UNION AFRICAINE
AFRICAN UNION
UNIÃO AFRICANA
African Commission on Human &
Peoples’ Rights
Commission Africaine des Droits
de l’Homme & des Peuples
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
47TH ACTIVITY REPORT OF THE AFRICAN COMMISSION ON HUMAN AND
PEOPLES’ RIGHTS
Submitted to the Policy Organs in accordance with
Article 54 of the African Charter on Human and Peoples’ Rights
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PART I:
SUMMARY
1. This 47th Activity Report of the African Commission on Human and Peoples’
Rights (‘ACHPR’ or the ‘Commission’) or the ‘Commission’), 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 ‘Charter’), covers the period from 14 May to 10
November 2019. 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.
PART II:
BACKGROUND
2. 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 Organization of African Unity (OAU) in 1986. The African Charter has
been ratified by all Member States of the AU, except Morocco. The
Commission became operational in 1987 and has its headquarters in Banjul,
The Gambia.
3. 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. The list of current Commissioners is herewith attached as Annex I.
4. The Commission’s 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 organization 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.
5. 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
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measures taken to give effect to the rights and freedoms recognized and
guaranteed by the Charter.
6. 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),
States parties are required to report to the Commission, the legislative and
other measures undertaken for the full realisation of the rights recognised
therein. Similarly, Article 14 (4) 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 internally displaced persons.
PART III:
GOVERNING BODIES
I. MEETINGS OF AU POLICY ORGANS, STATUTORY MEETINGS AND
OTHER INSTITUTIONAL MEETINGS HELD DURING THE REPORTING
PERIOD
7. The Commission participated in the AU Policy Organ Meetings that were
held in Addis Ababa, Ethiopia from 17 to 18 June 2019 and in Niamey, Niger
from 4 to 8 July 2019 as follows:
i.
ii.
iii.
38th Ordinary Session of the Permanent Representatives’ Committee
(PRC): 17 and 18 June 2019;
35th Ordinary Session of the Executive Council (EC): 4 and 5 July
2019;
12th Extraordinary Session of the Assembly of Heads of State and
Government (the Assembly): 7 and 8 July 2019.
8. The Commission held three (3) statutory meetings during the reporting
period, namely:
i. the 26th Extraordinary Session of the Commission, held from 16 to 30
July 2019 in Banjul, The Gambia;
ii. the 12th Meeting of the Bureaus and 8th Annual Joint Meeting of the
Commission and the African Court on Human and Peoples’ Rights,
17 – 18 October 2019, Banjul, The Gambia; and
iii. the 65th Ordinary Session of the African Commission, held from 21
October to 10 November 2019 in Banjul, The Gambia.
A. MEETINGS OF AU POLICY ORGANS
9. 38th Ordinary Session of the Permanent Representatives’ Committee (PRC):
17 and 18 June 2019
10. The 46th Activity Report of the Commission was presented before the 38 th
Ordinary Session of the PRC.
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11. The 46th Activity Report was not presented before the 35th Ordinary Session
of the Executive Council held from 4 to 5 July 2019, but observations were
made on the Commission’s Report and on the draft Decision as revised by the
PRC, during the presentation of the PRC’s Report to the Council and adoption
of EC decisions, respectively.
12. The 46th Activity Report of the Commission was authorised for publication
through Executive Council Decision EX.CL/Dec.1164(XXV) subject to the
incorporation of the observations of State Parties and is available on the
Commission’s website: www.achpr.org
B. STATUTORY AND OTHER MEETINGS
26th Extraordinary Session - Banjul, The Gambia, 16 to 30 July 2019
13. The Commission held its 26th Extraordinary Session during the period afore
mentioned and was attended by the following Commissioners herewith
attached as Annex II.
14. Details of the activities undertaken by the Commission during that Session
are recorded in the relevant Final Communiqué, which is available on the
website of the Commission at: www.achpr.org
65th Ordinary Session - Banjul, Republic of The Gambia, 21 October to 10
November 2019
15. The 65th Ordinary Session was attended by the following Commissioners
herewith attached as Annex III.
16. Details of the activities undertaken by the Commission during that Session
are recorded in the relevant Final Communiqué, which is also available on the
website of the Commission at: www.achpr.org.
17. The inter-session reports presented by Members of the Commission during
the 65th Ordinary Session are also available on the website of the Commission
at: www.achpr.org.
18. During this Session, the Commission elected a new bureau composed of
Honourable Commissioner Solomon Ayele Dersso as Chairperson, and
Honourable Commissioner Rémy Ngoy Lumbu as Vice Chairperson for a
period of two (2) years.
19. The Commission also commemorated African Human Rights Day with a
focus on the AU theme of the year, and on that occasion paid a tribute to the
late Sir Dawda Kairaba Jawara for his contribution to human rights
promotion and protection in Africa.
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20. The Commission also took part in the following meetings:
-
AU-UN Human Rights Dialogue: Consultation and Assessment, 15-16
October 2019, Banjul, The Gambia; and
15th EU-AU Human Rights Dialogue, 19 October 2019, Banjul, The Gambia.
III. STATE REPORTING UNDER ARTICLE 62 OF THE CHARTER, ARTICLE 26
OF THE MAPUTO PROTOCOL AND ARTICLE 14 OF THE KAMPALA
CONVENTION
21. The Commission considered the Combined Periodic Report of the Republic of
Chad (1998-2015), the Combined Periodic Report (11th to 15th) of the Republic
of Zimbabwe (2006 to May 2019) and its Initial Report on the Maputo
Protocol. Zimbabwe is now up to date with its reporting obligations under
Article 62 of the Charter and Article 26 of the Maputo Protocol.
22. The status of Submission of Periodic Reports by State Parties to the
Commission under Article 62 of the Charter stands as follows:
State Party
Status
Up to date: 2
The Gambia and Zimbabwe.
One (1) Report Angola, Egypt, Eritrea, Lesotho, Niger, Nigeria, Rwanda and Togo.
overdue: 8
Two (2) Reports
overdue: 10
Algeria, Botswana, Chad, Côte d’Ivoire, Democratic Republic of
Congo, Kenya, Mauritania, Mauritius, Namibia and South Africa.
Three
(3) Burkina Faso, Djibouti, Ethiopia, Gabon, Liberia, Malawi, Sahrawi
Reports overdue: Arab Democratic Republic, Senegal, Sierra Leone and Uganda.
10
More than three Benin, Burundi, Cameroon, Cabo Verde, Central African Republic,
(3)
Reports Congo, Ghana, Guinea, Libya, Madagascar, Mali, Mozambique,
Seychelles, Sudan, Eswatini, Tanzania, Tunisia and Zambia.
overdue: 18
Never submitted Comoros, Equatorial Guinea, Guinea Bissau, Sao Tome and Principe,
a Report: 6
Somalia and South Sudan.
