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
COMBINED 48TH AND 49TH ACTIVITY REPORT
OF THE
AFRICAN COMMISSION ON HUMAN AND PEOPLES’ RIGHTS
Submitted in Accordance with
Article 54 of the African Charter on Human and Peoples’ Rights
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I.
SUMMARY
1. The combined 48th and 49th Activity Reports of the African Commission on Human
and Peoples’ Rights (the Commission or ACHPR) is presented to the Heads of State
and Government of the African Union (AU) in accordance with Article 54 of the
African Charter on Human and Peoples’ Rights (the African Charter) and covers the
period between 11 November 2019 and 03 December 2020.
2. The Report highlights, among others: the statutory meetings of the Commission; the
status of State Party reporting; Resolutions adopted by the Commission; the human
rights complaints before the Commission and the decisions/actions taken thereon;
the interventions of the Commission on human rights issues including: Letters of
Urgent Appeal, Press Releases and Letters of Appreciation; the human rights
situation on the continent; financial, staffing and operational matters of the
Commission; and Recommendations of the Commission.
II.
BACKGROUND
3. It will be recalled that the Commission is an independent Organ established in terms
of Article 30 of the African Charter, which was adopted by the Assembly of Heads
of State and Government of the Organization of African Unity (OAU) in 1986. The
African Charter has been ratified by all Member States of the AU, except the
Kingdom of Morocco, which re-joined the Union in January 2017. The Commission
became operational in 1987 and has its headquarters in Banjul, The Gambia.
4. 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.1 The
Commission’s mandate, as set out in Article 45 of the African Charter, is to
i. To promote human and peoples’ rights and in particular;
(a) To collect documents, undertake studies and researches on African problems in
the field of human and peoples' rights, organize seminars, symposia and
conferences, disseminate information, encourage national and local institutions
concerned with human and peoples' rights, and should the case arise, give its
views or make recommendations to Governments.
(b) To formulate and lay down, principles and rules aimed at solving legal problems
relating to human and peoples’ rights and fundamental freedoms upon which
African Governments may base their legislations.
(c) Co-operate with other African and international institutions concerned with the
promotion and protection of human and peoples’ rights.
ii. Ensure the protection of human and peoples’ rights under conditions laid down
by the present Charter.
1
Annex I
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iii. Interpret all the provisions of the present Charter at the request of a State party,
an institution of the OAU or an African Organization recognized by the OAU.
iv. Perform any other tasks which may be entrusted to it by the Assembly of Heads
of State and Government.
III.
MEETINGS OF AU POLICY ORGANS, STATUTORY MEETINGS,
INSTITUTIONAL AND OTHER MEETINGS DURING THE REPORTING
PERIOD
A. MEETINGS OF THE AU POLICY ORGANS
33rd African Union (AU) Summit, Addis Ababa, Ethiopia
5. The Commission participated in the following AU Policy Organ meetings which
were held in Addis Ababa, Ethiopia:
i. 39th Ordinary Session of the Permanent Representatives’ Committee (PRC): 21 to
22 January 2020;
ii. 36th Ordinary Session of the Executive Council (EC): 06 to 07 February 2020;
iii. 33th Ordinary Session of the Assembly of Heads of State and Government (the
Assembly): 09 to 10 February 2020.
6. In line with the African Charter and established practice, the 47th Activity Report of
the Commission was presented before the 39th Ordinary Session of the PRC.
Following discussions at the PRC and Executive Council levels, the Activity Report
was authorized for publication through Decision EX.CL/Dec. 1080(XXXVI). The
Report has been published on the Commission’s website, in addition to responses
submitted by Egypt, South Africa, Malawi and Zimbabwe.
7. During the 36th Ordinary Session of the Executive Council, the following four (4)
new Members of the Commission were elected.
i. Dr. Marie Louise Abomo of the Republic of Cameroon;
ii. Mr. Mudford Zachariah Mwandenga of the Republic of Zambia;
iii. Mr. Ndiamé Gaye of the Republic of Senegal; and
iv. Mrs. Alexia Gertrude Amesbury of the Republic of Seychelles.
40th Ordinary Session of the Permanent Representative's Committee and 37th
Ordinary Session of the AU Executive Council, Addis Ababa, Ethiopia
8. The Commission participated in the following AU Policy Organ meetings which
were held virtually, on account of the COVID-19 pandemic:
i. 40th Ordinary Session of the PRC: 30 September to 1 October 2020;
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ii. 37th Ordinary Session of the Executive Council: 30 September to 14 October 2020.
9. During the Executive Council meeting the Commission was granted the mandate to
recruit its own staff, on par with other autonomous organs of the AU.
B. STATUTORY AND INSTITUTIONAL MEETINGS
27th Extra-Ordinary Session, Banjul, The Gambia, 19 February to 04 March 2020
10. Details of the activities undertaken by the Commission during its 27 th Extraordinary
Session are recorded in the relevant Final Communiqué, which is available on the
website of the Commission: www.achpr.org.
28th Extra-Ordinary Session, 29 June to 01 July 2020
11. The Commission’s 28th Extra-Ordinary Session was also held virtually, on account of
the COVID-19 pandemic.
12. During the Public segment of this Session and in accordance with Article 38 of the
African Charter and Rule 10 of the Commission’s Rules of Procedure (2020), the four
(4) newly elected Commissioners made a Solemn Declaration to discharge their
duties impartially and faithfully.
13. Details of the activities undertaken during this Session are recorded in the relevant
Final Communiqué, which is available on the website of the Commission:
www.achpr.org.
66th Ordinary Session, 13 July to 07 August 2020
14. The 66th Ordinary Session was as well held virtually, on account of the ongoing
pandemic. During its Opening Ceremony, H.E. Ambassador Minata Samate
Cessouma, the Commissioner for Political Affairs, delivered a statement on behalf of
H.E. Mr. Moussa Faki Mahamat, Chairperson of the AU Commission, and declared
the Session open.
15. During this Session, the Commission, inter alia, considered the State Periodic Report
of Mauritius, and also held the following panels:
i. Discussion on the major human rights issues arising in the context of COVID-19
and measures undertaken by the Commission in response; and
ii. Discussion on making human rights a priority during and after COVID-19.
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16. Details of the activities undertaken by the Commission during its 66th Ordinary
Session are recorded in the Final Communiqué of the Session, which is available on
the website of the Commission: www.achpr.org.
17. The inter-Session Reports presented by Members of the Commission and its Special
Mechanisms during the 66th Ordinary Session are also available on the website of the
Commission: www.achpr.org.
29th Extra-Ordinary Session, 02 to 05 October 2020
18. The Commission’s 29th Extra-Ordinary Session also took place virtually and the
agenda comprised the application of the Commissions’ Rules of Procedure (2020)
and Financial and Administrative Matters.
19. Details of the activities undertaken during this Session are recorded in the relevant
Final Communiqué, which is available on the website of the Commission:
www.achpr.org.
67th Ordinary Session, 13 November to 03 December 2020
20. The 67th Ordinary Session was similarly conducted virtually on account of the
ongoing pandemic. During its Opening Ceremony, H.E. Prof. Sarah Anyang Agbor,
Commissioner for Human Resources Science and Technology of the African Union
Commission, delivered a statement on behalf of H.E. Mr. Moussa Faki Mahamat,
Chairperson of the AU Commission, and declared the Session open.
21. During this Session, the Commission, inter alia, considered the State Periodic Report
of Cameroon. It also convened the following panels on:
i.
ii.
iii.
iv.
v.
vi.
vii.
viii.
ix.
5|Page
Human and Peoples’ Rights for Silencing the Guns in Africa;
Launch of General Comment No. 6 on Art. 7(d) of the Maputo Protocol;
Launch of the Simplified Version of the Principles on Decriminalisation of
Petty Offences in Africa & Newsletter No. 14 on Police and Human Rights in
Africa;
The right to health and its financing towards building health systems for
universal access to health care;
The Addis Ababa Roadmap on ACHPR and UN Human Rights
Mechanisms Relationship;
The Protection
of
all
Persons
from
Enforced Disappearances in
Africa;
Extractive Industries and illicit financial flows in Africa & Launch of the
WGEI Newsletter;
The issue of forced displacement and conflicts in Africa;
The Situation of Freedom of Association in Africa;
x.
xi.
The Situation of the rights of older persons and persons with disabilities in
Africa in the context of the outbreak of the COVID-19 pandemic, and
advocacy for the ratification of the Protocol on the Rights of Older Persons
in Africa and the Protocol on the Rights of persons with Disabilities in Africa;
and
The Role of National Human Rights Institutions (NHRIs) in the Work of the
ACHPR.
