AFRICAN UNION
UNION AFRICAINE
UNIÃO AFRICANA
P. O. Box 3243, Addis Ababa, ETHIOPIA Tel.: Tel: +251-115- 517 700
Website: www.au.int
Fax: +251-115- 517844 / 5182523
EXECUTIVE COUNCIL
Thirty-Second Ordinary Session
22 – 26 January 2018
Addis Ababa, ETHIOPIA
EX.CL/1058(XXXII)
Original: English
ACTIVITY REPORT OF THE AFRICAN COMMISSION ON HUMAN
AND PEOPLES’ RIGHTS
AFRICAN UNION
UNION AFRICAINE
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
43RD 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
EX.CL/1058(XXXII)
Page 1
43RD ACTIVITY REPORT OF THE AFRICAN COMMISSION ON
HUMAN AND PEOPLES’ RIGHTS
PART I:
SUMMARY
1.
This 43rd Activity Report of the African Commission on Human and Peoples’
Rights (the Commission), which is presented to the Heads of State and Government of
the African Union (AU) in accordance with Article 54 of the African Charter on Human
and Peoples’ Rights (the African Charter), covers the period from June to November
15, 2017. 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 inter-session activities of Commissioners; the human
rights situation on the continent; financial, staffing and operational matters;
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 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.
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. Its
mandate, as set out in Article 45 of the African Charter, is to:
i)
Promote Human and Peoples’ Rights;
ii)
Ensure the protection of human and peoples’ rights under conditions laid
down by the Charter;
iii)
Interpret the provisions of the Charter at the request of a State party, an
institution of the OAU or an African organisation recognised by the OAU;
and
iv)
Perform any other tasks which may be entrusted to it by the Assembly of
Heads of State and Government.
4.
Within its protective mandate, the Commission is also specifically charged under
the Charter with receiving and examining Communications (complaints) submitted to it,
EX.CL/1058(XXXII)
Page 2
and receiving and examining periodic reports from State Parties on the legislative or
other measures taken to give effect to the rights and freedoms recognized and
guaranteed by the Charter.
5.
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), the Commission is also
mandated to monitor measures taken by State Parties in relation to the status and
rights of women in their respective countries.
PART III:
A.
BODY
AU
POLICY
ORGANS
MEETINGS,
STATUTORY
INSTITUTIONAL MEETINGS DURING REPORTING PERIOD
AND
OTHER
6.
The Commission participated in the AU Policy Organ Meetings that were held in
Addis Ababa, Ethiopia from 27th June to 4th July 2017.
7.
In addition, four (4) statutory meetings and two (2) other institutional meetings
were held during the reporting period, namely:
a)
The 9th Meeting of the Joint Bureaux of the Commission and the African
Court on Human and Peoples’ Rights (the Court) held on 2nd July 2017 in
Addis Ababa, Ethiopia;
b)
The 22nd Extra-Ordinary Session of the Commission, held in Dakar, The
Republic of Senegal from 29th July to 7th August 2017;
c)
The Regional Seminar on the Implementation of Decisions of the
Commission, held from 12th to 15th August 2017, in Dakar, Senegal;
d)
The Sixth Joint Annual Meeting between the Commission and the Court
held from 8th to 11th August 2017, in Dakar, Senegal;
e)
Meeting of the AU Peace and Security Council held from 3rd to 5th
September 2017, in Addis-Ababa, Ethiopia; and
f)
The 61st Ordinary Session of the Commission held from 1st to 15th
November 2017 in Banjul, The Gambia.
I.
29TH AFRICAN UNION SUMMIT, ADDIS ABABA-ETHIOPIA ON 27TH
JUNE TO 4TH JULY 2017
8.
In line with practice, the 42nd Activity Report of the Commission was presented
before the 34th Ordinary Session of the Permanent Representatives Committee (PRC).
Following discussions at the PRC and Executive Council levels, the Activity Report was
EX.CL/1058(XXXII)
Page 3
authorized for publication through Decision EX.CL/Dec.974(XXXI). The Report has
been published together with the observations of the State Parties and the responses of
the Commission.
9.
The 31st Ordinary Session of the Executive Council re-elected Commissioner
Maya Sahli Fadel (Algeria); and elected the following three (3) new members of the
Commission: HATEM Essaiem – Tunisia; MANUELA Maria Teresa – Angola; and
LUMBU NGOY Rémy – Democratic Republic of Congo (DRC).
II.
STATUTORY AND INSTITUTIONAL MEETINGS
(i)
9th Meeting of the Joint Bureaux of the Commission and the Court
Addis-Ababa, Ethiopia, 2nd July 2017
10.
As mandated by their Rules of Procedure, the Commission and the Court held
the 9th Meeting of the Joint Bureaux on the margins of the July Summit, to discuss the
status of implementation of the decisions of the 5th Joint Annual Meeting of the two
institutions, and to prepare the 6th Joint Annual Meeting of the Commission and the
Court.
(ii)
22nd Extra-Ordinary Session - Dakar, Senegal, 29th July to 7th
August 2017
11.
Details of the activities undertaken by the Commission during its 22nd ExtraOrdinary Session are recorded in the relevant Final Communiqué, which is attached to
this Report as Annex I. The Final Communique is also available on the website of the
Commission: www.achpr.org.
(iii) 6th Joint Annual Meeting between the Commission and the Court
- Dakar, Senegal, 8th to 11th August 2017
12.
The 6th Joint Annual Meeting between the Commission and the Court was held
th
from 8 to 11th August 2017 in Dakar, Senegal. The overall objective of the meeting
was to strengthen the complementarity of the two institutions.
(iv) Regional Seminar on the Implementation of Decisions of the
African Commission on Human and Peoples’ Rights – Dakar,
Senegal, 12th to 15th August 2017
13.
From 12th to 15th August 2017 in Dakar, Senegal, the Commission organised a
Regional Seminar on the Implementation of Decisions of the Commission for countries
of Central, North and West Africa, with the financial support of the European Union
(EU’s) Strengthening the African Human Rights System (PANAF Programme). The
overall objective of the Seminar was to reinforce the African human rights system
through the strengthening of the Commission’s human rights promotion and protection
EX.CL/1058(XXXII)
Page 4
mandates. The Seminar assessed the status of implementation of concluding
observations and other decisions of the Commission.
(v)
Meeting of the AU Peace and Security Council: 3rd to 5th
September 2017, Addis-Ababa (Ethiopia)
14.