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23. The status of Submission of Periodic Reports by State Parties to the
Commission under Article 26 of the Maputo Protocol stands as follows:
State Party
Status
Up to date: 5
The Gambia, Lesotho, Nigeria, Togo and Zimbabwe.
One (1) Report Angola, Democratic Republic of Congo, Mauritania, Rwanda and
South Africa.
overdue: 5
Two (2) Reports
overdue: 3
Burkina Faso, Malawi and Namibia.
Three
(3)
Reports overdue:
1
Senegal
Never submitted Algeria, Benin, Cabo Verde, Cameroon, Comoros, Congo, Côte
a Report: 28
d’Ivoire, Djibouti, Equatorial Guinea, Eswatini, Ethiopia, Gabon,
Ghana, Guinea, Guinea Bissau, Kenya, Liberia, Libya, Mali,
Mauritius, Mozambique, Sao Tome and Principe, Sierra Leone,
Seychelles, Tanzania, Tunisia, Uganda, and Zambia.
24. The Commission received the latest Periodic Reports of the Republic of Benin
and the Republic of Mauritius which will be considered at the 66th Ordinary
Session of the Commission.
25. Fourteen (14) countries have so far submitted Reports under Article 26 of the
Maputo Protocol: Angola, Burkina Faso, Democratic Republic of the Congo,
The Gambia, Lesotho, Mauritania, Malawi, Namibia, Nigeria, Rwanda,
Senegal, South Africa, Togo and Zimbabwe. Twenty-eight (28) State Parties to
the Maputo Protocol have not submitted Reports under this Protocol.
26. With the ratification of the Kampala Convention by the Republic of South
Sudan on 21 June 2019, twenty-nine (29) States have now ratified the
Convention. However, no State Party has complied with Article 14(4) of the
Kampala Convention which requires them to indicate in their report to the
Commission the legislative and other measures they have taken to give effect
to this Convention.
IV.
HUMAN RIGHTS COMPLAINTS BEFORE THE COMMISSION
Communications
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27. Of the 238 (Two Hundred and Thirty-Eight) Communications currently
pending before the Commission, the following were considered during the
reporting period:
Session
26th
Extraordinary
Session
Communication (Name/Phase)
I. Seizure
a. Seized
- Communication 722/19 – Global Concern Cameroon (on
behalf of the populations of southern Cameroon v. Cameroon
- Communication 723/19 – Nimboma Tharcisse (represented by
Ntiburumunsi Jean-Claude and Ntiranyuhura Divine) v.
Republic of Burundi
- Communication 725/19 - Mr. Hassane Ahmed El Barwane and
14 others v. Union of the Comoros
- Communication 726/19 - Gregory Chifire v. Republic of
Zambia
b. Not Seized
- Communication 707/19 – Mohamed Ibrahim v. Arab Republic
of Egypt
II. Admissibility
a. Admissible
- Communication 565/15 - Papa Seye and Family v. Mauritania
- Communication 626/16 – Philip Forsang Ndikum
(Represented by Ndikum Law Offices) v. Republic of
Cameroon
b. Inadmissible
- Communication 631/16 – Perem Aoudou v. Republic of
Cameroon
- Communication 643/16 – Family of Shabani Bin Mkosa
(Represented by the NGO Via-Volonte) v. Republic of
Burundi
III. Struck-Out for Lack of Diligent Prosecution
-
Communication 506/15 - Gouamba Ninon Pachel v. Republic
of Congo
Communication 563/15 – Mohammed Bakri Harun and 7
Others v. Arab Republic of Egypt
Communication 637/16 – 639/16 - Mr. Mohammed Abdel Hay
Faramawy and Mr. Mostafa Abdel hay Faramawy
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(represented by Dr. Abdel Hay Faramawy) and 3 others v.
Arab Republic of Egypt; Mr. Amed Farooq Kamel
Mohammed (represented by Mr. Farooq Kamel Mohammed
and 3 others) v. Arab Republic of Egypt
IV. Deferred for a review
a. Merits
- Communication 426/12
Mukakibibi v. Rwanda
–
Agnes
Uwimana
&
Saidati
b. Admissibility
- Communication 480/14 – Senate Masupha & Others v.
Lesotho
- Communication 653/17 – Desmond Nunugwo v. Federal
Republic of Nigeria
- Communication 670/17 – Fadhl Al Mawla Husni Ahmed
Ismail and 19 Others (represented by Freedom and Justice
Party of Egypt) v. Arab Republic of Egypt
V. Oral Hearing
- Communication 716/19 – Three Jehovah’s Witnesses
(represented by Lawyers Associated for Human Rights in
Africa) v. State of Eritrea
VI. Submitted for guidance
- Communication 650/17 – Kum Bezeng and 75 Others
(represented by Professor Carlson Anyangwe) v. Republic
of Cameroon
65th Ordinary
Session
I. Seizure
a. Seized
- Communication 728/19 – Ntahoturi Idelfonse v. Burundi
- Communication 729/19 – Bob Rugurika v. Republic of
Burundi
- Communication 733/19 - Cyrille Ndayirukiye (represented
by Bernard Maingain and Armel Nyongere) v. Republic of
Burundi
- Communication 734/19 – J (Represented by the Initiative for
Strategic Litigation in Africa (ISLA) & Kenya Legal and
Ethical
Issues
Network
on HIV & AIDS (KELIN)) v. Namibia
b. Seized and Provisional Measures Issued
- Communication 727/19 – Femi Falana v. Cameroon
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-
Communication 735/19 – Residents of the Mau Forest
Complex (represented by the Centre for Comparative and
International Law and Institute for Human Rights and
Development in Africa) v. The Republic of Kenya
II. Admissibility
a. Inadmissible
- Communication 518/15 - Peter Ngoge v. Republic of Kenya
- Communication 521/15 - Peter Ngoge v. Republic of Kenya
- Communication 653/17 – Desmond Nunugwo v. Federal
Republic of Nigeria
- Communication 670/17 – Fadhl Al Mawla Husni Ahmed
Ismail and 19 Others (represented by Freedom and Justice
Party of Egypt) v. Arab Republic of Egypt
III. Merits
- Communication 426/12 – Agnes Uwimana & Saidati
Mukakibibi v. Rwanda
IV. Decision on Oral Hearing
- Communication 716/19 – Three Jehovah’s Witnesses
(represented by Lawyers Associated for Human Rights in
Africa) v. State of Eritrea
V. Struck-Out for Lack of Diligent Prosecution
- Communication 694/18 - Kone Katinan Justin v. Côte
d’Ivoire
VI. Withdrawn at the request of the Complainant
- Communication 698/18 – Yunusa OS Ceesay on his own
behalf and on behalf of Kerr Mothali Community v. The
Gambia
VII.