22. Details of the activities undertaken by the Commission during its 66 th Ordinary
Session are recorded in the Final Communiqué of the Session, which is available on
the website of the Commission: www.achpr.org.
23. The inter-Session Reports presented by Members of the Commission and Special
Rapporteurs during the 67th Ordinary Session are also available on the website of the
Commission: www.achpr.org.
C. OTHER ACHPR ENGAGEMENTS WITH AU ORGANS
Letter to African Union Chairperson on making human rights a key pillar of the
response to COVID-19
24. A letter was submitted to the AU Chairperson, H.E. President Cyril Ramaphosa
on 07 May 2020, on making human rights key pillar of the continental response to
COVID-19. The letter was submitted as part of the Commission’s mandate for the
promotion and protection of human and peoples’ rights under Article 45 of the
African Charter, and in pursuit of the affirmation of the central importance of
human and peoples’ rights for the success of the continental and national efforts to
end COVID-19.
Letter to African Union Commission Chairperson on the state of the African
human rights system
25. The Commission, through its Chairperson, sent a letter to the Chairperson of the AU
Commission, H.E. Moussa Faki Mahamat concerning the state of the African human
rights system. The letter underscored the need for sustaining the forward
movement of the commitment to the system of human rights protection
through maintaining the participation of AU Member States in the system,
including by working towards the improvement of the system rather than by
withdrawing from it, as observed in recent trends of withdrawals of Article 34 (6)
declaration under the Protocol to the African Charter Establishing the African Court.
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Second Consultative Meeting between the ACHPR and the AU Peace and
Security Council
26. On 8 October 2020 the Chairperson made a presentation on behalf of the
Commission to the AU Peace and Security Council (PSC) during the second
consultation between the two Organs, within the framework of the Protocol
establishing the PSC and the Communique of the 866th Session of the PSC. Matters
related to human rights challenges in situations of crisis on the continent, the
impact of the COVID-19 pandemic on conflict and human rights, the role that the
Commission continues to play in relation to ongoing peace processes on the
continent, as well as refining the modalities for engagements between the PSC and
the Commission, were discussed.
IV.
STATUS OF SUBMISSION OF PERIODIC REPORTS
27. The Commission monitors implementation of the African Charter, and other
relevant legal instruments including the Protocol to the African Charter on Human
and Peoples’ Rights on the Rights of Women in Africa (the Maputo Protocol) and the
African Union Convention for the Protection and Assistance of Internally Displaced
Persons in Africa (the Kampala Convention), through: receipt and examination of
the periodic reports during the Ordinary Session; direct engagement with the State
on the content of the Report; issuing general Conclusions and Recommendations on
the Reports; in addition to tracking non-submission of Periodic Reports by State
Parties.
28. As earlier referenced, during the 66th and 67th Ordinary Sessions respectively, the
Commission considered the 9th to 10th Combined Periodic Report of the Republic of
Mauritius (January 2016 -August 2019), and the Fourth to Sixth Combined Periodic
Report of the Republic of Cameroon (2015-2019).
29. The Commission also received, during the reporting period, the Periodic Reports of
the Republics of Malawi, Niger and Benin, which will be considered during a
forthcoming Session of the Commission.
30. The status of submission of Periodic Reports to the Commission by State Parties
stands as follows:
Status
State Party
Up to date: 6
Benin, Cameroon, Malawi, Mauritius, Niger and Zimbabwe.
1 Report
overdue: 3
Egypt, The Gambia and Lesotho.
2 Reports
Angola, Botswana, Chad, Côte d’Ivoire, Democratic Republic of
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overdue: 9
Congo, Eritrea, Nigeria, Rwanda and Togo.
3 Reports
overdue: 10
Algeria, Burkina Faso, Djibouti, Ethiopia, Kenya, Mauritania,
Namibia, Senegal, Sierra Leone and South Africa.
More than 3
Reports overdue:
20
Burundi, Cape Verde, Central African Republic, Congo, Gabon,
Ghana, Guinea Republic, Liberia, Libya, Madagascar, Mali,
Mozambique, Sahrawi Arab Democratic Republic, Seychelles,
Sudan, Eswatini, Tanzania, Tunisia, Uganda and Zambia.
Never submitted
a Report: 6
Comoros, Equatorial Guinea, Guinea Bissau, Sao Tome and
Principe, Somalia and South Sudan.
31. With specific reference to Article 26 of the Maputo Protocol, the following fifteen
(15) States Parties are up to date with their reporting obligations thus far, namely:
Angola, Burkina Faso, Cameroon, Democratic Republic of Congo, Lesotho, Malawi,
Nigeria, Namibia, Mauritania, Rwanda, Senegal, The Gambia, Togo, South Africa,
and Zimbabwe.
32. While thirty-one (31) States have ratified the Kampala Convention, to date only one
(1) State Party, Cameroun, has complied with Article 14(4) of the Kampala
Convention, which requires them to report on the legislative and other measures
taken to give effect to the Convention.
V.
RESOLUTIONS ADOPTED BY THE COMMISSION
33. The Commission adopted the following [insert total number at the end of the 67th
OS TBC] Resolutions during the Reporting period:
Session
Resolutions adopted
27th
Extraordinary
Session
i. Resolution on the Post-Election Crisis in the Republic of Guinea-Bissau;
ii. Resolution on the Extension of the Deadline for the Submission of the
Draft Study on the Situation of Africa’s Sacred Natural Sites and
Territories;
iii. Resolution on the Need to Develop a Study on the Situation of African
Human Rights Defenders in Exile;
iv. Resolution on the Need to Develop Guidelines for Shadow Reporting;
v. Resolution on the Need to Develop norms on the Obligations of States to
Regulate Private Actors Involved in the Provision of Social Services; and
vi. Resolution on the Need to Prepare a Study on the Use of Force by Law
Enforcement Officials in Africa.
66th
Ordinary
i. Resolution on the Allocation of Country Rapporteurship among
Commissioners;
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Session
9|Page
ii. Resolution on the Socio-Political Situation and Realization of Human
Rights in Mali;
iii. Resolution on the Deterioration of the Human Rights Situation in
Cameroon during the Covid-19 Period;
iv. Resolution on The Human Rights Situation in the Republic of Zimbabwe;
v. Resolution on the Human Rights Situation in the Republic of The Sudan;
vi. Resolution on the Human Rights Situation in the Republic of Kenya;
vii. Resolution on Conducting a Study on the Right to Health for All and its
Financing in Africa;
viii. Resolution on Upholding Human Rights during Situations of Emergency
and in Other Exceptional Circumstances;
ix. Resolution on the Drafting of Guidelines for the Protection of All Persons
from Enforced Disappearances in Africa;
x. Resolution on Human and Peoples’ Rights as Central Pillar of Successful
Response to COVID-19 and Recovery from its Socio-Political Impacts;
xi. Resolution on the Renewal of the Mandate of the Special Rapporteur on
Refugees, Asylum Seekers, Displaced Persons and Migrants in Africa;
xii. Resolution on the Renewal of the Mandate of the Special Rapporteur on
Human Rights Defenders and Focal Point on Reprisals in Africa;
xiii. Resolution on the Renewal of the Mandate of the Special Rapporteur on
Prisons, Conditions of Detention and Policing in Africa;
xiv. Resolution on the Appointment of the Special Rapporteur on Freedom
of Expression and Access to Information in Africa;
xv. Resolution on the Renewal of the Mandate and Appointment of the
Special Rapporteur on the Rights of Women in Africa;
xvi. Resolution on the Renewal of the Mandate, Appointment of the
Chairperson, Reconstitution and Expansion of Mandate of the Working
Group on Indigenous Populations/Communities in Africa;
xvii. Resolution on the Renewal of the Mandate, Appointment of the
Chairperson and Reconstitution of the Working Group on the Death
Penalty, Extrajudicial, Summary or Arbitrary Killings and Enforced
Disappearances in Africa;
xviii. Resolution on the Renewal of the Mandate of the Working Group on
Economic, Social and Cultural Rights in Africa and Appointment of its
Chairperson and Members;
xix. Resolution on the Renewal of the Mandate of the Working Group on the
Rights of Older Persons and Persons with Disabilities in Africa and on the
Appointment of its Chairperson and Members;
xx. Resolution on Renewal of the Mandate and Reconstitution of the Working
Group on Extractive Industries, Environment and Human Rights
Violations in Africa;
xxi. Resolution on the Renewal of the Mandate, Appointment of the
Chairperson, and Reconstitution of the Committee on the Protection of
the Rights of People Living with HIV (PLHIV) and Those at Risk,
Vulnerable to and Affected by HIV;
xxii.Resolution on the Renewal of the Mandate of the Chairperson and the
Appointment of Other Member Commissioners of the Committee for the
Prevention of Torture in Africa;
xxiii. Resolution on the Renewal of the Mandate, Appointment of the
Chairperson and Reconstitution of the Working Group on
Communications;
xxiv. Resolution on the Renewal of the Mandate, Appointment of the
Chairperson and Reconstitution of the Working Group on Specific Issues
Related to the Work of the Commission;
xxv.Resolution on the Renewal of the Mandate, Appointment of the
Chairperson and Reconstitution of the Advisory Committee on Budgetary
and Staff Matters;
xxvi. Resolution on the Renewal of the Mandate and Reconstitution of the
Committee on Resolutions.