Pursuant to a request of the Commission, the AU Peace and Security Council
(PSC) organized a meeting on 5th September to discuss working relations and
partnerships between the different AU Organs.
15.
The objective of the meeting was to provide an opportunity for exchange
between these various organs in order to improve the effectiveness of their work by
ensuring consistency, coordination and dissemination of their actions and reflections.
(vi) 61st Ordinary Session - Banjul, The Gambia, 1st to 15th November
2017
16.
Details of the activities undertaken by the Commission during its 61st Ordinary
Session, which coincided with the 30th Anniversary of the operationalisation of the
Commission, are recorded in the Final Communiqué of the Session, which is attached
to this Report as Annex II. The Final Communique is also available on the website of
the Commission: www.achpr.org.
17.
The inter-Session Reports presented by Members of the Commission and
Special Rapporteurs during the 61st Ordinary Session are also available on the website
of the Commission: www.achpr.org.
III.
STATE REPORTING UNDER ARTICLE 62 OF THE CHARTER
18.
The Commission considered the Combined Periodic Report of the Republic of
Rwanda (11th to 13th), the 14th Periodic Report of the Republic of Niger, and the
Combined Periodic Report of the Democratic Republic of Congo (DRC) (11th to 13th).
19.
The Commission notes with satisfaction that the Republic of Rwanda and the
DRC are the 8th and 9th State Parties, respectively, to fulfil their reporting obligations
under Article 26 of the Maputo Protocol.
20.
With the Initial Periodic Report of the Republic of South Sudan being due in
August 2018, the status of Submission of Periodic Reports to the Commission stands
as follows:
EX.CL/1058(XXXII)
Page 5
Status
State Party
Up to date: 12
Angola, Botswana, Côte d’Ivoire, Democratic Republic of Congo,
Eritrea, Mali, Mauritius, Namibia, Niger, Nigeria, Rwanda, Togo;
1 Report overdue: 11
Algeria, Burkina Faso, Djibouti, Ethiopia, Kenya, Liberia, Malawi,
Mozambique, Senegal, Sierra Leone, and Uganda;
2 Reports overdue: 3
Gabon, The Sudan, Sahrawi Democratic Arab Republic;
3 Reports overdue: 3
Cameroon, Burundi, Libya;
More than 3 Reports
overdue: 19
Benin, Cape Verde, Central African Republic, Chad, Congo, Egypt,
Ghana, Guinea Republic, Lesotho, Madagascar, Mauritania,
Seychelles, South Africa, Swaziland, Tanzania, The Gambia, Tunisia,
Zambia, Zimbabwe;
Never
submitted
Report: 5
Comoros, Equatorial Guinea, Guinea Bissau, Sao Tome and Principe,
Somalia.
a
21.
The Commission wishes to note that Eritrea has submitted its first Report under
Article 62 of the Charter; this State Report, together with the latest Periodic Reports of
Angola, Botswana, Nigeria and Togo, will be considered at the 62nd Ordinary Session
of the Commission.
22.
With specific reference to Article 26 of the Maputo Protocol, only nine (9)
countries are up to date with their reporting obligations thus far, namely: Burkina Faso,
DRC, Malawi, Nigeria, Namibia, Mauritania, Rwanda, Senegal, and South Africa.
IV.
HUMAN RIGHTS COMPLAINTS BEFORE THE COMMISSION
a)
Communications
23.
Of the 232 (Two Hundred and Thirty-Two) Communications currently pending
before the Commission, the following were considered during the reporting period:
Session
22nd Extra-ordinary
Session
Communication – Name, Phase
I.
Seizure
a. Seized
i.
ii.
Communication 657/17 - Jean Marie Atangana Mebara v. Republic of
Cameroon;
Communication 660/17- Jenny Naluwa Cherubala v. Democratic
Republic of Congo.
b. Seized and Provisional Measures Issued
EX.CL/1058(XXXII)
Page 6
i.
ii.
II.
Communication 658/17 - Shereen Said Hamd Bakhet v. Arab Republic
of Egypt;
Communication 659/17 - Ahmed Mustafa & 5 Others (Represented
by Justice for Human Rights-& AMAN Organisation) v. Arab Republic
of Egypt;
Non-Seizures
i. Communication 661/17 – Amir Fam & 141 Others v. Arab Republic of
Egypt
ii. Communication 663/17- Abdullahi Ali Ismail v. Federal Republic of
Somalia
III.
Admissibility
a. Admissible
i. Communication 473/14- Family of the late Jackson Ndikuriyo v.
Republic of Burundi;
ii. Communication 506/15- Gouamba Ninon Pachel (represented by
IHRDA) v. Republic of Congo; and
iii. Communication 573/15 – Blaise Jean Joseph Migolet v. Gabonese
Republic
b. Inadmissible
i. Communication 436/12 – L’Union Nationale v. Republic of Gabon
ii. Communication 596/16: Romy Goornah (represented by Dev
Hurnam) v. Republic of Mauritius
IV. Struck-Out for Lack of Diligent Prosecution
i. Communication 617/16 – Dr Hazem Mohammed Farouk Abdul
Khaliq Mansour v. Arab Republic of Egypt.
ii. Communication 619/16 – Tariq Ibrahim El-Sabie v. Arab Republic of
Egypt.
V.
Merits
i. Communication 339/2007 – Patrick Okiring and Agupio Samson
(represented by Human Rights Network and ISIS-WICCE) v.
Republic of Uganda
VI. Deferred
i.
Communication 574/15 – Mr. Ammar Muhammad Badee Abdel-Magied
Sami and Dr. Muhammad Badee Abdel-Magied Sami (Represented by
European Alliance for Human Rights) v. Arab Republic of Egypt;
ii. Communication 561/15 – Ibrahim Ahmed Mahmoud Mohammed Yamani
(Represented by European Alliance for Human Rights) v. Arab Republic
of Egypt;
iii. Communication 562/15 – Mohammed Aly Abdel Raouf Aly (Represented
by European Entente for Human Rights) v. Arab Republic of Egypt.
iv. Communication 454/13 – Nde Ningo v. Republic of Cameroon
EX.CL/1058(XXXII)
Page 7
v. Communication 290/2004 – Open Society Justice Initiative (on behalf of
Pius Njawe Noumeni) v. Republic of Cameroon
vi. Communication 431/12 – Kwoyelo Thomas v. Republic of Uganda
vii. Communication 348/07- Collectif des familles de disparu (e) s en Algérie
v. People’s Democratic Republic of Algeria
61st
Session
Ordinary
I. Seizure
a. Seized
i. Communication 668/17 - Peter Odiwuor Ngoge, O.P Ngoge &
Associates Advocates v The Republic of Kenya
24.