Recusal
- Decision on Recusal Request 01/2017 Contestation by the
Arab Republic of Egypt
VIII. Review
- Decision on Application for Review 01/2017 Referral of
Communications against the Arab Republic of Egypt
IX. Deferred for a review
a. Merits
- Communication 406/11 - Law Society of Swaziland v.
Kingdom of Swaziland
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b. Admissibility
- Communication 566/15 – Mrs Chiggle v. Cameroon
c.
Seizure
- Communication 713/19 – Ndayisaba Ali Ahmed Buregeya
(represented by IHRDA) v. Republic of Rwanda
28. The above table shows that during the period under review, the Commission
was seized of ten (10) Communications, two (2) of which were granted
provisional measures; decided not to be seized of one (1); declared two (2)
admissible and six (6) inadmissible; decided one (1) on the Merits; struck out
four (4) Communications for lack of diligent prosecution; granted one (1)
request for withdrawal; deferred six (6) Communications at various stages;
and provided guidance to the Secretariat on one (1) Communication for
which its opinion had been sought. The Commission also took various
decisions on questions that were referred to it within the framework of
Communications that were being considered: one (1) relating to an oral
hearing, one (1) regarding a recusal request and one (1) concerning an
application for review.
V. APPLICATIONS FOR OBSERVER AND AFFILIATE STATUS
29. The Commission did not grant Affiliate Status to any National Human Rights
Institution during the period under review. Thus, the total number of
institutions with Affiliate Status with the Commission is twenty-nine (29).
30. The Commission granted Observer Status to the following NGOs, in
accordance with the Resolution on the Criteria for Granting and Enjoying
Observer Status to Non-Governmental Organizations Working in the field of
Human and Peoples’ Rights in Africa:
- Steward-Women;
- TRIAL International;
- Paralegal Advisory Service Institute; and
- Zimbabwe Environmental Law Association.
31. The total number of NGOs with Observer status with the Commission in
accordance with the Resolution on the Criteria for Granting and Enjoying
Observer Status to Non-Governmental Organizations Working in the field of
Human and Peoples’ Rights in Africa is Five hundred and twenty-three (523).
VI.
STATE COMPLIANCE WITH THE COMMISSION’S DECISIONS,
REQUESTS FOR PROVISIONAL MEASURES AND LETTERS OF
URGENT APPEAL
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32. 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:
Implementation of the Commission’s Decisions
33. During the reporting period, the Commission wishes to report with
commendation that the Government of Cameroon informed the Commission
on 29 June 2019, of the implementation of the Decision adopted in
Communication 389/10 - Mbiankeu Geneviève v. Cameroon.
Requests for Provisional Measures
34. During the reporting period, the Commission did not receive any responses
on the two (2) Requests for Provisional Measures which it issued to State
Parties as indicated in the table on Communications in paragraph 26 above.
Letters of Urgent Appeal
35. During the reporting period, nine (9) Letters of Urgent Appeal were sent to
State Parties, regarding allegations of human rights violations. Out of the nine
(9) letters sent, the Commission received four responses (4) from three (3)
State Parties concerned addressing the issues raised in the Urgent Appeals, as
reflected in the table below:
Issue warranting Letter of Urgent
Appeal
State Response
State
Date
1. South Africa
13
Septe
mber
2019
Joint Letter of Urgent Appeal from the During the 65th
Commissioner Rapporteur on the human Ordinary Session, the
rights situation in the Republic of South State indicated that an
Africa and the Special Rapporteur on official response will
Refugees, Asylum Seekers, Internally be sent to the ACHPR
Displaced Persons and Migrants in shortly.
Africa to His Excellency Matamela Cyril
Ramaphosa, President of the Republic of
South Africa, calling for investigations
and reparations for those persons
affected by the xenophobic attacks.
2. Tanzania
10
Septe
mber
2019
Joint Letter of Urgent Appeal from the The State is yet to
Commissioner Rapporteur on the human respond.
rights situation in the Republic of
Tanzania and the Special Rapporteur on
Freedom of Expression and Access to
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Information in Africa to His Excellency
Dr John Joseph Pombe Magufuli,
President of the Republic of Tanzania
regarding the arrest of the Tanzanian
journalist, Mr. Erick Kabendera.
3. Cameroon
4
Septe
mber
2019
Letter of Urgent Appeal to His The State is yet to
Excellency Paul Biya, President of the respond.
Republic of Cameroon, from the Special
Rapporteur on Human Rights Defenders
and Focal Point on Reprisals in Africa
regarding the attack against Mrs
Maximilienne Ngo Mbe, Chairperson of
the Network of Human Rights Defenders
in Central Africa.
4. Algeria
5 July Letter of Urgent Appeal from the Special The
Government
2019
Rapporteur on Human Rights Defenders responded that the
in Africa and Focal Point on Reprisals in detainees, Abdullah
Africa to His Excellency Abdelkader Benaoun and Ibrahim
Bensalah, President of the Council of the Aouf, were arrested
Nation of People’s Democratic Republic on the basis of preof Algeria, on allegations of disregard for
existing
legal
the rights of Abdullah Benaouam,
provisions and in full
Ibrahim Aouf and Salah Dabour.
respect of their right
of defence and that,
until their release,
they received medical
assistance regularly in
accordance with the
medical requirements
for people on a
hunger strike in a
prison environment.
The State confirmed
the
sentencing
in
absentia
of
Salah
Dabouz
on
13/07/2017 to a oneyear prison term and a
fine of 50,000 DA. Mr.
Dabouz was placed
under judicial review
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on 08/04/2019 by the
investigating judge at
the Court of Ghardaïa.
The appeal of the
judgement
dated
13/07/2017
is
scheduled to be heard
on 01/10/2019.
5. Mozambique
1 July Joint Letter of Urgent Appeal from the The State is yet to
2019
Commissioner Rapporteur on the respond.
Human Rights Situation in the Republic
of Mozambique and Special Rapporteur
on Prisons, Conditions of Detention and
Policing in Africa, and the Special
Rapporteur on Refugees, Migrants and
Internally Displaced Persons in Africa, of
the African Commission on Human and
People’s Rights to his Excellency Mr
Filipe Nyusi, President of the Republic of
Mozambique, on the allegations of
arbitrary detention of 16 refugees and
migrants in the Republic of Mozambique.
6. Gabon
1 July Letter of Urgent Appeal from the Special During
the
65th
2019
Rapporteur on Human Rights Defenders Ordinary Session, the
and Focal Point on Reprisals in Africa to State indicated that an
His Excellency Ali Bongo Ondimba, official response will
President of the Republic of Gabon, be sent to the ACHPR
regarding the declining health of Dr. shortly.