67th
LIST TO BE CONFIRMED
Ordinary
Session
VI.
HUMAN RIGHTS COMPLAINTS/COMMUNICATIONS BEFORE THE
COMMISSION
Communications
34. Within its protective mandate, the Commission is specifically charged under the
African Charter with receiving and examining Communications (complaints)
submitted to it, on alleged violations of human rights.
35. Of the two hundred and forty-two (242) Communications pending before the
Commission as at the beginning of the reporting period, the following were
considered during the said period:
Session
27th ExtraOrdinary
Session
10 | P a g e
Communication
Seizure – 8
Seized (6)
1. Communication 713/19 – Ndayisaba Ali Ahmed Buregeya (represented by
IHRDA) v. The Republic of Rwanda;
2. Communication 721/19 - Martin Fayulu Madidi v. République du
Démocratique du Congo;
3. Communication 730/19 – Rassemblement Malien pour la Fraternité et le
Progrès v. République du Mali ;
4. Communication 736 /20 – Lado James Paul, Ayume Dada & others
(Represented by John Gerry Emmanuel) v. The Republic of South Sudan;
5. Communication 739/20 - La SARL METIS et Madame Etouman Adele
Helene (represented by Nchankou Ndjindam) v. République du
Cameroun;
6. Communication 740/20 - Toukam Daco David c. Cameroun.
Seized and Provisional Measures issued (1)
1. Communication 738/20 - M. Achille Benoit Zogo Andela (represented by
Hakim Chergui) v. République du Cameroun.
Non Seizure (1)
1. Communication 732/19 – Duross Gasperi v. South Africa.
Admissibility – 33
Admissible (3)
1. Communication 480/14 – Senate Masupha & Others v. Lesotho;
2. Communication 564/15 – Community Law Centre and three others v. The
Federal Republic of Nigeria;
3. Communication 607/16 - Famille de Feu Juvenal Habyarimana v. Burundi.
Inadmissible (30)
1. Communication 481-484/14, 486–488/14, 490–498/14, 504/14, 513/15, 523/15,
526/15, 528/15, 530/15 – 533/15, 536/15 – 538/15, 570/15: Peter Odiwuor
Ngoge v. Republic of Kenya.
Withdrawal - 1
1. Communication 463/14 – Eugène Atigan-Ameti (représenté par le Collectif
des Associations contre l’Impunité au Togo) v. République Togolaise.
Review - 1
1. Communication 341/07 - Equality Now v. Ethiopia.
Merits decisions adopted – 3
1. Communication 398/11 - Institute for Human Rights and Development in
Africa and Observatoire Congolais des Droits de l’Homme (OCDH) v.
République du Congo;
2. Communication 406/11 – Law Society of Swaziland v. Kingdom of
Swaziland;
3. Communication 430/12 – Gabriel Shumba and Others v. The Republic of
Zimbabwe.
66th
Ordinary
11 | P a g e
Seizure – (6)
Session
Seized (4)
1. Communication 745/20 – Tivoneleni Edmund Lubisi (represented by
Shadrack Tebeile) v. Republic of South Africa;
2. Communication 731/19 – Dorah Namasiku Likukela v. The Republic of
Zambia;
3. Communication 741/20 – Christian Patrichi TANASA (represented by
Barrister Calvin JOB) v. Republic of Gabon;
4. Communication 744/20 – Justin Ndoundangoye (represented by Barrister
Calvin Job) v. Gabon.
Seized and Provisional Measures issued (1)
5. Communication 743/20 – Hoda Abdul Moneom (represented by Dalia
Lofty) v. Egypt.
Not Seized (1)
6. Communication 742/20 – African Freedom of Expression Exchange & 15
Others (Represented by FOI Attorneys) v. Algeria & 27 Others.
Admissibility – 6
Admissible (2)
1. Communication 581/15 - Abdalla Mahmoud Mohamed Hajazi & Others
(represented by Mr. John Jones Q.C, Ms. Melinda Taylor, Ms. Sarah
Bafadhel and Mr. Joshua Bishay) v. Libya;
2. Communication 655/17 – Les femmes de Lieke Lesole parties civiles dans
l’affaire Basele Lututula, alias colonel Thom’s et autres (représentées par
Action Contre l’Impunité pour les Droits Humains) c. République
Démocratique du Congo.
Inadmissible (2)
1. Communication 462/13 - Jacques Jonathan Benjamin Virassamy
(Represented by Dev Hurnam) v. The Republic of Mauritius;
2. Communication 628/16 – African Society Petroleum Consultants
(Represented by Dr. Ekollo Moundi Alexandre) v. Cameroon.
Report back (1)
1. Communication 459/13 – Devendranath Hurnam v. Mauritius.
Deferred (1)
1. Communication 599/16- Ethiopian Human Rights Project (Represented by
Robert F. Kennedy Human Rights and IHRDA) v. the Federal Democratic
Republic of Ethiopia.
Merits decisions adopted – 2
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1. Communication 396/11 – El-Sharkawi v. Republic of Egypt;
2. Communication 344/07 – George Iyanyori Kajikabi and Others v. The Arab
Republic of Egypt.
29th ExtraOrdinary
Session
Non-Seizure
1. Communication 737/19 – Jesus Dominion International (on behalf of
Reverend Timothy Omotoso) v. South Africa
Guidance Provided for Continued
Implementation (as applicable)
67th
Ordinary
Session
Processing
or
Follow-Up
1. Communication 478/14 – The Republic of Djibouti v. The State of Eritrea
2. Communication 701/18 – Januarius Jingwa Asongu and another v.
Cameroon
3. Communication 722/19 – Global Concern Cameroon (GCC) v. Cameroon
4. Communication 389/10 – Mbiankeu Geneviève v. Cameroon
5. Communication 716/19 – Three Jehovah’s Witnesses (represented by
Lawyers Associated for Human Rights in Africa) v the State of Eritrea
6. 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
To be confirmed
36. The above tables show that during the period under review, the Commission was
Seized of twelve (12) Communications; decided not to be Seized of three (3); issued
two (2) Provisional Measures; declared five (5) Admissible and thirty-two (32)
Inadmissible; decided five (5) on the Merits; considered one (1) for Withdrawal and
one (1) for Review; received report-back on one (1), deferred one (1) and also
provided the Secretariat with guidance on six (6) Communications at various stages,
including follow-up on implementation.
37. Following the above and as at date, there are [Figure as at the end of the 67th OS to
be inserted ()] Communications currently pending before the Commission.
VII.
APPLICATIONS FOR OBSERVER AND AFFILIATE STATUS
38. 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, the Commission during its 66th and 67th Ordinary Sessions
13 | P a g e
on
deferred consideration of two (2) applications, and granted Observer Status to a total
of five (5) NGOs, as follows, bringing the overall number of NGOs with Observer
Status, at the end of the reporting period, to five hundred and twenty-eight (528):
Name of NGO
1.
2.
3.
4.
5.
6.
7.
Status
of Session
Application
National Coalition for Human Deferred
66th OS
Rights Defenders, Uganda
Centre de Documentation et de Observer
Status 66th OS
Formation sur les droits de Granted
l’Homme (CDFDH)
Centre for Rights Education and Observer
Status 66th OS
Awareness (CREAW)
Granted
The International Press Institute
Deferred
67th OS
African Biodiversity Network
Observer
Status 67th OS
Granted
Media Council of Tanzania
Observer
Status 67th OS
Granted
Maat for Peace, Development and Observer
Status 67th OS
Human Rights
Granted
39. The Commission during the 67th Ordinary Session, also granted Affiliate Status to the
National Commission for Human Rights and Citizenship of Cape Verde, in
accordance with the Resolution on the Granting of Affiliate Status to National
Human Rights Institutions and specialized human rights institutions in Africa.
This brings the total number of national human rights and specialized institutions
which have Affiliate Status with the Commission to thirty (30).