The above tables show that during the period under review, the Commission was
seized of five (5) Communications; decided not to be seized of two (2); issued two (2)
Provisional Measures; declared three (3) admissible and two (2) inadmissible; decided
one (1) on the Merits; struck out two (2) Communications for lack of diligent
prosecution; and deferred seven (7) Communications at various stages. The
Commission also provided the Secretariat with guidance on nine (9) Communications.
V.
APPLICATIONS FOR OBSERVER AND AFFILIATE STATUS
25.
The Commission granted Observer Status to the following four (4) nongovernmental organisations (NGOS): (i) African Child Policy Forum; (ii) The Gender,
Health & Justice Research Unit; (iii) Reprieve; and (iv) The Centre for Citizen’s
Participation on the African Union, thus bringing the number of NGOs with Observer
Status as at the 61st Ordinary Session of the Commission to five hundred and fifteen
(515).
26.
The Commission did not consider any application for Affiliate Status from
national human rights institutions (NHRIs) in accordance with the Resolution on the
Granting of Affiliate Status to NHRIs in Africa. Thus, the total number of NHRIs with
Affiliate Status with the Commission remains at twenty-four (24) as at the end of the
reporting period.
VI.
STATE COMPLIANCE WITH THE COMMISSION’S DECISIONS,
REQUESTS FOR PROVISIONAL MEASURES AND LETTERS OF
URGENT APPEAL
27.
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:
a)
Implementation of the Commission’s Decisions
28.
During the reporting period, the Commission did not receive any information
regarding the implementation of its decisions in accordance with Rule 112 of its Rules
of Procedure of 2010.
EX.CL/1058(XXXII)
Page 8
b)
Requests for Provisional Measures
29.
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 23 above. Also, during this
period, the Commission received information from the Complainant in Communication
507/15 - Andargachew Tsege and Others (Represented by Reprieve and REDRESS) v.
The Federal Democratic Republic of Ethiopia, on 10 August 2017, indicating that the
State has still not complied with the Provisional Measures requested by the
Commission in this matter.
c)
Letters of Urgent Appeal
30.
During the period under review, 8 (eight) Letters of Urgent Appeal were sent to
State Parties, regarding allegations of human rights violations in States, as reflected in
the table below:
State
1. Republic of Kenya
Date of Letter
Issue warranting Urgent
Letter of Appeal
Status of
Implementation
26 May 2017
This
letter
concerned The State is yet to
allegations of widespread respond.
patterns of extra-judicial
killings
implicating
the
police in Kenya and the
lack of investigation and
prosecution of such cases
of extra-judicial killings.
2. Arab Republic of 27 June 2017
Egypt
This
letter
concerned The State is yet to
allegations relating to the respond.
sentencing of Ten (10)
individuals to death by the
Egyptian Courts.
EX.CL/1058(XXXII)
Page 9
3. United Republic of 03 August 2017
Tanzania
4. Republic of Congo
This letter, which was The State is yet to
issued jointly with the respond.
Chairperson of the African
Committee of Experts on
the Rights and Welfare of
the Child, concerned the
statement made by the
Tanzanian authorities on
22 June 2017 to the effect
that pregnant girls and teen
mothers would no longer
be allowed to attend school
and
continue
their
education.
6 September 2017 This letter concerned the The State is yet to
situation
of
Rwandan respond.
refugees in Congo who did
not
benefit
from
the
exemption for those still in
need
of
international
protection following the
signing of the cessation of
refugee status clause, and
who risk losing their
refugee status and finding
themselves in an irregular
situation by the end of
December 2017.
5. United Republic of 25 October 2017
Tanzania
This
letter
concerned The State is yet to
allegations
of
arbitrary respond.
arrest and detention of
thirteen (13) lawyers and
activists on 17 October
2017, while consulting on
how to institute a case in
Court to challenge the
decision by the Tanzanian
Government to limit the
provision
of
certain
essential
health
care
services for HIV prevention
to key populations at risk of
HIV.
6. Federal Republic of 17 July 2017
Nigeria
This
letter
concerned The State is yet to
allegations of premeditated respond.
attacks on Fulani villages
between 17 and 23 June
2017 by militiamen from
the Mambilla community in
Taraba State of Nigeria,
resulting in numerous loss
of lives including those of
pregnant women, children,
EX.CL/1058(XXXII)
Page 10
elderly people as well as
the killing and rustling of
thousands of cattle and
destruction of property,
causing
the
forced
displacement of thousands
of members of the Fulani
community to neighbouring
Cameroon.
7. United Republic of 8 September 2017 This
letter
concerned The State is yet to
Tanzania
allegations
of
illegal respond.
evictions
and
serious
human rights violations
which occurred on 13 and
14 August 2017 against
Maasai pastoralists in the
Loliondo Division of the
Ngorongoro District, in the
Arusha Region, by rangers
from the Serengeti National
Park (SENAP) and the
Ngorongoro Conservation
Area Authority (NCAA),
with support from Loliondo
police officers, resulting in
thousands of residents
including
women
and
children being rendered
homeless.
8. Federal Republic of 06 October 2017
Nigeria
This letter of appeal related
to a Bill in parliament to
establish an agency which
would monitor, supervise,
de-register,
and
preapprove all activities by
civil society, labour and
community-based
organizations
in
the
country, which would have
the effect of limiting the
rights
to
freedom
of
association and assembly.
The State is yet to
respond
in
writing
(however the matter
was addressed in the
State’s oral intervention
during the 61st Ordinary
Session.)
VII. LETTERS OF APPRECIATION
31.
During the reporting period four (4) letters of appreciation were sent to Heads of
State and Government as follows:
EX.CL/1058(XXXII)
Page 11
State
Date of Letter
Positive development
Appreciation
warranting
Letter
of
1. Republic of Burkina 4 July 2017
Faso
This letter commended the Government of the
Republic of Burkina-Faso for the adoption of a law
on the protection on human rights defenders.
2. Federal Democratic 30 August 2017
Republic of Ethiopia
This letter welcomed the lifting by the Government
of the Federal Democratic Republic of Ethiopia of
the state of emergency which had been imposed by
the Government on 09 October 2016.
3. Republic
Gambia
of
The 16 October 2017
This letter commended the Government of the
Republic of The Gambia on signing the Second
Optional Protocol to the International Covenant on
Civil and Political Rights aiming at the Abolition of
the Death Penalty (Second Optional Protocol) on the
22 September 2017.
4.