Marie Claudette Ndagui, arrested and
detained at the Libreville Central Prison
since 23 January 2019.
7. Algeria
14
June
2019
Joint Letter of Urgent Appeal from the The State responded
Chairperson of the Working Group on that Dr. Fekhar was
Indigenous Populations/Communities suffering from various
including
and the Special Rapporteur on Prisons, diseases
Conditions of Detention and Policing in Hepatitis B since 2013
Africa to His Excellency Abdelkader and had received all
the
necessary
Bensalah, President of the Council of the
treatment prior to his
Nation of the People’s Democratic
death caused by septic
Republic of Algeria, on the death of Dr. shock, as revealed in
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Kamel Edine Fekhar, an Amazigh from the autopsy report.
State
also
M’zab, human rights activist and The
that
all
defender of the rights of indigenous indicated
measures had been
populations/communities in Algeria.
taken to uphold the
principles
of
the
Charter and other
relevant instruments
ratified by the State
with
respect
to
detention.
8. Egypt
4 June Letter of Urgent Appeal from the Special The
State
2019
Rapporteur on Freedom of Expression responded.
and Access to Information in Africa to
His Excellency Abdel Fattah el-Sisi,
President of the Arab Republic of Egypt,
regarding the arrest and prolonged pretrial detention of Mahmoud Hussein, a
journalist with the Al Jazeera media
network, who has allegedly not been
charged since his arrest on 23 December
2016.
9. Equatorial
Guinea
29
May
2019
VII.
has
Urgent Letter of Urgent Appeal from the The State responded
Special Rapporteur on Human Rights and indicated that the
Defenders and Focal Point on Reprisals person mentioned in
on Africa to His Excellency Teodoro the urgent appeal
Obiang Nguema Mbasogo, President of letter had not been
the Republic of Equatorial Guinea on the arrested.
arbitrary detention of Mr Alfredo
Okenve Ndoho.
LETTERS OF APPRECIATION
36. During the reporting period, eight (8) Letters of Appreciation were sent to
Heads of State and Government as follows:
State
1.
Rwanda
Date of Letter
Positive development
Appreciation
warranting
Letter
4 November 2019
Letter of Appreciation to His Excellency Paul
Kagame, President of the Republic of Rwanda, for
the hosting of 46 migrants from Libya under the
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of
tripartite agreement between Rwanda, the African
Union and UNHCR.
2. Tunisia
4 November 2019
Letter of Appreciation to His Excellency Kais Saied,
President of the Republic of Tunisia, for his election
and for the free and transparent democratic process
that led to this outcome.
3. Angola
17 October 2019
Letter of Appreciation to His Excellency Joao
Lourenco, President of the Republic of Angola for
the ratification, by his country, of the United
Nations Convention Against Torture (UNCAT).
4. Nigeria
8 October 2019
Letter of Appreciation to His Excellency
Muhammadu Buhari, President of the Federal
Republic of Nigeria following the release of boys
and young men who were held in a Kaduna State
institution, where they were subjected to various
forms of torture and other cruel, inhuman and
degrading treatment or punishment.
5. Mauritania
9 August 2019
Letter of Appreciation to His Excellency Mohamed
Ould Ghazouani, President of the Islamic Republic
of Mauritania, for the release of Mr. Mohamed
Cheikh Ould Mohamed, blogger and freelance
writer who was sentenced to death in December
2014 for “blasphemy” and “insulting the Prophet
Mohammed”. His sentence was commuted to two
(2) years imprisonment and a fine. Despite serving
his sentence, he could not be released due to
concerns about his safety.
6. Cameroon
8 August 2019
Letter of Appreciation to His Excellency Paul Biya,
President of the Republic of Cameroon, for the
implementation by the Cameroonian Government,
of the Commission’s Decision in Communication
389/10 Mbiankeu Geneviève v. Cameroon.
7. South Sudan
28 July 2019
Letter of Appreciation to His Excellency Salva Kiir
Mayardit, President of the Republic of South
Sudan, for the ratification of the African Union
Convention for the Protection and Assistance of
Internally Displaced Persons in Africa (Kampala
Convention) by South Sudan on 21 June 2019.
8. Burundi
2 July 2019
Letter of Appreciation to His Excellency Pierre
Nkurunziza, President of the Republic of Burundi,
for the release of human rights defenders, members
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of the human rights organization Parole et Action
pour le Réveil des Consciences et l’Evolution des
Mentalités (PARCEM).
IX.
PRESS RELEASES
37. In addition to the various Press Releases issued by the Commission and its
Special Mechanisms regarding meetings organized during the reporting
period, the Commission also issued twenty (20) Press Releases relating to
various human rights issues. The Press Releases are available on the website
of the Commission: www.achpr.org.
X.
PROMOTION AND FACT-FINDING MISSIONS AND ADVOCACY
VISITS
38. The Commission undertook two Promotion Missions during the reporting
period. These include the Promotion Mission to the Republic of Mauritius
from 13 to 17 August 2019 and the first Promotion Mission to the Democratic
Republic of Sao Tomé and Principe from 1 to 4 October 2019. An Advocacy
Visit in favour of the right to decent housing was also undertaken to Eswatini
from 26 to 28 August 2019 by the Chairperson of the Working Group on
Economic, Social and Cultural Rights in Africa. The detailed reports of these
missions and visit will be considered by the Commission at a later stage.
39. During the reporting period, requests for Promotion Missions were sent to
Benin, Cabo Verde, Chad, Congo, Equatorial Guinea, Eritrea, Gabon,
Mozambique, Senegal and Zimbabwe.
40. During the 65th Ordinary Session, Gabon indicated that it had received the
Commission’s Note Verbale requesting authorization to conduct a Promotion
Mission in the first half of 2020 and that it would send a formal response
shortly.
41. Chad, Benin, Kenya, Zimbabwe and Algeria authorized Promotion Missions
in their countries which will be undertaken by the Commission on mutually
agreed dates.
42. The Commission would also like to report that, concerning the requests made
in the Communiqués of the Peace and Security Council (PSC) of the African
Union (AU): PSC/PR/COMM (DCCCXLIV) adopted on 6 June 2019 on the
situation in Sudan and PSC/MIN/COMM.(DCCCLVII) adopted on 5 July
2019 on the situation in Libya, the ACHPR has taken note of these
Communiqués and has contacted the PSC to indicate that the ACHPR is
awaiting additional information from the AU Commission on the next steps.
Regarding the participation of the ACHPR in the fact-finding missions to
Sudan and Libya, no response has been received to date.