VIII. STATE COMPLIANCE WITH THE COMMISSION’S DECISIONS,
REQUESTS FOR PROVISIONAL MEASURES AND LETTERS OF URGENT
APPEAL
40. The level of compliance by State Parties with the Commission’s Decisions, Requests
for Provisional Measures and Letters of Urgent Appeal remains low, as evidenced
by the following information:
Decisions on Communications
41. During the reporting period, the Commission did not receive any information from
State Parties regarding the implementation of its final decisions on
Communications, in accordance with Rule 125 of its Rules of Procedure of 2020.
However, in Communication 426/12 – Agnès Uwimana-Nkusi & Saidati
Mukakibibi (represented by Media Legal Defence Initiative) v. Rwanda, the
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Commission received information from the Complainant, indicating that the
Respondent State has failed to take any action to implement the decision.
Requests for Provisional Measures
42. During the reporting period, the Commission did not receive any response on the
two (2) requests for Provisional Measures issued during the reporting period, as
above-referenced, that is, in Communication 738/20 - M. Achille Benoit Zogo
Andela (represented by Hakim Chergui) v. Cameroun and Communication 743/20 –
Hoda Abdul Moneom (represented by Dalia Lofty) v. Egypt.
Letters of Concern and Urgent Appeal
43. During the reporting period, twenty-nine (29) Letters of Concern and Urgent
Appeal were sent to State Parties, regarding various allegations of human rights
violations.
State
Democratic
Republic of
Congo
Date of
Letter
27 January
2020
Republic of
Cameroon
02 March
2020
Arab
Republic of
Egypt
27 March
2020
Federal
Democratic
Republic of
Ethiopia
Republic of
Uganda
27 March
2020
15 | P a g e
13 April
2020
Issue warranting Letter of Urgent Appeal
Joint Urgent Appeal regarding the death of
seventeen (17) detainees at the Penitentiary and
Reinsertion Centre of Kinshasa known as
Makala Central Prison since the beginning of the
year 2020, due to a lack of food supply for three
(3) months.
Joint Letter of Appeal regarding the arbitrary
detention of Awungafac Clinton since 13
November 2017, at Mamfe prison, Mamfe, in the
Southwest Region of Cameroon.
Letter of Appeal regarding the arrest and
prolonged pre-trial detention of Mr. Mohamed
al-Yammani, a freelance journalist working in
the Arab Republic of Egypt, reportedly in
detention since 08 December 2019.
Letter of Appeal regarding the abduction of at
least eighteen (18) university students from
Dembi Dollo University, South West of Ethiopia
in December 2019.
Letter of Concern regarding the allegations of
torture and other ill-treatment committed by
law enforcement agents on the residents of
Uganda, for allegedly violating the COVID-19
lockdown and curfew rules.
State Party
Response
The State is
yet to
respond.
The State is
yet to
respond.
The State is
yet to
respond.
The State is
yet to
respond.
The State is
yet to
respond.
Republic of
Mozambique
30 April
2020
United
Republic of
Tanzania
Republic of
Botswana
05 May
2020
Republic of
South Africa
12 May
2020
Democratic
Republic of
Congo
14 May
2020
Republic of
Sudan
18 May
2020
Republic of
Sierra Leone
02 June
2020
Republic of
Eritrea
12 June
2020
16 | P a g e
07 May
2020
Joint Letter of Appeal regarding the enforced
disappearance of Mr. Ibraimo Abu Mbaruco, a
community radio journalist at Palma
Community Radio in Mozambique.
Joint Letter of Appeal concerning the promotion
and protection of human rights during the
COVID-19 pandemic.
Letter of Concern regarding the execution of Mr.
Moabi Seabelo Mabiletsa and Mr. Matshidiso
Tshid Boikanyo.
Letter of Urgent Appeal regarding enforcement
of lockdown measures by security forces, the
protection of women and girls during the
lockdown, the socio-economic hardships facing
large number of South Africans and the
protection of the rights of vulnerable groups
including refugees, asylum seekers and
migrants in the context of the lockdown
measures in force.
Letter of Urgent Appeal regarding the
sentencing of eight members of the indigenous
Batwa community of the village of Muyanga, in
the Miti grouping, in the Kabare territory, by the
military court of Bukavu.
Joint Letter of Concern regarding the alleged
arbitrary dismissal of employees in the National
Civil Service of Sudan based on perceived
alliance with the former regime.
Joint Letter of Urgent Appeal in response to a
riot that took place in Male Correctional Centre
in Freetown during the Coronavirus pandemic,
leading to the death of five (5) inmates and two
(2) prison guards.
Letter of Appeal to His Excellency Mr. Esaias
Afwerki, President of the Republic of Eritrea,
regarding the alleged critical situation of the
Afar people in Dankalia, Republic of Eritrea,
relating to the COVID-19 pandemic.
The State is
yet to
respond.
The State is
yet to
respond.
The State is
yet to
respond.
The State is
yet to
respond.
The State is
yet to
respond.
The State is
yet to
respond.
The State is
yet to
respond.
On 6 October
2020, the
Government
of Eritrea
responded to
the Letter of
Appeal,
essentially
contesting the
allegations.
The
Republic of
Djibouti
06 July
2020
Republic of
Zimbabwe
15 July
2020
Republic of
Kenya
12 August
2020
People’s
Democratic
Republic of
Algeria
26 August
2020
Federal
Republic of
Nigeria
Democratic
Republic of
Congo
14
September
2020
30
September
2020
Republic of
Mozambique
30
September
2020
17 | P a g e
Letter of Appeal concerning the conditions of
detention of Lieutenant Fouad Ali Youssouf,
detained in Gabode Prison in Djibouti, allegedly
accused of sedition and other related offences,
with reports indicating that his current
conditions of detention are cruel, inhuman and
degrading, and that his health conditions are
deteriorating.
Letter of Appeal regarding the arrest of Mr.
Hopewell Chin’ono, an independent
investigative journalist working in Zimbabwe.
Joint Letter of Appeal regarding evictions of
vulnerable groups in the country.
Letter of Appeal to H.E. the President of the
People’s Democratic Republic of Algeria
regarding the conviction of Mr. Khaled Drareni
on charges of inciting an unarmed assembly and
harming national unity.
Letter of Urgent Appeal to the President of
Nigeria regarding the death sentence and appeal
process of singer Yahaya Sharif Aminu.
Joint Letter of Urgent Appeal on the situation in
Buina Central Prison, in particular the shortage
of food and poor nutrition, which lead to the
death of two (2) inmates and four (4) other
inmates who were in critical condition.
Joint Letter of Urgent Appeal on the violations
of freedom of expression in Mozambique
including, an attack which was perpetrated on
the offices of a newspaper house called Canal de
Government
noted that all
restrictions
imposed to
contain the
virus affected
all
individuals
and
communities
in Eritrea
without
exception.
The State is
yet to
respond.
The State is
yet to
respond.
The State is
yet to
respond.
The State is
yet to
respond.
The State is
yet to
respond.
The State is
yet to
respond.
The State is
yet to
respond.
Republic of
Chad
07 October
2020
Republic of
Zimbabwe
15 October
2020
Federal
Democratic
Republic of
Ethiopia
20 October
2020
Republic of
The Gambia
20 October
2020
Federal
Republic of
Nigeria
27 October
2020
Republic of
Burundi
2
November
2020
Republic of
Mozambique
2
November
18 | P a g e
Moçambique, on 23 August 2020, in Maputo
City.
Letter of Appeal to H.E. the President of the
Republic of Chad, regarding a measure taken by
the Government on 22 July 2020, to slow down
internet speed in the Republic of Chad,
reportedly with the intention to halt the
dissemination of messages inciting hate and
division. Additionally, reports received
indicated that access to the messaging platform,
“WhatsApp,” was blocked at that time.
Letter of Appeal to H.E. the President of the
Republic of Zimbabwe regarding the arrest and
detention of Mr. Hopewell Chin’ono, an
independent investigative journalist working in
Zimbabwe.
Joint Letter of Concern regarding the plight of
Ethiopian domestic workers stranded in
Lebanon and Saudi Arabia, which urged the
Government of Ethiopia to organize
Government-sponsored repatriation flights,
given the domestic workers’ economic
vulnerability, in order to guarantee their safe
return; and take measures to ensure the
domestic workers’ smooth socio-economic
integration upon their return.
Letter of Appeal to H.E. the President of the
Republic of The Gambia in response to the
rejection of the draft Constitution by the
National Assembly on 22 September 2020.