Republic
Madagascar
of 18 October 2017
This letter commended the Government of the
Republic of Madagascar for ratifying the Second
Optional Protocol to the International Covenant on
Civil and Political Rights aiming at the Abolition of
the Death Penalty (Second Optional Protocol) on the
21 September 2017.
VIII. PRESS STATEMENTS
32.
In addition to the various Press Releases issued by the Commission and its
Special Mechanisms regarding promotion missions conducted and meetings organized,
during the reporting period, the Commission also issued nine (9) Press Releases
relating to various human rights issues. The Press Releases are available on the
website of the Commission: www.achpr.org.
IX.
PROMOTION MISSIONS AND ADVOCACY VISITS
33.
The Commission did not undertake any Promotion Missions during the reporting
period as it was awaiting the responses of the various State Parties to which requests
for authorization to undertake Promotion Missions had been sent. However, during this
period, authorization was received from the People’s Democratic Republic of Algeria,
for a Promotion Mission to be undertaken from 15 to 24 January 2018.
X.
THE HUMAN RIGHTS SITUATION ON THE CONTINENT
34.
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
EX.CL/1058(XXXII)
Page 12
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 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 States Parties during the intersession period.
a)
Positive developments
35.
The Commission notes with appreciation the following major positive human
rights developments observed during the reporting period:
i)
ii)
The ratification of the Maputo Protocol by the Republic of Mauritius in June
2017, which increased the number of States Parties to the Protocol to thirtynine (39);
The ratification of the Convention against Torture and Other Cruel, Inhuman
or Degrading Treatment or Punishment (Convention against Torture) by the
Republic of Sao Tome and Principe on 10 January 2017;
iii)
The ratification by the Republic of Madagascar of the Second Optional
Protocol to the International Covenant on Civil and Political Rights aiming at
the Abolition of the Death Penalty (Second Optional Protocol) and the
Optional Protocol to the Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment, on 21 September 2017;
iv)
The accession by the Republic of Benin to the International Convention for
the Protection of All Persons from Enforced Disappearance, the Convention
on the Prevention and Punishment of the Crime of Genocide and the
Vienna Convention on the law of treaties;
v)
The ratification by the Central African Republic of the Optional Protocol to
the Convention on the Rights of the Child on the involvement of Children in
Armed Conflict;
vi)
The accession by the Republic of Cote d’Ivoire to the Protocol against the
Smuggling of Migrants by Land, Sea and Air, supplementing the United
Nations Convention against Transnational Organized Crime;
vii)
The Republic of The Gambia’s signing of the Second Optional Protocol to
the International Covenant on Civil and Political Rights aiming at the
Abolition of the Death Penalty, the International Convention on the
Protection of the Rights of all Migrant Workers and Members of their
Families, and the International Convention for the Protection of all Persons
from Enforced Disappearance, on 20 September 2017;
EX.CL/1058(XXXII)
Page 13
viii)
The signing of the Protocol to the African Charter on Human and Peoples’
Rights on the Rights of Older Persons by the Republic of Ghana, the
Republic of Sierra-Leone and the Republic of Zambia in July 2017;
ix)
The increase in the number of State Parties reporting periodically under the
Maputo Protocol, in compliance with Article 26 of the Maputo Protocol to nine (9),
following the State Reports of Rwanda and DRC;
x)
The adoption by the Republic of Burkina Faso of a law on the protection of Human
Rights Defenders;
xi)
The adoption by The United Republic of Tanzania of three laws aimed at
increasing accountability of companies and increasing national revenues
from extractive industries, namely the Natural Wealth and Resources
Contracts (Review and Re-negotiation of Unconscionable Terms) Act, 2017;
the Natural Wealth and Resources (Permanent Sovereignty) Act, 2017; and
the Written Laws (Miscellaneous Amendments) Act, 2017 amending the
Mining Act of 2010;
xii)
The decision of the High Court of the Republic of Kenya declaring as
unconstitutional Section 194 of the Penal Code of Kenya, which creates the
offence of criminal defamation, thus contributing to the protection of the
right to freedom of expression;
xiii)
The commutation of death sentences to life imprisonments in Tanzania,
Nigeria, Mauritania and Sudan;
xiv)
The publication of the electoral calendar in the DRC which sets 23 December 2018
as the date for the holding of Presidential, legislative and provincial elections; and
xv)
The show of respect for the rule of law in the Republic of Kenya, as demonstrated
by the Supreme Court’s decisions relating to the presidential elections, and the
government’s expression of respect for the decision of the Court despite not
agreeing with the ruling annulling the 8 August election.
b)
Areas of concern
36.
The Commission notes with concern some of the following human rights
challenges observed during the reporting period:
i)
Reports on the auctioning of African migrants in Libya as slaves;
ii)
Continued delays in the ratification of the Maputo Protocol by States that
have not yet done so;
iii)
Prohibition of the continued education of pregnant girls and teen mothers in
Tanzania, which amounts to gender discrimination and a violation of both
the African Charter and the Maputo Protocol;
EX.CL/1058(XXXII)
Page 14
iv)
The socio-political crisis in Togo following demonstrations to call for
constitutional reforms, which led to loss of lives and other human rights
violations;
v)
The deterioration of the human rights situation in the DRC, particularly in
the South Kivu where about 37 Burundian refugees were reportedly found
dead on 15 September 2017, and in the Kasai region where human rights
violations and abuses against the civilian population have been perpetrated
by militia and other armed groups;
vi)
The eviction of indigenous pastoralists in Kilosa, Mvomero and Morogoro
Vijijini districts of the Morogoro Region and from Loliondo in Tanzania;
vii)
The deteriorating political situation in South Sudan which is destabilizing the
Gambella Regional State and causing inter-ethnic conflict between the Nuer
and Anuak communities;
viii) The conflict between the Batwa and their Bantu neighbours in the Kantaga
Region, DRC, which has been ongoing for the last four decades;
ix)
Attacks in Mogadishu, Somalia, including the horrific bomb attack in
Mogadishu on 14 October 2017;
x)
Recurrent terrorist attacks against the armed forces and members of
peacekeeping operations in the Sahel countries, particularly in Niger, Mali
and Burkina Faso;
xi)
The impact of natural disasters and climate change on the population,
including loss of lives and destruction of property, in particular landslides in
Sierra Leone and floods in Niger;
xii)
The impact of epidemics on the health of populations, including the ravages
of cholera in the Democratic Republic of the Congo;
xiii) Reports of persistence of discrimination and stigma against persons living
with HIV and those at risk or affected by HIV in health facilities in some
countries, including Tanzania; and
xiv) The continued existence of laws criminalising abortion in State Parties that
have ratified the Maputo Protocol, despite the high rates of maternal
mortality resulting from unsafe abortion.