16 | P a g e
Convening of the first annual consultative meeting with the PSC
43. The first consultative meeting between the African Commission and the Peace
and Security Council of the AU provided for under Article 19 of the PSC
Protocol took place on 8 August 2019. During the meeting, the African
Commission delivered a presentation to the PSC with detailed proposals on
the modalities for the operationalization of the close working relationship
between the African Commission and the PSC. The presentation is available
on
the
Commission’s
website
here
https://www.achpr.org/news/viewdetail?id=200 As an outcome of the
consultative meeting the PSC adopted a communique applauding the
promotion and protection work of the African Commission and deciding to
hold the annual consultative meeting every August and the next meeting in
August 2020. The details of the PSC communique is here
http://www.peaceau.org/en/article/communique-of-the-866th-meeting-ofthe-psc-on-its-consultation-with-the-african-commission-on-human-andpeoples-rights-achpr-held-on-8-august-2019
XI. THE HUMAN RIGHTS SITUATION ON THE CONTINENT
44. 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
45. The Commission notes with appreciation the following major positive human
rights developments observed during the reporting period:
i.
Ratification by Benin of the Protocol to the African Charter on Human
and Peoples’ Rights on the Rights of Older Persons in Africa (Protocol
on Older Persons in Africa) on 6 September 2019; signature by Central
African Republic (CAR) and Rwanda of the Protocol on Older Persons
in Africa on 4 October 2019 and 21 October 2019 respectively; and
signature by Rwanda of the Protocol to the African Charter on Human
and Peoples’ Rights on the Rights of Persons with Disabilities in Africa
(Protocol on Persons with Disabilities in Africa) on 21 October 2019,
following the Continental Sensitisation Seminar on the Ratification of
17 | P a g e
ii.
iii.
iv.
v.
vi.
vii.
viii.
ix.
x.
xi.
xii.
xiii.
xiv.
the Protocol on the Protocol on Older Persons in Africa and the
Protocol on Persons with Disabilities in Africa, held from 5 – 6 July
2019, in Kigali, Rwanda
Peaceful elections in Botswana, Mauritania, Mauritius, Mozambique,
Namibia , and Tunisia;
Ratification of the Maputo Protocol by the Democratic Republic of Sao
Tomé and Principe 27 June 2019;
Ratification of the UN Convention against Torture and other cruel,
inhuman or degrading treatment or punishment (UNCAT) by Angola
on 2 October 2019;
Adoption of measures by twenty-eight (28) countries to incorporate the
Kampala Convention into their domestic laws and policies.
Setting up of mobile schools and special examination sessions for
displaced children and youth for them to continue their education in
Mali as well as streamlining of the process for the issuance of birth
certificates for displaced children to enrol in school;
Adoption by Niger of a national law on the protection and assistance of
internally displaced persons to prevent, mitigate and eliminate
conditions that may lead to internal displacement;
Adoption by Uganda and Tanzania of open and generous policies
towards refugee populations to ensure their autonomy;
Award of the 2019 Nobel Peace Prize to the Ethiopian Prime Minister,
His Excellency Abiy Ahmed, “for his efforts to achieve peace and
international cooperation, in particular for his decisive initiative to
resolve the border conflict with Eritrea”;
The ruling of the High Court of Kenya on the Standards and
Guidelines for Reducing Morbidity and Mortality from Unsafe
Abortion in Kenya and on the National Training Curriculum for the
Management of Unintended, Risky and Unplanned Pregnancies;
Organization of a Major National Dialogue in Cameroon, with a view
to putting an end to the conflict in the two English-speaking regions in
the West of the country;
The decision of Cameroon to release 104 individuals, including Mr
Maurice Kamto, leader of the Cameroon Renaissance Movement
(MRC), arrested for contesting the results of the 2018 presidential
election and the dismissal of all charges against them and, within the
framework of the National Dialogue, the release and decision not to
carry on with the prosecution before military courts of 333 individuals
arrested and detained for offences allegedly committed in the context
of the crisis in the North-West and South-West regions;
The decision of the Kenyan Government to issue birth certificates to
stateless Shona people in order to provide them with opportunities and
rights they have long been denied;
The actions of the Nigerian Police Force on 27 September 2019 in
Kaduna State which led to the rescue of hundreds of boys and young
men from a location where they were subjected to various forms of
18 | P a g e
xv.
xvi.
xvii.
xviii.
torture and other cruel, inhuman or degrading treatment or
punishment;
Signing of a political agreement on 17 July 2019 and of the
Constitutional Document on 17 August 2019 in Sudan; establishment of
a civilian-led Transitional Government, and appointment of the Prime
Minister His Excellency Abdallah Hamdok on 5 September 2019;
Signing of a peace agreement on 22 October 2019 between the
Transitional Government of Sudan and key rebel groups, including
groups in Darfur, the Nuba Mountains and the Blue Nile region; and
the establishment by the Government, on 24 September 2019, of a
National Commission of Inquiry to investigate the violent dispersal of
the sit-in organized in front of the army headquarters in Khartoum on 3
June 2019;
The confirmation by the Court of Appeal of Tanzania of the 2016
landmark ruling which declared that the legal age of marriage was 18
years, in accordance with the provisions of the Maputo Protocol; and
The hosting by Rwanda in September, of 46 migrants within the
framework of an agreement between the Rwandan Government, the
United Nations Refugee Agency (UNHCR) and the African Union;
Areas of concern
46. The Commission notes with concern some of the following human rights
challenges observed during the reporting period:
i. 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
which has only been ratified by Lesotho and Benin;
ii. The low level of reporting under Article 26 of the Maputo Protocol and
non-reporting under Article 14 (4) of the Kampala Convention by State
Parties;
iii. The increasing number of causes of forced internal displacement due to
various factors, such as natural disasters, development projects, armed
conflicts, terrorist attacks and the consequences of climate change;
iv. The persistence of the humanitarian crisis in refugee camps including
difficulties faced by children in refugee camps in terms of access to
education and health care and the increase in their needs, coupled with
the lack of resources to address these;
v. The situation of long-term refugees and those whose refugee status has
expired as a result of the implementation of cessation clauses;
vi. Issues affecting ethnic communities identified as indigenous
populations/communities and/or minorities including persistent
discrimination, exclusion and marginalization in some countries,
regarding their right to access to health services, education, employment
and political participation;
19 | P a g e
vii. Threat of loss of their identity and language due to pressures of
assimilation and discriminatory laws and policies; and nonimplementation of the decisions of the African Commission on the
Endorois case and that of the African Court regarding the Ogiek
community by the Government of Kenya;
viii. Issues affecting people living with HIV or those vulnerable to HIV
including the percentage of those unaware of their HIV status, which
remains a concern in North Africa, where in some countries, less than
30% of people living with HIV are aware of their HIV status; and the
prevalence of HIV-related stigma and discrimination which discourages
people living with HIV and at-risk groups from coming forward to access
HIV prevention, treatment and care services;
ix. Xenophobic attacks against African nationals living in South Africa and
incidents of acts of reprisals against South African interests;
x. Persistent issues impeding the full enjoyment of economic, social and
cultural rights by citizens in most State Parties to the Charter, including
lack of access to basic social services including the health and youth
unemployment;
xi. The landslide which occurred in the city of Bafoussam and led to the
death of 42 people as a result of heavy rains in Cameroon;
xii. The persistence of human rights violations in the North-West and SouthWest regions of Cameroon perpetrated by both Government forces and
armed secessionist groups;
xiii. Massive eviction of people from the Mau forest in an effort to save the
Mau ecosystem, which, according to the Kenyan authorities, is threatened
by increased deforestation and illegal settlements;
xiv. Inter-community violence and the presence of armed groups in the
Tenenkou, Youwarou, Douentza, Koro, Bankass and south of Bandiagara
areas, which contribute to population displacement and impede access
for humanitarian workers in Mali;
xv. The lack of implementation of key pre-transitional tasks of the Revitalized
Agreement on the Resolution of the Conflict in South Sudan (R-ARCSS)
and the resultant non-application of Chapter 5 of the Agreement relating
to the transitional justice institutions;
xvi. Allegations of abduction and assault of human rights defenders and
opposition political leaders prior to, and police violence during the
demonstrations of 16 August 2019 in Zimbabwe;
xvii. Reports of media and internet shutdowns implemented in the contexts of
elections, civil actions and significant national events such as the
administration of national examinations, for example in Malawi shortly
after the close of general elections on the evening of 21 May 2019, in
Egypt the website of al-Tahrir newspaper has been blocked since 09 May
2019, and in Algeria two news websites in Algeria, Tout Sur l'Algérie and
20 | P a g e
xviii.