Letter of Appeal to H.E. the President of the
Federal Republic of Nigeria, regarding an attack
which was perpetrated on a number media
houses in Lagos, Nigeria, on 21 October 2020, by
unidentified individuals who set the premises of
Television Continental and other media houses
on fire, resulting in the loss of media equipment
and damage to vehicles.
Joint Letter of Urgent Appeal to the Arrest and
Detention of Honourable Fabien Banciryanino,
an independent Member of Parliament, who
was arrested on 2 October 2020, in Burundi.
Joint Letter of Urgent Appeal on the reports of
an extrajudicial execution of an unidentified
The State is
yet to
respond.
The State is
yet to
respond.
The State is
yet to
respond.
The State is
yet to
respond.
The State is
yet to
respond.
The State is
yet to
respond.
The State is
yet to
2020
Central
African
Republic
2
November
2020
Republic of
Sierra Leone
03
November
2020
woman in September 2020, by Mozambican
forces, on the R698 road in a site near the town
of Awasse in the province of Cabo Delgado,
during the large scale operation launched by the
state to dislodge the insurgents from Awasse
and Diaca
Joint Letter of Urgent Appeal to H.E President of
the Central African Republic, regarding the
activities of four gold mining companies around
the town of Bozoum, and the reported pollution,
environmental degradation and range of human
rights violations resulting from their operations.
Joint Letter of Appeal to H.E. the President of
the Republic of Sierra Leone, in response to
reports received on the suspension from practice
of a lawyer, Mr. Augustine Sorie-Sengbe
Marrah, in addition to issuance of a warrant on
28 October 2020 for his arrest by the Supreme
Court of Sierra Leone, following Mr. Marrah’s
criticism of the Judiciary in a post on a lawyers’
forum.
respond.
The State is
yet to
respond.
The State is
yet to
respond.
44. In addition to the above, the Special Rapporteur on Human Rights Defenders and
Focal Point on Reprisals in Africa issued forty-eight (48) Letters of Appeal during
the reporting period, with specific focus of the rights of human rights defenders.2
45. In total, Seventy-Seven (77) Letters of Concern/Appeal were sent to State Parties
during the reporting period.
IX.
LETTERS OF APPRECIATION
46. During the reporting period, six (6) letters of appreciation were sent to Heads of
State and Government as follows:
State
United
Republic of
Tanzania
Federal
Republic of
Somalia
2
Annex II
19 | P a g e
Date of
Letter
02
December
2019
08 January
2020
Issue warranting Letter of Appreciation
Joint Letter of Appreciation to Tanzania on the decision to declare
child marriage unconstitutional.
Letter of Congratulations following ratification of the African
Union Convention for the Protection and Assistance of Internally
Displaced Persons in Africa.
Republic of
Sudan
Republic of
Chad
08 May
2020
20 May
2020
Republic of
Congo
01 July 2020
Republic of
Sierra
Leone
28
September
2020
X.
Joint letter of appreciation on the adoption of a law criminalising
Female Genital Mutilation.
Letter of Appreciation regarding the steps taken by the National
Assembly of Chad to abolish the Death Penalty for all crimes of
terrorism in Chad.
Letter of Appreciation regarding the law adopted by the Senate
authorising the ratification of the Second Optional Protocol to the
International Covenant on Civil and Political Rights aiming at the
Abolition of the Death Penalty.
Letter of Appreciation welcoming the recent decision of the
Parliament of the Republic of Sierra Leone to repeal Part 5 of the
1965 Public Order Act which criminalized defamation, false news
and seditious calumny.
STATEMENTS AND PRESS RELEASES
47. During the reporting period, the Commission issued sixty-nine (69) Press Releases
relating to various human rights issues. The Press Releases are available on the
website of the Commission: www.achpr.org.3
XI.
PROMOTION AND FACT-FINDING MISSIONS
48. The Commission did not undertake any Promotion Missions or Fact-finding
Missions during the reporting period, largely on account of the global COVID-19
pandemic.
49. While authorization had been received to undertake a Mission to the Republic of
Gabon, scheduled to take place from 06 to 09 April 2020, the mission was postponed
on account of the COVID-19 pandemic.
50. Furthermore, the Republic of Zimbabwe authorized a Promotion Mission which was
to be held September 2019; however the Mission was postponed subject to
agreement of new dates. Whereas the Commission proposed the Mission be held in
June 2020, the Mission also had to be postponed on account of the ongoing
pandemic.
Fact-finding Missions to Sudan and Libya
51. Concerning the requests made in the Peace and Security Council (PSC)
communiqués of the African Union, that is PSC/PR/COMM (DCCCXLIV) adopted
on 06 June 2019 on the situation in Sudan and PSC/MIN/COMM.(DCCCLVII)
adopted on 05 July 2019 on the situation in Libya, whereas the Commission is
3
Annex III
20 | P a g e
awaiting additional information from the African Union Commission on the next
steps on the fact-finding missions to Sudan and Libya, the missions could not have
been conducted during the reporting period on account of the COVID-19 pandemic.
Mission to the territory of the Sahrawi Arab Democratic Republic or Western Sahara
under the control of the Kingdom of Morocco
52. The Executive Council, in its Decision EX.CL/995(XXXII) on the 43rd Activity Report
of the Commission, called on Morocco to initiate a dialogue towards the facilitation
of the Commission’s Mission to the territory of the Sahrawi Arab Democratic
Republic, or Western Sahara, under the control of Morocco. In February 2018, a
follow-up letter was sent to Morocco by the Chairperson of the Commission.
Whereas the Commission is still awaiting a response from Morocco on the matter,
the mission could not have been conducted during the reporting period on account
of the COVID-19 pandemic.
XII.
THE HUMAN RIGHTS SITUATION ON THE CONTINENT
53. This section was introduced in the Activity Report pursuant to Executive Council
Decision EX.CL/Dec.639 (XVIII) calling upon the Commission to brief the Policy
Organs on the human rights situation on the continent. The practice of the
Commission is to draw the content of this section from the interactions of the
Commission with State Parties, NHRIs with Affiliate Status and NGOs with
Observer Status with the Commission during Ordinary Sessions of the Commission,
supplemented by information collected as part of its monitoring of the human rights
situation in the various State Parties during the intersession period.
a) Positive developments
54. The Commission notes with appreciation the following major positive human rights
developments observed during the reporting period:
i. Ratification of the Kampala Convention by Somalia on 26 November 2019 and
Mozambique on 02 December 2019;
ii. Ratification of the African Union Convention on Preventing and Combating
Corruption by Tunisia on 19 November 2019;
iii. Ratification of the Second Optional Protocol to the International Covenant on Civil
and Political Rights aiming at the abolition of the death penalty by Angola on 02
October 2019;
21 | P a g e
iv. Signature of the Protocol to the African Charter on Human and Peoples’ Rights on
the Rights of Persons with Disabilities in Africa by Angola on 17 June 2020,
Cameroon on 05 February 2020, and Mali on 01 June 2020;
v. Enactment of a law in Chad abolishing the death penalty for terrorist acts on 28
April 2020;
vi. Adoption of a law in Sudan criminalizing female genital mutilation (FGM) on 29
April 2020;
vii. Decriminalization of same-sex sexual relations in Gabon following a vote by the
Gabon Senate on 29 June 2020, which was then assented to the President;
viii. Adoption of the bill for the protection of indigenous populations by the National
Assembly of the DRC in June 2020, in addition to the decree promulgated on 30
June 2020 by H.E. President Felix Tshiekedi granting pardons and commutations
to individuals sentenced to death;
ix. Adoption of a law by the Senate of the Republic of Congo authorising the
ratification of the Second Optional Protocol to the International Covenant on Civil
and Political Rights aiming at the Abolition of the Death Penalty on 18 June 2020;
x. Adoption of a law criminalizing torture in Niger;
xi. The repeal of Part 5 of the Public Order Act of 1965, which criminalized
defamation, false news and seditious libel, by the Parliament of Sierra Leone on 23
July 2020;
xii. The successful conduction of elections, in addition to the peaceful transition of
power in Malawi;
xiii. The positive steps taken by Sierra Leone since December 2019, following the
ECOWAS Court of Justice’s decision in WAVES v. the Republic of Sierra Leone,
which held that the policy ban prohibiting pregnant girls from attending school
was discriminatory and violated the right to education, freedom from
discrimination and equality before the law;
xiv. Adoption of a law on human trafficking and smuggling on 07 July 2020, in
addition to the establishment of the National Observatory for the Rights of Women
and Girls by the Islamic Republic of Mauritania on 31 July 2020;
xv. Repeal of the death penalty for certain crimes, including apostasy and
homosexuality in Sudan, with the death penalty also being abolished for children
and people over the age of 70 years, in this country;
xvi. The Bill on general principles relating to the rights of indigenous Pygmies in the
Democratic Republic of Congo (DRC), which is being studied in Parliament by the
tripartite Human Rights, Administrative, Judicial and Socio-cultural Policy
Commission;
xvii. Inaugural Forum of African NHRIs, held in November 2020, ahead of the 67th
ordinary session of the Commission, which would deepen the cooperation
between the Commission and African NHRIs who are critical stakeholders, in
enhancing the promotion and protection of human rights on the continent;
xviii. The establishment and launch of an online information centre /human rights
mechanisms database for African NHRIs which would facilitate access to
documents and information in relation to all regional human rights mechanisms,
22 | P a g e
and also improve the role of NHRIs in following-up on implementation of their
(the mechanisms’) decisions at national level;
xix. Launch of the NHRIs’ Guide for implementing the Commission’s Resolution on
protection against violence and other human rights violations against persons on
the basis of their real or imputed sexual orientation or gender identity (Resolution
275);
xx. Maiden launch by the Forum of NGOs on the work of the Commission, of the 1st
African Human Rights Report for 2017, 2018 and 2019 titled ‘Situation of Human
Rights, Rule of Law and Democracy in Africa’, which marks a major milestone in
the existing partnership between and among civil society and human rights NGOs
on the continent;
xxi. Stalemate in the major fighting in Libya and the kick-off of the peace process in the
country with the signing of the ceasefire agreement by the conflict parties last
month and the convening of the political negotiations for peace;
xxii. The progress being made in the transition in Sudan, most notably the signing of
peace agreements for ending the conflicts in Darfur and South Kordofan and Blue
Nile; and
xxiii. The democratic transfer of power in Seychelles from the ruling party that led the
country for long to the opposition party after a free and fair election.