EX.CL/1058(XXXII)
Page 15
XI.
ADMINISTRATIVE AND FINANCIAL SITUATION
a)
Construction of the Commission’s Headquarters
37.
The Host Government established an Inter-Ministerial Task Team to spearhead
the construction of the Headquarters of the Commission. The Task Team, which
includes a focal person from the Commission, decided that the building design earlier
cleared for the Headquarters of the Commission had been overtaken by the passage of
time and developments over the years, and that therefore a new structural design would
be required. This new design is under preparation by experts designated by the Host
Government, who have obtained relevant information from the Secretariat of the
Commission regarding the Commission.
38.
In addition, H.E. Mr. Adama Barrow, the President of the Republic of The
Gambia, who graced the opening of the 61st Ordinary Session of the Commission,
affirmed his government’s commitment to construct for the Commission a Headquarters
befitting of its status as the continent’s oldest and premier human rights body.
b)
Staffing
39.
During the reporting period, the staffing situation at the Secretariat retrogressed.
The position of Deputy Secretary is now vacant again, following the redeployment of the
Deputy Secretary to serve elsewhere in the AU. The appointment of an Acting Deputy
Secretary in the interim is welcomed and appreciated. However, the Commission
currently has a staff deficit of twenty-five (25) out of the forty-six (46) approved Regular
positions in its structure, the details of which are herewith attached as Annex III.
40.
To enable the Commission to deliver effectively on its mandate, it is necessary
that Legal Officers be urgently recruited for the Secretariat, as the Legal Unit is
extremely understaffed, with only nine (9) out of the approved fourteen (14) Legal
Officers recruited. Most pressing in this regard is the need to recruit Legal Officers that
have the capacity to work in either Arabic or Portuguese, as the Secretariat currently
has none and this area of lack is being felt particularly now because one of the newly
sworn in Commissioners works in Portuguese, and also because the Secretariat
currently has several Communications (complaints) before it that require proficiency in
Arabic.
41.
The referenced under-resourcing cuts across the whole Secretariat. The Finance
Department has just two staff, a Finance Officer and an Accounts Assistant, and finds it
difficult to handle the volume of activities and the attendant expenditures and reporting
requirements.
42.
Regarding interpretation and translation which is a key component of its work,
the Commission relies on just one short-term staff who is designated as
Translator/Interpreter, and therefore continues to experience acute challenges in this
area, daily.
EX.CL/1058(XXXII)
Page 16
43.
Also, despite the vital role played by the Registry in an organization such as the
Commission where management of correspondences is so critical, the Secretariat has
only one (1) Registry Clerk, while it does not have an Information Technology (IT)
Department or Unit, but relies on one short-term staff for all its IT needs,
notwithstanding the centrality of IT to its work, which is often urgent and sensitive.
44.
Indeed, many Units either do not have staff at all or are one-person Units –
including Protocol, as the Secretariat operates with just one Protocol Assistant to meet
all its many protocol needs. These constraints mean that staff work at all sorts of odd
hours, and that when one staff falls sick or goes on leave the absence is felt across the
entire breadth of the operations of the Commission and its Secretariat. Staff are also
thus obliged to continue working even when on leave.
45.
There is therefore need, not only to expedite recruitment to all the vacant
positions, but also to review the current structure of the Secretariat of the Commission
to better align its composition and organogram with the mandate entrusted to it and the
expansion in its work over the years, particularly in the last decade.
46.
While awaiting the review of the structure, in the immediate term, expedited
recruitment is requested for the positions of Deputy Secretary, five (5) Legal Officers
(especially Portuguese and Arabic-speaking Legal Officers, and Legal Officers for
Protection), three (3) Translators/Interpreters, one (1) Senior Human Resource Officer,
one (1) Public Relations and Information Officer, one (1) Information Communication
and Technology Officer, one (1) Administrative Assistant, one (1) Communication and
Database Expert and one (1) Assistant Documentation Officer.
c)
Sessions of the Commission
47.
The volume of matters coming to the attention of the Commission has increased
greatly in recent times, making it difficult for the Commission to process that work within
scheduled sessions. This situation has led to an accumulated work back-clog including
in relation to the handling of complaints of human rights violations (Communications).
48.
It has therefore become imperative for the Commission to dedicate additional
time to its work. In this regard, pursuant to Article 42(2) of the African Charter, as well
as Rules 26 and 27 of its Rules of Procedure, the Commission has decided to increase
the number of days for its Ordinary Sessions from fifteen (15) to twenty-one (21) days,
and for its Extra-Ordinary Sessions from ten (10) to fifteen (15) days. The Commission
will therefore be seeking the requisite extra budgetary support.
EX.CL/1058(XXXII)
Page 17
XII. IMPLEMENTATION OF DECISIONS
a)
Grant of observer status to the NGO called Coalition of African
Lesbians (CAL)
49.
Further to Executive Council Decision EX.CL/887(XXVII) which requested the
Commission to withdraw the observer status granted to CAL and to review its criteria for
granting observer status, it will be recalled that during the discussions of the
Commission’s Activity Report in January 2017, the Commission indicated that the
criteria for granting observer status to NGOs had indeed been reviewed.
50.
Regarding the request that the Commission should withdraw the observer status
of CAL, the request for an Advisory Opinion that was before the African Court on
Human and Peoples’ Rights has now been dispensed with, through the decision of the
Court in which it was held that the entities that had sought an Advisory Opinion from the
Court had no capacity to do so.
51.
Consequently, the matter is no longer sub judice, and the Commission would
now like to indicate and clarify the following:
a)
The decision on the grant of the Observer Status was properly taken in
terms of the Commission’s established processes and criteria.
b)
The Commission is mandated to give effect to the African Charter under
which everyone is entitled to the rights and subject to the duties spelt out in
the Charter, and it is the duty of the Commission to protect those rights in
line with the mandate entrusted to it under Article 45 of the Charter, without
any discrimination because of status or other circumstances.
c)
While fulfilling this mandate, the Commission remains alive to and mindful
of the imperative not to encroach on domestic policy matters that fall
outside its purview.
d)
The Commission will continue to scrutinize the notion of ‘African Values’
within the framework of its mandate to interpret the African Charter.
b)
Harmonization of emoluments of elected officials
52.
