Rapporteur on Human
Rights Defenders in Africa;
XV.
Commissioner Pansy Tlakula – Special Rapporteur on Freedom of
Expression and Access to Information in Africa;
XVI.
Commissioner Y. K. J. Yeung Sik Yuen – Chairperson of the Working
Group on the Rights of Older Persons and People with Disabilities
in Africa;
XVII. Commissioner Soyata Maiga – Special Rapporteur on the Rights of
Women in Africa and Chairperson of the Working Group on
Indigenous Populations and Communities in Africa;
XVIII. Commissioner Mohamed Bechir Khalfallah – Chairperson of the
Working Group on Economic, Social and Cultural Rights;
XIX.
Commissioner Lucy Asuagbor – Chairperson of the Committee on
the Protection of the Rights of People Living with HIV (PLHIV);
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XX.
Commissioner Med S. K. Kaggwa – Special Rapporteur on Prisons
and Places of Detention in Africa;
XXI.
Commissioner Maya Sahli Fadel - Special Rapporteur on Refugees,
Asylum Seekers, Migrants and Internally Displaced Persons in
Africa;
XXII. Commissioner Pacifique Manirakiza – Chairperson of the Working
Group on Extractive Industries, Environment and Human Rights in
Africa.
44. The African Commission considered ninety two (92) Communications. It
was seized with six (6). Three (3) communications considered for seizure
did not meet the requirements. It considered three (3) on admissibility
and one (1) on the merits.
45. The African Commission decided to dismiss three (3) Communications for
want of diligent prosecution. Seventy-six communications were deferred
to the next Session for various reasons.
46. The Commission decided to hold the 10th Extra-Ordinary Session from
21st February to 1st March 2012 in Banjul, The Gambia, and the 51st
Ordinary Session from 18th April to 2nd May 2012, at a venue to be
decided.
47. The African Commission expresses its sincere appreciation and profound
gratitude to the Government and People of the Republic of The Gambia
for the facilities placed at its disposal, and for the warm welcome and
hospitality accorded to the participants, all of which contributed to the
excellent outcome and successful deliberations of its 50th Ordinary
Session.
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48. The closing ceremony of the 50th Ordinary Session took place on 5
November 2011 in Banjul, The Gambia.
Done in Banjul, Republic of The Gambia, 5 November 2011
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