Human Rights Situation in the context of the COVID-19 pandemic
xxiv. Adoption of the Law on the Fight Against Discrimination and Hate Speech by
Algeria in April 2020;
xxv. Adoption of a social protection policy by the Cabinet of Rwanda on 14 June 2020;
xxvi. Actions taken by States Parties to decongest prisons and other places of detentions
at high risk of contagion, to reduce the risk of the spread of COVID-19, including:
the release of 3,700 prisoners in Tanzania, the release of at least 3,522 prisoners in
Malawi; the release of 4,800 petty offenders in Kenya, the release of 5,000 prisoners
in Angola; the release of 5037 detainees in Algeria; in addition to the release of
more than 1,200 detainees from different prisons in DRC. Also, a number of NHRIs
including in Uganda and The Gambia have called for the decongestion of prisons
in the context of COVID-19 and have enjoyed positive responses from their
various governments; and
xxvii. A number of State Parties, have taken other strong steps to uphold people's
rights in the context of the COVID-19 pandemic, including: additional investments
to ensure access to quality health-care, in line with the right to health; the
provision of economic and food assistance to vulnerable groups; free and
enhanced water supply; financial assistance, temporary reduction on electricity
bills, provision of shelter for the homeless, and other ad hoc measures to expand
life-saving social protections.
b) Areas of concern
23 | P a g e
55. The Commission notes with concern 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 (the Protocol on the Rights
of Older Persons) and the Protocol to the African Charter on Human and Peoples’
Rights on the Rights of Persons with Disabilities in Africa (the Protocol on the
Rights of Persons with Disabilities), which is impeding their entry into force;
ii. The non-submission of Periodic Reports to the Commission in violation of Article
62 of the African Charter, with six (6) States Parties which have not submitted a
single Report;
iii. Passage of the bill on Written Laws (Miscellaneous Amendments Act (No. 3) of
2020 which inter alia seeks to abolish public interest litigation by requiring
Tanzanian nationals, other persons and civil society organizations to prove how an
action complained of “has affected that person personally;”
iv. Failure to domesticate the Violence Against Persons Act in twenty-two (22) states
in Nigeria, resulting in the lack of specific laws ensuring protection against SGBV
in these states;
v. The continuing threat of terrorism, and its escalation in Nigeria, Burkina Faso,
Niger and Chad, with particular reference to the persistent multiple and grievous
attacks being perpetrated by the Terrorist Group Boko Haram against innocent
civilians (including humanitarian aid workers) as well as soldiers, in the Lake
Chad region, including brutal killings, abductions, suicide bombings, and attacks
on army equipment and logistics, amongst others;
vi. The situations of unrest on the continent, including in Mali, Ethiopia and Northern
Mozambique which have resulted in loss of lives and destruction of property;
vii. The worsening security and human rights situation in Libya, including reports of
an intensification of indiscriminate attacks on civilian areas of the Libyan capital
Tripoli, during which several civilians were injured or killed and homes and other
infrastructure damaged;
viii. The persistence of the application of the death penalty, with fifty-seven (57)
recorded executions in 2019 in a number of countries in Africa;
ix. The systematic pattern of judicial harassment, intimidation and arbitrary arrest
and detention of human rights defenders in several countries in Africa;
x. The locust infestation which is threatening crops and livelihoods in Eastern Africa;
xi. The deteriorating situation of African migrants and the loss of many lives in recent
months in the Mediterranean Sea, in addition to the expulsion and forced return of
asylum seekers and migrants;
xii. The death sentence pronounced by the Bamako Anti-Terrorist Assize Court in Mali
on 28 October 2020 against three jihadists prosecuted for the deadly attacks
perpetrated in 2015 in Bamako at the Radisson Blu and at the Terrasse;
xiii. The unconstitutional change of Government in Mali;
xiv. The context of violence, inter-communal tensions and repression of fundamental
rights that has surrounded several recent elections on the African continent, which
24 | P a g e
xv.
xvi.
xvii.
xviii.
xix.
xx.
xxi.
xxii.
involved disruption of activities of the opposition parties, the muzzling of CSOs,
journalists and other human rights defenders have been muzzled, and
consequently interferences with, amongst others, the freedom of expression and
right to information as well as the right to political participation. Many elections
held in the year 2020 were chaotic, leading to loss of lives and destruction of
property during confrontations with security agents , including the post electoral
chaos in Ivory Coast and Guinea Conakry, and reported intimidation and attacks
in Tanzania;
Protests in Nigeria resulting from police brutality and reports of excessive use of
lethal force including the use of live ammunition by the Nigerian military and
the Nigerian Police, against peaceful protesters (#ENDSARS protest) and the
resultant loss of lives and injuries, noting in particular the Lekki Toll Gate
shootings of 20 October 2020;
The consequent chaos that resulted from the hijack of the otherwise hitherto
peaceful #ENDSARS protests in Nigeria by criminal actors and opportunist
elements, including looting and destruction of public and private properties,
attacks on, police personnel and properties, media houses and government
properties;
The socio-political crisis in Ethiopia, which has witnessed major incidents of
violence targeting civilians and a military confrontation in the Tigray region, and
which disturbingly has started to lead to major acts of violence against civilians,
ethnic based profiling, arrest of journalists, a humanitarian crisis with thousands
of people forced to flee into neighbouring Sudan, a spike in hate speeches and an
epidemic of fake news and misinformation;
The long-standing civil unrest in Cameroon and fighting between government,
Anglophone fighters and Boko Haram which has continued to occasion grievous
violations of the rights of innocent civilians, as well as other prolonged and
protracted armed conflicts in the Sahel region, Central African Republic,
Mozambique, parts of the Democratic Republic of the Congo, and Ethiopia,
among others ;
Reported persisting lockdown and arrest of human rights defenders, especially
journalists in Algeria, Egypt and Tunisia;
Report of external military threats in the form of terrorism and annexation of the
Northern Province by Islamic missionaries In Mozambique;
Recurring issues of the plight of the African youth population who are the
energy required to drive the socio-economic growth of the continent, but whose
rights are being grossly violated, especially their right to socio-economic
development, and which situation has resulted, amongst others, in their
restiveness, which regrettably is often met by further violations of rights with the
use of excessive force on them during peaceful protests, as well as their illegal
and dangerous migrations, which have led to loss of lives including in the
Mediterranean sea ;
Continuing human rights challenges being faced by African children, including,
amongst others: the persistent issue of malaria, pneumonia, diarrhea and other
25 | P a g e
xxiii.
preventable diseases affecting them; impediments to their access to education
and health services including high cost and long distances ; and their undue
exposure to sexual exploitation, worst forms of child labor, child trafficking, and
abuse and mistreatment during migration; and
Threat to the independence of the judiciary, characterized by the use of the
judiciary to prosecute political opponents, civil society activists including
journalists, as well as related violations of Freedom of Expression and Freedom
of Assembly of these groups, including as reported in Malawi, Tanzania and
Zimbabwe.