A number of Executive Council Decisions call upon the African Union
Commission (AUC) to harmonize the emoluments of elected officials of the Union. In
particular, decisions EX.CL/Dec.974(XXXI) and Ext/EX.CL/Dec.1(XIII) request the AUC
to come up with a proposal to harmonize the remuneration of elected Officials of AU
Organs for consideration and adoption. Further to these Decisions, a meeting was
convened by the AUC together with the AU Organs, and various recommendations
made. The Commission participated in those discussions, and feedback is still awaited.
EX.CL/1058(XXXII)
Page 18
53.
Members of the Commission undertake a lot of work, both during the Sessions of
the Commission, and during the intersession period, as this is when most of the work to
promote human rights with various stakeholders in the different State Parties takes
place. This work goes largely unrecognized and unrecompensed. The Commission
therefore trusts that the matter of Commissioners’ emoluments will be considered and a
decision expeditiously adopted.
c)
AU Commission Mission to Banjul
54.
Executive Council Ex. CL/Decision EX.CL/Dec.974(XXXI) on the Forty-Second
Activity Report of the African Commission on Human and Peoples’ Rights “requests the
AU Commission to conduct a mission to assess governance and accountability issues
in the ACHPR to facilitate a subsequent meeting between the leaderships of the
Commission and the ACHPR to address the findings”. The said mission is yet to take
place.
d)
Mission to the territory of the Sahrawi Arab Democratic Republic
or Western Sahara under the control of the Kingdom of Morocco
55.
It will be recalled that Executive Council Decision EX.CL/Dec.689(XX) requested
the Commission to carry out a mission to the territory referred to by the AU as the
Sahrawi Arab Democratic Republic (SADR) and the United Nations as Western Sahara,
under the control of the Kingdom of Morocco (Morocco), with a view to investigating
human rights violations and to report to the Executive Council in January 2013. The
Commission was not authorized to visit the territory under the control of Morocco, and
therefore undertook a mission to the territories under the government of SADR only.
Following consideration of its report, the Commission was requested through
EX/CL/Dec.775(XXIII) to carry out the fact-finding mission as specified, further to which
the Commission repeated its request for authorization from Morocco to undertake the
mission to the occupied territories, which was denied. The subsequent Decision
EX.CL/Dec.887(XXVII) repeated the request for the mission to be undertaken, and the
Commission again sought authorization from Morocco to undertake the mission but no
response was received.
56.
Most recently, during the 34th Ordinary Session of the PRC and the 31st Ordinary
Session of the Executive Council, the Commission was requested to engage in a
dialogue with Morocco, to facilitate the implementation of Executive Council Decision
EX.CL/Dec. 689(XX). Following this, a request for authorization to undertake the
mission was sent in October 2017, and a response is still being awaited.
XIII. DATES AND VENUE OF THE 62ND ORDINARY SESSION OF THE
COMMISSION
57.
The 23rd Extra-Ordinary Session of the Commission will take place from 13 to 22
February 2018, in Banjul, Republic of The Gambia; and the 62nd Ordinary Session will
take place from 25 April to 09 May 2018, in Nouakchott, Islamic Republic of Mauritania.
EX.CL/1058(XXXII)
Page 19
58.
The Commission expresses its appreciation to the Republic of The Gambia for
hosting the 61st Ordinary Session and the 30th anniversary celebrations of the
operationalization of the Commission. It also appreciates State Parties that have
already hosted Sessions of the Commission, and to the Islamic Republic of Mauritania
for offering to host the 62nd Ordinary Session of the Commission. The Commission also
takes this opportunity to urge other States Parties to consider hosting Ordinary
Sessions of the Commission.
XIV. RECOMMENDATIONS
59.
Having regard to the foregoing, the Commission recommends as follows:
To State Parties:
i)
Acknowledge receipt of the Commission’s correspondences, implement its
decisions on Communications and provide it with all relevant information on
the measures taken to implement its decisions in accordance with Rule 112
of its Rules of Procedure;
ii)
Respect and implement the Provisional Measures issued by the
Commission, and provide the Commission with information on the steps
taken to implement them;
iii)
Respond to Urgent Letters of Appeal send by the Commission;
iv)
Accede to the Commission’s requests to undertake missions in their
countries;
v)
Take all necessary measures to address the various areas of concern
highlighted by the Commission; and
vi)
Consider hosting one of the Sessions of the Commission, in compliance
with Executive Council Decision EX.CL/856(XXV).
To the Permanent Representatives Committee (PRC):
i)
Hold Retreats with the Commission to better understand its work and foster
mutual understanding;
ii)
Attend Ordinary Sessions of the Commission;
iii)
Expedite consideration of the harmonization of the emoluments of elected
officials;
EX.CL/1058(XXXII)
Page 20
iv)
Approve the requisite budgetary increment following the decision of the
Commission to increase the number of days for its Ordinary Sessions from
fifteen (15) to twenty-one (21) days, and for its Extra-Ordinary Sessions,
from ten (10) to fifteen (15); and
v)
Review and augment the structure of the Commission’s Secretariat.
To the Kingdom of Morocco:
i)
Ratify the African Charter; and
ii)
Grant the Commission authorization to undertake the mission mandated by
Executive Council Decision EX.CL/Dec. 689(XX).
To the AUC:
i)
Give due consideration to the operational and governance challenges
confronting the Commission and its Secretariat; and
ii)
Implement various Executive Council Decisions calling for expedited
recruitment to the vacant positions in the Secretariat, and more particularly
recruitment of Arabic and Portuguese Legal Officers and Translators as per
Executive Council Decision EX.CL/Dec.974(XXXI).
To the Host Government/Government of The Gambia:
i)
Resolve the operational challenges confronting the Commission and its
Secretariat, especially by addressing the incessant power outages
experienced by the Secretariat through provision of an appropriate
generator and standby generator; and
ii)
Expedite the construction of an appropriate permanent Headquarters of the
Commission, including through the adoption of timelines for its completion.
To the Assembly of Heads of State and Government:
i)
Assist the Commission get authorization from the Kingdom of Morocco to
undertake the requested mission.
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
Annex 1
Final Communiqué of the 22nd Extraordinary Session of the African
Commission on Human and Peoples’ Rights
Dakar, Republic of Senegal 29 July – 7 August 2017
Annex I
Page 1
Final Communiqué of the 22nd Extraordinary Session of the
African Commission on Human and Peoples’ Rights
1.