xix.
xx.
xxi.
xxii.
xxiii.
xxiv.
Algérie, became widely inaccessible amid anti-government protests on 12
June 2019;
Undue restrictions on freedom of expression and media resulting from
the threats, attacks and killings of journalists and other media
practitioners, for example in Nigeria on 22 August 2019 when police
officers arrested Agba Jalingo, publisher of online news outlet Cross
River Watch, and in Ghana on 27 June 2019, Emmanuel Ajarfor Abugri,
the deputy editor of the Modern Ghana website, and reporter Emmanuel
Yeboah Britwum, were arrested without warrants at the website’s office
in Accra, shortly after they posted a story criticizing the minister; they
were released on 01 July 2019;
Undue restrictions on freedom of assembly including protests
particularly the use of excessive force in the context of protests among
others in Guinea, Malawi, Sudan, and Uganda; the arrest of opposition
leaders and civil society activists in context of protests among others in
Algeria, in relation to the elections slated for December 2019 and reported
abductions in Zimbabwe;
The human rights violations and abuses that many fellow Africans
endure as a result of conflicts and political crisis, among others, in
Cameroon, South Sudan, Central African Republic, the Democratic
Republic of Congo; in context of the recent spate of violence in Ethiopia
and in armed violence involving terrorist attacks in Mali, Burkina Faso
and Nigeria;
Climate change induced destructive weather events including the heavy
floods in Somalia, in early November 2019, which displaced hundreds of
thousands of people and resulted in the deaths of dozens of people, as
well as a humanitarian emergency;
Risks of constitutional crisis resulting from contestations for a third term
in Guinea and the unconstitutional decision for dissolving a duly
constituted government in Guinea-Bissau;
The fragile security situation as well as the alarming humanitarian
situation in light of the persistent fighting between armed factions and
the continued and illegal supply of weapons in Libya; and;
The incidents of violence and accompanying instability witnessed in
Ethiopia including the death of 86 individuals and displacement of others
following the spiraling of protests held in the Oromia region of Ethiopia
since 23rd October 2019.
XII. ADMINISTRATIVE AND FINANCIAL SITUATION
Construction of the Commission’s Headquarters
47. Executive Council Decision EX.CL/Dec. 1045(XXXIV) on the 45th Activity
Report of the Commission, requests the AU Commission to establish a
Support Group for the Government of the Republic of The Gambia charged
21 | P a g e
with mobilizing the necessary funds for the construction of the Commission’s
Headquarters.
48. Executive Council Decision Doc. EX.CL/1164(XXXV) on the 46th Activity
Report of the Commission calls on the Commission to expedite the
establishment of the Support Group for the Republic of The Gambia on the
construction of the ACHPR Headquarters in line with Executive Council
Decision EX.CL/Dec.1045(XXXIV);
49. The Commission has sent a letter to the AUC to inquire on progress
regarding the establishment of the Support Group.
50. On 8 November, the Bureau of the Commission was received also by H.E. Mr.
Adama Barrow, President of the Republic of the Gambia during the course of
its 65th Ordinary Session held from 21 October to 10 November 2019 in Banjul,
The Gambia wherein President Barrow assured the Commission that the
construction of the Headquarters of the Commission is a priority for his
administration.
Staffing
51. The staffing situation at the Commission’s Secretariat did not improve during
the reporting period. The Senior Administrative and Human Resources
Officer (SHRO – regular) who had been recruited have still not taken up
duties, and interviews that had been scheduled for the following positions
have been postponed sine die for various reasons: Deputy Secretary (regular),
Legal Officer (regular), Senior Public Relations Officer (regular), Finance
Officer (short-term - PANAF), 2 Senior Legal Officers - Protection (short-term
- PANAF), Senior Planning, Monitoring and Evaluation Officer (short-term PANAF), and Reviser-French (short-term - PANAF).
XIII. IMPLEMENTATION OF DECISIONS
Recommendations of the Joint Retreat between the PRC and the Commission
52. Further to Executive Council Decision EX.CL/1015(XXXIII) on the 44th
Activity Report which requested the ACHPR to report on the implementation
of the recommendations of the ACHPR – PRC Joint Retreat in Nairobi, Kenya,
the ACHPR published the Draft Revised Rules of Procedure on its website
from 27 August to 27 September 2019 for public consultation, in order to
allow all stakeholders to make comments and observations prior to the
adoption of the revised Rules by the ACHPR.
53. Notes Verbales and the Draft Rules of Procedure were also sent to all States
Parties for comments and observations. Comments and observations have
been received from some State Parties and are currently being processed.
22 | P a g e
54. The second annual joint retreat between the PRC and the ACHPR was
planned from 28 to 29 November 2019. In preparation for the retreat, the
ACHPR initiated and shared the draft concept note for the retreat. With no
funds budgeted for the convening of the retreat, it has not been possible to
hold the joint retreat.