Human Rights Situation in the context of the COVID-19 pandemic
56. While commending the measures put in place by the States Parties to contain the
spread of the coronavirus and mitigate the effects of these measures, the
Commission regrets the emergence of human rights violations during this period,
including:
xxiv. The negative impact of the COVID-19 pandemic on social and economic rights,
such as the right to education, the right to the best attainable state of health, and
the right to adequate food, shelter and other basic needs, most notably water and
sanitation, which is disproportionately affecting the most vulnerable groups in
society, including the poor, women and girls, and persons with disabilities, among
others;
xxv. The loss of livelihoods as a result of mitigation measures, such as lockdown and
curfew orders, which have had a particularly devastating effects on the informal
sector;
xxvi. The possibility of the region’s first recession in 25 years, with economic growth
projected to decline from 2 .4% in 2019 to between -2.1 to -5.1%, with the resultant
negative effects such as hunger and poverty, among others;
xxvii. The temporary discontinuation of the provision of public services, with the
potential for millions to lack access to basic services;
xxviii. The excessive use of force by law enforcement officers while enforcing the
mitigation measures such as lockdown and curfew orders, with reported cases of
police brutality resulting in killings, torture, in addition to arbitrary arrests and
forced quarantine imposed on people violating the measures;
xxix. Anti-terrorism laws have also been used to crackdown on protesters and the
closure of courts in the context of the COVID-19 pandemic have made access to
justice difficult, with adverse effect on prisons;
xxx. The pandemic has further widened the gap between the have and have-nots and
revealed inequalities and injustices in many communities;
xxxi. Corruption persists in Africa and is a major issue especially in the days of the
pandemic, as mismanagement and lack of accountability by public officials for
funds made available for the pandemic have proven elusive in many African
26 | P a g e
xxxii.
xxxiii.
xxxiv.
xxxv.
xxxvi.
xxxvii.
xxxviii.
xxxix.
xl.
xli.
xlii.
xliii.
xliv.
countries and it has been reported that 40% of the funds during the Ebola outbreak
were unaccounted for;
The alarming rises in cases of sexual and gender based violence during the
pandemic, for example the declaration by all thirty-six (36) of Nigeria’s Governors
of a state of emergency over rape and other gender-based violence against women
and children in the country, as well as increased stigmatization, discrimination
and hate speech associated with COVID-19;
Being among the most vulnerable members of society, children face the potential
to be significantly affected during the pandemic, including specifically children
with disabilities, children from economically disadvantaged families, children
living in rural areas, and children seeking asylum or refugee status. The socioeconomic impact of the pandemic has affected children in various ways as they do
not have access to food, and basic health services;
Lack of access to education for millions of students especially those living in rural
areas, who do not have access to online schooling, and as well, home stay
measures have further exposed them to sexual abuse and exploitation, as well as
violence, mostly by family members;
School closures and extended school holidays due to the pandemic have
occasioned a rise in cases of FGM and child marriage in practicing communities
across the continent;
The exclusion of refugees, internally displaced persons (IDPs), asylum seekers and
migrants from the protection measures employed by the State Parties during the
COVID-19 pandemic, and the lack of facilities to ensure measures such as social
distancing and isolation in refugee camps;
The disruption of humanitarian supplies to refugees, migrants and IDPs;
The reduction in the issuance of official documentation to refugees and asylum
seekers, which hinders their access to social services;
The closure of borders between certain countries which has prevented access to
asylum seekers and refugees fleeing persecution;
The loss of employment opportunities affecting the youth, who constitute a
sizeable portion of the population on the continent and who also face a future with
limited social and economic prospects as a result of the pandemic;
Overcrowding and lack of sanitary conditions in prisons which have the potential
to result in the spread of the coronavirus, in addition to the failure of States to curb
prison admission rates, including the overuse of remand for petty offences;
Reported cases of arbitrary and unlawfully arrest of journalists and human rights
defenders during the pandemic;
The rise of human rights violations committed against health workers, such as
arbitrary arrest and detention, with health workers emerging as a category of
human rights defenders requiring protection by the States;
Restrictions of freedom of expression and access to information under the guise of
the COVID-19 pandemic, with reported cases on suspension of media licenses,
shut down of internet services restricting the right to access information and the
use of disinformation and hate speech laws to restrict freedom of expression;
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xlv. Situations of conflict on the continent, such as in the northern part of Mozambique,
which has led to displacement, loss of life, and compounded the COVID-19
situation;
xlvi. Violations of the rights of indigenous communities, including reported cases of
death threats, forced evictions and burning of homes;
xlvii. Lack of information or awareness about COVID-19 to indigenous communities,
due to several difficulties including lack of radio, television, newspapers and/or
community relays;
xlviii. Restrictions on movement which have hindered access to essential health services,
such as programs addressing maternal and infant mortality and HIV/AIDs, and
essential sexual and reproductive healthcare;
xlix. The potential for an increase in superstition motivated killing of persons with
albinism in the Eastern and Southern African region;
l. The effects of the COVID-19 pandemic are hitting the continent very hard,
including sudden, sharp falls in remittances, foreign direct investment, commodity
prices and tourism;
li. Dangerous and negative trends in the context of responses to the COVID-19
pandemic, including the rise of anti-human rights and democratic forces taking
advantage of the COVID-19 health crisis to further assert authority or tighten hold
on traumatized citizenry; restrictions on and violations on Freedom of Expression,
Association, Movement and Assembly also take prominence during these times of
Covid-19; and law enforcement officials implementing Covid-19 regulations have
been reported to use disproportionate force on citizens, in many documented
cases, including the use of live ammunition leading to death of two young people
as well as the forced arrest and detention of protestors in Angola; and
lii. Digital inequality, particularly in the context of the COVID-19 pandemic, poses a
major challenge, with additional implications for other guaranteed human rights,
and therefore needs to be enhanced.
XIII. ADMINISTRATIVE AND FINANCIAL SITUATION
a) Construction of the Commission’s Headquarters
57. Whereas the Commission and the host Government intended to hold a Foundation
stone laying ceremony on the proposed site for the headquarters on the margins of
the 66th Ordinary Session, this ceremony had to be postponed from March 2020 due
to the COVID-19 epidemic.
58. Furthermore, the Commission initiated the process of establishment of a Special
Fund, in line with AU processes and procedures, for resource mobilization for the
establishment of the permanent headquarters.
b) Staffing
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59. The Commission welcomes the appointment of Ms. Lindiwe Khumalo as the Acting
Executive Secretary to the Commission. Ms. Khumalo, who is the substantive
Deputy Secretary to the Commission, assumed responsibilities in May 2020.
Additionally, in March 2020 a vacancy announcement was issued for the position of
Executive Secretary at the Commission.
60. However the critical need for the recruitment of Arabic and Portuguese Legal
Officers and Translators has not been met to date. Additionally, the Secretariat
continues to face wider staff shortages as is well documented. In this regard, the
Commission therefore welcomes the recent grant during the 37th Ordinary Session of
the Executive Council, of the mandate to the Commission to recruit its own staff, on
par with other autonomous organs of the AU, and looks forward to this milestone
decision as a way forward out of its long-standing human resource challenge.
XIV. IMPLEMENTATION OF DECISIONS
Recommendations of the Joint Retreat between the PRC and the Commission
61. Further to Executive Council Decision EX.CL/1015(XXXIII) which requested the
ACHPR to report on the implementation of the recommendations of the ACHPR–
PRC Joint Retreat held in June 2018, the Commission wishes to report that the
revised Rules of Procedure (2020) were adopted during the 27th Extra-Ordinary
Session pursuant to Article 42(2) of the African Charter, and came into force on 02
June 2020 in terms of Rule 145 thereof.
62. The Rules were published, and can be accessed, on the Commission’s website:
www.achpr.org.
Decisions of the Executive Council
63. Further to Executive Council Decision EX.CL. Dec. 1080 (XXXVI) which requested
the Commission the Commission to report on the implementation of paragraph 8 of
Assembly/AU/Dec.200 (XI) stipulating, “to have the status of the ACHPR as an
Organ of the AU regularized,” the Commission has commenced preliminary
research on the legal, financial, human resource and technical modalities for the
Commission to regularize its status as an Organ.
XV.