The African Commission on Human and Peoples’ Rights (Commission) held its
22nd Extraordinary Session from 29 July to 7 August 2017 in Dakar, Republic of
Senegal.
2.
The Session was convened to consider Communications and other urgent
outstanding matters from the previous Sessions
3.
The Session was chaired by Honourable Commissioner Pansy Tlakula,
Chairperson of the Commission, assisted by Honourable Commissioner Soyata
Maïga, Vice- Chairperson.
4.
The 22nd Extraordinary Session was attended by the following members of the
Commission:
i) Honourable Commissioner Pansy Tlakula, Chairperson;
ii) Honourable Commissioner Soyata Maïga, Vice-Chairperson;
iii)Honourable Commissioner Reine Alapini-Gansou;
iv) Honourable Commissioner Kayitesi Zainabo Sylvie;
v) Honourable Commissioner Lucy Asuagbor;
vi) Honourable Commissioner Maya Sahli-Fadel;
vii) Honourable Commissioner Med S.K. Kaggwa;
viii) Honourable Commissioner Lawrence Murugu Mute;
ix) Honourable Commissioner Jamesina Essie L. King;
x) Honourable Commissioner Solomon Ayele Dersso.
5.
Honourable Commissioner Yeung Kam John Yeung Sik Yuen was absent
with apologies.
6.
At the beginning of its deliberations, the Commission observed a minute of
silence in memory of H.E. Kamel Rezag-Bara, former Chairperson of the
Commission, who passed away on 25 July 2017 in Algiers.
7.
Following the adoption of the agenda, Honourable Commissioner Pansy
Tlakula presented a report on the meetings of AU policy organs held during the African
Union Summit of 27 June to 4 July 2017 in Addis Ababa, Ethiopia.
8.
The Members of the Commission discussed the report of the Secretariat
on the implementation of follow-up actions from the 60th Ordinary Session of the
Commission.
9.
The Commission discussed the preparations for the 30th Anniversary
celebration of the Commission to be held during the 61st Ordinary Session scheduled
for 1 to 15 November 2017 in Banjul, The Gambia.
Annex I
Page 2
10.
The Commission considered the report on progress made in the
implementation of the project on strengthening the African human rights system
(PANAF project).
11.
The Commission followed and made observations on a presentation regarding
the development of a Communication Strategy under the PANAF project.
12.
The Commission also discussed the preparations for the regional seminar
on the implementation of concluding observations and other decisions of the
Commission scheduled for 12 to 15 August 2017 in Dakar, Senegal.
13.
The Commission considered and adopted the following documents:
i) Report of the Working Group on Communications;
ii) Communications Audit;
iii) Paper on Article 58 of the African Charter.
14.
The Commission considered the Draft Amendments to the Rules of Procedure,
mainly the provisions relating to Communications.
15.
The Commission also considered and made observations on the Draft
Format of Reports on Promotion Missions of the Commission.
16.
During the Session,
Communications, including:
i)
ii)
iii)
iv)
v)
the
Commission
considered
twenty-seven
(27)
Six (6) Communications on Seizure: the Commission was seized of
three (3), including granting two (2) requests for Provisional Measures,
and dismissed three (3);
Five (5) Communications for Strike-out: the Commission struck-out two
(2) and deferred three (3);
Five (5) Communications on Admissibility: the Commission declared three
(3) admissible and two (2) inadmissible;
Five (5) Communications on Merits: the Commission adopted one (1)
and deferred four (4);
The Commission also gave guidance on five (05) Communications and
deferred one (01) for additional information.
17.
The Commission expresses its sincere gratitude to the Government and people
of the Republic of Senegal for the warm welcome and hospitality extended to the
members of the African Commission on Human and Peoples’ Rights during the
22nd Extraordinary Session.
Done in Dakar, Republic of Senegal, on 7 August 2017
Annex II
Page 1
AFRICAN UNION
UNION AFRICAINE
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
Final Communiqué of the 61st Ordinary Session of the
African Commission on Human and Peoples’ Rights
Banjul, The Gambia
1 – 15 November 2017
Annex II
Page 1
Final Communiqué of the 61st Ordinary Session of the African
Commission on Human and Peoples’ Rights
1.
The African Commission on Human and Peoples’ Rights (the Commission)
held its 61st Ordinary Session in Banjul, The Gambia, from 1 to 15 November 2017.
2.
The Commission celebrated on this occasion the 30 th Anniversary of its
operationalisation which coincided with the Session.
3.
The opening ceremony was graced by the presence of a Delegation of the host
country of the Commission led by His Excellency Mr Adama Barrow, President of
the Republic of The Gambia, who declared the Session open. The Delegation
included Her Excellency Mrs Fatoumata Tambajang, Vice-President and Minister of
Women’s Affairs; Her Honourable Mrs. Mariam Denton, Speaker of the National
Assembly; His Lordship Mr Hassan Bubacar Jallow, Chief Justice; Honourable
Abubacarr Marie Tambadou, Attorney-General and Minister of Justice and other
Ministers and senior officials.
4.
The ceremony was also attended by the representative of the Chairperson of the
AUC, representatives of AU Organs, representatives of the EU and other members
of the diplomatic corps; etc
5.
The outgoing Commissioners Honourable Commissioner Pansy Tlakula,
Honourable Commissioner Alapini Gansou, and Honourable Commissioner Med
Kaggwa attended the opening ceremony.
6.
In accordance with Article 38 of the African Charter on Human and Peoples’
Rights (the Charter), the newly elected Commissioners were sworn in at the opening
ceremony of the Session. They are Honourable Commissioner Hatem Essaiem,
Honourable Commissioner Remy Ngoy Lumbu and Honourable Commissioner Maria
Teresa Manuela. Honourable Commissioner Maya Sahli-Fadel who was re- elected
was also sworn in.
7.
The Commission elected its new Bureau which shall serve for two years. The
Bureau is composed of Honourable Commissioner Soyata Maiga as Chairperson
and Honourable Commissioner Lawrence Murugu Mute as Vice Chairperson.
8.
The following Members of the Commission participated in the Ordinary Session:
i) Honourable Commissioner Soyata Maiga, Chairperson;
ii) Honourable Commissioner Lawrence Murugu Mute, Vice Chairperson;
iii) Honourable Commissioner Kayitesi Zainabo Sylvie;
iv) Honourable Commissioner Lucy Asuagbor;
v) Honourable Commissioner Maya Sahli-Fadel;
vi) Honourable Commissioner Jamesina Essie L. King;
vii) Honourable Commissioner Solomon Ayele Dersso;
Annex II
Page 2
viii) Honourable Commissioner Hatem Essaiem;
ix) Honourable Commissioner Maria Teresa Manuela; and
x) Honourable Commissioner Remy Ngoy Lumbu.