XIV. DATES AND VENUE OF THE 27th EXTRAORDINARY SESSION AND
66th ORDINARY SESSION OF THE COMMISSION
55. The 27th Extraordinary Session of the Commission will take place from 19
February to 4 March 2019, in Banjul, The Gambia; and the 66th Ordinary
Session will take place from 22 April to 12 May 2020.
56. The Commission expresses its appreciation to the Government of The Gambia
for hosting the 65th Ordinary Session and for the country’s hospitality. It also
commends State Parties that have already hosted Sessions of the Commission;
and takes note of the Republic of Rwanda’s offer to host the 67th Ordinary
Session in 2020. During previous Sessions, Lesotho, Malawi and Eswatini also
offered to host future Sessions of the Commission.
XV.
RECOMMENDATIONS
57. In light of the foregoing, the Commission recommends as follows:
a) State Parties to
i. Ratify, implement and domesticate the various human rights instruments of
the AU; in particular, 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, the
Protocol to the Treaty Establishing the African Economic Community
Relating to Free Movement of Persons, Right of Residence and Right of
Establishment, and the OAU Convention Governing Specific Aspects of
Refugee Problems in Africa, for those that have not yet done so;
ii. Submit their Periodic Reports in compliance with Article 62 of the African
Charter, Article 26 of the Maputo Protocol, and Article 14 (4) of the Kampala
Convention for which the Commission avails its support particularly to states
that have never submitted their reports and those with more than three
reports overdue;
iii. Welcome the report of Cameroon on implementation of the decision of the
Commission in Communication 389/10 - Mbiankeu Geneviève v. Cameroon
and urge other states to emulate the example of Cameroon by providing the
Commission with all relevant information on the measures taken to
implement its decisions on complaints on human rights violations under the
23 | P a g e
Communications procedure in accordance with Rule 112 of its Rules of
Procedure;
iv. Acknowledge and implement the Provisional Measures issued by the
Commission as part of its quasi-judicial mandate under the communications
procedure for adjudication of complaints submitted to it on human rights
violations;
v. Respond timeously to Urgent Letters of Appeal sent by the Commission;
vi. Facilitate the Commission’s promotion and protection missions in accordance
with the relevant provisions of the African Charter notably Articles 45 and 46
by granting the Commission standing invitation;
vii. Support AU internal processes for the adoption and ratification of the Draft
Protocol to the African Charter on Human and Peoples’ Rights on the
Abolition of the Death Penalty in Africa and the Draft Protocol to the African
Charter on Human and Peoples’ Rights on the Rights of Citizens to Social
Protection and Social Security;
viii. Ensure the full participation of displaced persons in the planning and
management of durable solutions (return or resettlement/resettlement or
local reintegration);
ix. Seek, with the support of other States, ways and means to prevent the
causes of internal displacement;
x. Encourage local integration so that they may be able to carry out socioeconomic activities, enjoy free movement, including the right to work,
education and training as in the case of Uganda, Ethiopia and Tanzania;
xi. Take appropriate measures for addressing issues affecting long-term
refugees;
xii. Ensure the full participation of displaced persons in the planning and
management of durable solutions (return or resettlement or local
reintegration;
xiii. Take appropriate measures for the protection of the rights of ethnic
communities
including
those
identified
as
indigenous
populations/communities and, implementation by the Government of Kenya,
of the decisions of the Commission and the African Court in the Endorois and
Ogiek cases respectively;
xiv. Adopt measures to ensure the full enjoyment of economic, social and
cultural rights, including through the delivery of quality social services, the
creation of jobs for young people and the improvement of the health system;
xv. Take the necessary measures to combat discrimination, stigma and other
harmful social and cultural practices, including in health facilities, which pose
a challenge in the fight against HIV/AIDS;
xvi. Allocate the necessary resources to generalize the practice of self-testing in
order to facilitate access to testing for all without fear of stigma and
discrimination;
xvii.
International and regional support is mobilized through the African
Union, ECOWAS and the G5 Sahel Force to strengthen the measures that are
in place to ensure the safety of populations in Mali, Burkina Faso and Nigeria,
24 | P a g e
and also ensure support to displaced persons from neighbouring countries,
including Niger affected by the upsurge of terrorist acts in the Sahel;
xviii.
Cameroon should cooperate with the Commission to enable the latter
accompany it in the search for peaceful resolution of the conflict in the two
regions by undertake visits to the country;
xix. Libya should support humanitarian actions, resume political dialogue,
implement the ceasefire, and support the peace process in consultation with
all stakeholders in the country;
xx. Urges States Parties to discontinue the practice of media and internet
shutdowns;
xxi.
Ensure a safe environment in which journalism may be practised, even
where attacks and killings are not perpetrated by State agents, States Parties
have the positive obligation to take proactive measures to prevent the attacks,
protect journalists and to investigate, prosecute and punish perpetrators.
xxii.The African Union and international humanitarian actors should enhance
efforts to assist people affected by the flooding in Somalia;
xxiii.
Reminds Ethiopia that it is obligated to take measures to restore peace
in the country, protect civilians, in addition to conduct investigations on the
human rights violations, prosecute perpetrators and provide effective
remedies to victims.
xxiv. Ensure that the National Commission of Inquiry established in Sudan
conducts prompt, impartial and effective investigations into the killings of 3
June 2019 and that alleged perpetrators are prosecuted and victims receive
full reparation;
xxv.Parties to the Revitalized Agreement on the Resolution of the Conflict in the
Republic of South Sudan (R-ARCSS) should take the necessary measures to
implement Chapter 5 of the Agreement and may rely on the support of the
Chairperson of the AU Commission and that of the African Commission;
b) To the AUC:
58. Finalise implementation of various Executive Council Decisions calling for
expedited recruitment to the vacant positions in the Secretariat, including
recruitment of Arabic and Portuguese Legal Officers and Translators as per
Decision EX.CL/Dec.974(XXXI);
59. Expedite the establishment of the Support Group for the Republic of The
Gambia on the construction of the ACPHR Headquarters in line with
Executive Council Decision EX.CL/Dec. 1045(XXXIV);
60. Welcome the assurance that President Adama Barrow of The Gambia gave to
the Commission to prioritize the delivery of the long overdue construction of
the permanent headquarters of the Commission and work with The Gambia
and the Commission to put in place concrete plans including the
development of the architectural designs of the permanent headquarters of
25 | P a g e
the Commission and for the commencement of the construction of the
permanent headquarters.
c) To the PRC
61. To work with the ACHPR in expediting the process of reviewing the structure
of the Secretariat of the ACHPR in line with EX.CL 995 (XXXII) and to better
align its human resources capacity and organogram with the mandate
entrusted to it and its vast workload that increased over the years to include
the monitoring of other treaties, including the Maputo Protocol and adopt the
new revised structure by the June/July 2020 summit.