DATES OF THE 68th ORDINARY SESSION OF THE COMMISSION
64. The 68th Ordinary Session will take place from [insert date to be confirmed].
XVI. RECOMMENDATIONS
65. In light of the foregoing, the Commission recommends as follows:
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a) To State Parties:
i. Promote the broadest possible respect for the civic and democratic space, and be
accommodative to divergent opinions for inclusive and consultative approaches to
matters of national importance, including in particular, giving audience to the voices
of the youth population, women, minority groups and members of opposition
political parties;
ii. Recognize that the power of a nation is measured not by its aggression against its
people, but the use of these resources to secure the safety and future of its taxpayers,
and ensuring the reign of the rule of law for good governance through independent
institutions;
iii. In partnership with other actors like the NHRIs, trigger and sustain institutional
reforms, including the transforming police forces into services, within the
frameworks of the regional and international guidelines;
iv. Towards silencing the guns, include women and the youth population in
reconstruction processes for post-conflict societies and involve them in building
durable solutions;
v. Ratify, implement and domesticate the various human rights instruments of the AU,
including specifically the Protocol on the Rights of Older Person) and Protocol on
the Rights of Persons with Disabilities, to ensure entry into force of these seminal
instruments;
vi. Support the AU internal processes for the adoption 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;
vii. Accelerate the final adoption of the draft Protocol on the Right to Nationality in
Africa and the Eradication of Statelessness, which is currently before the African
Union bodies;
viii. Invite the States Parties which have not yet done so, to speed up the process of
ratification of the International Convention for the Protection of All Persons from
Enforced Disappearance;
ix. Include information on the legislative and other measures taken to give effect to the
Kampala Convention in the Periodic Reports submitted to the Commission, in
reference to the States Parties of the Kampala Convention;
x. Urgently address the persistent cases of terrorist attacks, taking into account the root
causes of such violence, as elaborated in the Commission’s Principles and
Guidelines on Human and Peoples’ Rights while Countering Terrorism in Africa;
xi. Ensure that all defendants liable to incur capital punishment can benefit from a
judicial procedure that meets international and regional standards in terms of
respect for the rights of the defense and fair trial, and introduce a moratorium on the
application of the death penalty with a view to legally abolishing it, suspend the
execution of death row inmates and commute the death penalty sentences to life
imprisonment, in countries which still enforce the death penalty;
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xii. Invites States Parties which have not yet ratified the Second Optional Protocol to the
International Covenant on Civil and Political Rights, aimed at abolishing the death
penalty, to speed up the ratification process and to harmonize their national laws
accordingly;
xiii. Maintain support for transitions around the continent, including by enhancing
the capacities of existing mechanisms in the AU, ensuring transitional justice and
reform agendas are considered as essential elements and included in the stimulus
packages and recovery roadmaps being developed for States in transitions and
advocated for by the AU among donors and the international community, and
utilizing former Heads of State and other good offices to advance the peaceful
resolution of conflicts and transitional justice goals;
xiv. Repeal and reform fake news, hate speech and misinformation laws that impose
disproportionate restrictions on individual freedoms of expression and access to
information;
xv. Adopt measures to ensure the protection of refugees and internally displaced
persons, women, children and other vulnerable groups, including through the
domestication and implementation of the various application of regional and
international human rights instruments;
xvi. Adopt urgent and elaborate measures for addressing corruption and other forms
of illicit financial flows and for ensuring accountability, which is prerequisite,
among others, for improving and strengthening the State’s ability to provide quality
health infrastructure and services, and in general to meet the development needs of
their citizenry;
xvii. Respond consistently to Letters of Urgent Appeal sent by the Commission.
b) To the Kingdom of Morocco:
xviii. Ratify the African Charter, and consider the Commission’s request for authorization
to undertake the mission mandated by Decision EX.CL/Dec.995 (XXXII).
c) To the AUC:
xix. Finalize implementation of various Executive Council Decisions calling for
expedited recruitment for the vacant positions in the Secretariat, in particular Arabic
and Portuguese Legal Officers and Translators.
d) To the AU PSC:
Invoke the Constitutive Act of the African Union, and take significant measures in
consultation with the States in question and resolve the conflicts.
Recommendations related to the COVID-19 pandemic:
a) To State Parties:
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xx. Employ a human rights based approach in the execution and enforcement of
regulations and measures established to address the COVID-19 pandemic;
xxi. Maintain law and order, and as applicable, review states of emergencies and prevent
excessive use of force, in accordance with regional and international human rights
frameworks, with particular reference to Resolution 449 of the ACHPR on Human
and Peoples’ Rights as central pillar of successful response to COVID-19 and
recovery from its socio-political impacts – ACHPR/Res. 449 (LXVI);
xxii. Ensure that Covid-19 containment measures, including those declared under states
of emergency or disaster, are subject to regular review and parliamentary oversight
to confirm that they are and remain time-bound, lawful, necessary, proportionate
and non-discriminatory, and are accompanied by contextually tailored policy
measures for mitigating the adverse impacts, particularly on the most vulnerable
section of society;
xxiii. Ensure accountability in the management of Covid-19 funds;
xxiv. Take steps to ensure the full realization of the economic, social and cultural rights
enshrined in the African Charter;
xxv. Ensure that the target set in the Abuja Declaration, of allocating at least 15% of the
annual budget to the health sector, is consistently met;
xxvi. Urgently address the critical need for social services, such as access to water and
sanitation, enhancing access for the most vulnerable members of the population
including the poor, persons with disabilities, indigenous communities, among
others;
xxvii. Strengthen access to justice and take steps to investigate and prosecute
perpetrators of human rights violations committed in the context of the pandemic,
and as well, ensure redress to the victims of human rights violations;
xxviii. Address peace and security challenges, which have been aggravated during the
COVID-19 pandemic, with restrictions on the movement of migrants and on the
civic space, as well as an increase in domestic and other cases of violence against
women;
xxix. Urgently adopt appropriate and effective measures that are gender-sensitive and
gender-responsive in order to ensure the protection of women’s and girls’ rights;
xxx. Adhere to and comply with the World Health Organization’s Interim Guidelines on
the Preparation, Prevention and Control of COVID-19 for prisons and other places
of detention, and ensure enhanced screening and testing in prisons;
xxxi. Decriminalize petty offences, and ensure the release of persons arrested for petty
offences in order to decongest the prisons and curb the potential spread of the virus;
xxxii. Enhance measures to ensure protection of the rights of children, in accordance
with the Guiding Note on Children’s Rights during COVID-19, issued by the
African Committee of Experts on the Rights and Welfare of the Child;
xxxiii. Ensure access to sexual and reproductive health services is not impeded during
the COVID-19 pandemic;
xxxiv. Enhance measures to guarantee the safety and security of journalists and human
rights defenders;
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xxxv. Ensure continued provision of humanitarian aid to asylum seekers, refugees and
migrants, in addition to access to national health and social protection systems and
continued basic registration and documentation for asylum seekers and refugees;
xxxvi. Coordinate the efforts of relevant agencies at national level in support of health
action, and address the impact of COVID-19 response measures on HIV-related
healthcare services;
xxxvii. Take appropriate measures to safeguard the lives of indigenous peoples and
communities during the COVID-19 pandemic, ensure the safety and security of
indigenous peoples/ communities, and hold perpetrators accountable for any
threats, harassment, violence or excessive force inflicted on them;
xxxviii. Address the negative trends in the response to the COVID-19 pandemic, which
both undermine people's rights and harm any possible recovery from the crisis, and
ensure that the COVID-19 responses and recovery measures contribute to longerterm recovery. There is therefore the need to look beyond the COVID-19 emergency
phase and implement a recovery phase that is focused on: reducing inequalities and
discrimination and transforming their national economies towards social equity;
effective and efficient delivery of basic social services to the people and in particular
heath, education, and sanitation; the pursuit of sustainable development; securing
social protection and social safety nets for the most vulnerable in society as
envisaged in the African Union’s Agenda 2063, including by empowering people
who have been disproportionally affected, such as those living in poverty, women,
people with disabilities, and displaced people; and establishing full and meaningful
participation in governance, for more effective, inclusive response;
xxxix. Build inclusive alliances and platforms, and engage all national and international
stakeholders, including non-State actors, in the planning and implementation of the
socio-economic recovery plans from the Covid-19 crisis, and prioritize inclusive
financial and technical contributions for sustainable national and invariably wider
African development; and
xl. Within the framework of their Union – the AU, devise and adopt a more effective
and sustainable global strategy to help Africa resist such health pandemics.
b) The Assembly of Heads of State and Government
xli. Lead the call for the waiver of relevant trade rules governing intellectual property
rights, so that COVID19 prevention and treatment medical products and vaccine in
particular, can be produced on the continent generically and more easily accessed by
all people during this pandemic.
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