62. To grant budgetary allocation for the convening of the joint retreat and
facilitate the cooperation of member states with the Commission for
undertaking promotion and protection missions and respond to the
Commission’s communications;
d) To the Assembly of Heads of State and Government
63. To decide to fully cover the costs of the activities of the ACHPR, to ensure
that the conditions of mandate implementation are both commensurate with
the work load of the ACHPR and at par with that of similar organs;
64. Welcome the decision of the PSC of the communique of its 866 th session on
institutionalizing close working relationship with the Commission and
support its full implementation;
65. Authorize the delegation by the African Union Commission Chairperson of
the authority for recruitment and administrative decision-making to the
Commission consistent with its functional autonomy and as part of the
implementation of paragraph 8 of Assembly/AU/Dec.200 (XI) ‘to have the
status of the ACHPR as an Organ of the AU regularized;
66. Recognizing the insufficient resources allocated to the Commission which
may affect its independence and effectiveness, call on the Permanent
Representatives Committee (PRC) and the AU Commission to work closely
with the Commission and provide it with the necessary resources it needs in
accordance with EX.CL/Dec.1015(XXXIII) to effectively discharge its mandate
without interference, and in a manner consistent with the nature and
independent mandate of the Commission;
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ANNEX I
LIST OF CURRENT MEMBERS OF THE COMMISSION
Nr
Name
Duration Expiry
Date
1. Commissioner Soyata Maïga
6
2019
2. Commissioner Lawrence Murugu 6
2019
Mute
3. Commissioner Kayitesi Zainabo Sylvie 6
2021
4. Commissioner Yeung Kam John 6
2019
Yeung Sik Yuen
5. Commissioner Lucy Asuagbor
6
2019
6. Commissioner Maya Sahli-Fadel
6
2023
7. Commissioner Jamesina Essie L. King
6
2021
8. Commissioner Solomon Ayele Dersso
6
2021
9. Commissioner Hatem Essaiem
6
2023
10. Commissioner Maria Teresa Manuela
6
2023
11. Commissioner Rémy Ngoy Lumbu
6
2023
Country
Mali
Kenya
Rwanda
Mauritius
Cameroon
Algeria
Sierra Leone
Ethiopia
Tunisia
Angola
Democratic
Republic of
Congo
27 | P a g e
ANNEX II
MEMBERS OF THE COMMISSION
EXTRAORDINARY SESSION
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
THAT
ATTENDED
THE
26TH
Honourable Commissioner Soyata Maïga, Chairperson of the Commission
and
Chairperson
of
the
Working
Group
on
Indigenous
Populations/Communities and the Committee on the Rights of People Living
with HIV and Those at Risk, Vulnerable to and affected by HIV;
Honourable Commissioner Lawrence Murugu Mute, Vice-Chairperson of the
Commission and Special Rapporteur on Freedom of Expression and Access to
Information;
Honourable Commissioner Kayitesi Zainabo Sylvie, Member and
Chairperson of the Working Group on the Death Penalty and Extrajudicial,
Summary or Arbitrary Killings and Enforced Disappearances in Africa and the
Working Group on Specific Issues related to the Work of the African
Commission;
Honourable Commissioner Yeung Kam John Yeung Sik Yuen, Member and
Chairperson of the Working Group on Older Persons and People with
Disability in Africa;
Honourable Commissioner Lucy Asuagbor, Member, Special Rapporteur on
the Rights of Women in Africa and Chairperson of the Working Group on
Communications;
Honourable Commissioner Maya Sahli-Fadel, Member and Special
Rapporteur on Refugees, Asylum Seekers, Migrants and Internally Displaced
Persons in Africa;
Honourable Commissioner Jamesina Essie L. King, Member and Chairperson
of the Working Group on Economic, Social and Cultural Rights in Africa and
the Working Group on Resolutions;
Honourable Commissioner Solomon Ayele Dersso, Member and Chairperson
of the Working Group on Extractive Industries, Environment and Human
Rights Violations and the Advisory Committee on Budgetary and Staff
Matters;
Honourable Commissioner Hatem Essaiem, Member and Chairperson of the
Committee for the Prevention of Torture in Africa;
Honourable Commissioner Maria Teresa Manuela, Member and Special
Rapporteur on Prisons, Conditions of Detention and Policing in Africa;
Honourable Commissioner Rémy Ngoy Lumbu, Member and Special
Rapporteur on Human Rights Defenders and Focal Point on Reprisals in
Africa;
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ANNEX III
MEMBERS OF THE COMMISSION THAT ATTENDED THE 65TH ORDINARY
SESSION
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
Honourable Commissioner Solomon Ayele Dersso, Chairperson of the
Commission and Chairperson of the Working Group on Extractive
Industries, Environment and Human Rights Violations and the
Advisory Committee on Budgetary and Staff Matters;
Honourable Commissioner Rémy Ngoy Lumbu, Vice Chairperson of
the Commission and Special Rapporteur on Human Rights Defenders
and Focal Point on Reprisals in Africa;
Honourable Commissioner Soyata Maïga, Member and Chairperson of
the Working Group on Indigenous Populations/Communities and the
Committee on the Rights of People Living with HIV and Those at Risk,
Vulnerable to and affected by HIV;
Honourable Commissioner Kayitesi Zainabo Sylvie, Member and
Chairperson of the Working Group on the Death Penalty and
Extrajudicial, Summary or Arbitrary Killings and Enforced
Disappearances in Africa and the Working Group on Specific Issues
related to the Work of the African Commission;
Honourable Commissioner Lawrence Murugu Mute, Member and
Special Rapporteur on Freedom of Expression and Access to
Information in Africa;
Honourable Commissioner Yeung Kam John Yeung Sik Yuen,
Member and Chairperson of the Working Group on Older Persons and
People with Disabilities in Africa;
Honourable Commissioner Lucy Asuagbor, Member, Special
Rapporteur on the Rights of Women in Africa and Chairperson of the
Working Group on Communications;
Honourable Commissioner Maya Sahli-Fadel, Member and Special
Rapporteur on Refugees, Asylum Seekers, Migrants and Internally
Displaced Persons;
Honourable Commissioner Jamesina Essie L. King, Member and
Chairperson of the Working Group on Economic, Social and Cultural
Rights in Africa and the Working Group on Resolutions;
Honourable Commissioner Hatem Essaiem, Member and Chairperson
of the Committee for the Prevention of Torture in Africa;
Honourable Commissioner Maria Teresa Manuela, Member and
Special Rapporteur on Prisons, Conditions of Detention and Policing in
Africa;
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