9.
Honourable Commissioner Yeung Kam John Yeung Sik Yuen was absent
with apologies.
10.
Speaking on behalf of the NGO Forum Steering Committee, Mrs. Hannah
Foster, Executive Director of the African Centre for Democracy and Human Rights
Studies, , reported that in keeping with the celebration of the thirtieth anniversary of
the establishment of the Commission this year, the Forum also adopted the theme
‘celebrating 30 years of the African Commission’. She enumerated key achievements
of the Commission over its thirty years of operation. She noted that the participation and
consultation of civil society organizations in all activities of the Commission enhanced
partnerships and ownership. She acknowledged positive developments regarding the
human rights situation on the continent, and made proposals or recommendations to
address the human rights violations identified by the Forum.
11.
Mrs Susan Chivusia Chatika, delivering a speech on behalf of the Network of
African National Human Rights Institutions (NANHRI), acknowledged the continuing
support of the Commission to NANHRI in its efforts to ensure that all African States
have a National Human Rights Institution compliant with the Paris Principles in order to
enable such bodies to play their full role in the promotion and protection of human
rights.
12.
Speaking on behalf of AU Member States, His Excellency Cheikh Tourad Ould
Abdel Malik, Commissioner for Human Rights and Humanitarian Action of the
Islamic Republic of Mauritania, paid tribute to His Excellency Sir Dawda Jawara for
being instrumental in both the adoption of the Charter and the effective
operationalisation of the Commission. He therefore commended the Commission for
its initiative to present an award of recognition to him on the occasion of the 30 th
Anniversary of the Commission. His Excellency Cheikh Tourad Ould Abdel Malik also
underscored the outstanding work done by the Commission and indicated his optimism
for the future of human rights on the continent despite the existing challenges.
13.
In his address, Mr. Stavros Lambrinidis, European Union Special
Representative for Human Rights, applauded the ongoing collaboration on human
rights issues between the African Union’s Human Rights System and the European
Union; of which the most recent development is the latest round of the AU-EU dialogue
conducted on the margins of this 61st Ordinary Session and celebrations of the 30 th
Anniversary of the establishment of the Commission.
14.
Mr. Mahamane Cissé Gouro, Head of Africa Division at the Office of the
United Nations (UN) High Commissioner for Human Rights (OHCHR), speaking on
behalf of Mr. Zeid Ra’ad Al Hussein, UN High Commissioner for Human Rights,
Annex II
Page 3
paid tribute to past and present Commissioners of the Commission as well as to staff of
the Secretariat for the work done over the years despite challenges related to
limited resources. He indicated that the AU ten years Action Plan and the Addis
Ababa Roadmap which set up a platform for cooperation between the Special
Mechanisms of the UN and those of the Commission are the main frameworks of
collaboration between the OHCHR and the Commission.
15.
Honourable Justice Maria Mapani, Vice President of the African Committee of
Experts on the Rights and Welfare of the Child (ACERWC), talking about the
achievements of the Commission over its thirty years of existence, noted the rich
jurisprudence of the Commission. She equally spoke about the collaboration between
the ACERWC and the Commission.
16.
Honourable Justice Bensaoula Chafika, representing Honourable Justice
Sylvain Oré, the President of the African Court on Human and Peoples' Rights (the
Court), recalled the statutory complementarity between the Court and the Commission
and opined that the 30th Anniversary of the Commission is an opportunity to evaluate
the work done up to now and devise strategies and plans for improvement where
necessary.
17.
In her opening statement, the outgoing Chairperson of the Commission,
Honourable Commissioner Pansy Tlakula, noted the historic attendance to a
Session of the Commission by the President of the Republic of The Gambia; and
indicated that by gracing the event, His Excellency Adama Barrow demonstrated his
commitment to human rights. She then warmly welcomed all participants to the 61 st
Ordinary Session. She gave a brief narration of the steps towards the
establishment of the Commission from the entry into force of the Charter on 21 st
October 1986, to the inaugural Session held in Ethiopia in June 1989.
18.
In taking stock of the work of the Commission since her appointment as
Commissioner in 2005, she highlighted key elements, including the creation of six
additional Special Mechanisms raising the special procedures of the Commission to
14 as of today; and the adoption of soft law instruments (Principles, Guidelines,
General Comments, Declarations, Model Laws, etc.) adopted by the Commission
pursuant to article 45(1)(b) of the Charter.
19.
Speaking about the gains regarding general human rights situation in Africa over
her term at the Commission, she noted the ratification of important regional and
international human rights instruments by an increased numbers of States Parties, the
collaboration between States Parties and the Commission, the establishment of human
rights institutions by States Parties as well as their adoption of legal framework s
favourable to human rights; the birth in 2011 of a newest nation, South Sudan, which
recently also became a State Party to the African Charter and the readmission of the
Kingdom of Morocco into the African Union.
Annex II
Page 4
20.
Regarding challenges, she cited the human rights violations stemming from
the ongoing conflict in Africa’s newest nation, South Sudan; contemporary
challenges such as the rise in violent extremism and terrorism as well as the
proliferation of terrorist attacks in Africa, increasing youth unemployment, climate
change and related unpredictable weather patterns, increased strains on natural
resources such as arable land and potable water, destabilizing election periods,
disruption of internet and telecommunication services, the HIV pandemic. She also
referred to the continued harassment, arrest, arbitrary detention of human rights
defenders, journalists, trade union and opposition members, and LGBTI persons in
the States Parties, which are of extreme concern to the Commission. In addition to
these, she mentioned new emerging human rights challenges which she urged the
Commission to consider; namely the independence of the judiciary, data protection
and cyber security. She also urged the government of the Kingdom of Morocco to
ratify the African Charter. The outgoing Chairperson finally paid tribute to all her
colleagues and expressed appreciation to the Secretariat for its support during her
mandate as Commissioner.
21.
Delivering the statement of His Excellency Mr Moussa Faki Mahamat,
Chairperson of the AUC, Her Excellency Mrs Minata Samate Cessouma,
Commissioner for Political Affairs of the AUC, commended the commitment of the
Government and the people of the Republic of The Gambia to the African Union
Human Rights Agenda as clearly demonstrated by hosting the Commission. She
equally commended the Commission for its work and for the meticulous way in which
this 61st Ordinary Session has been organized.
22.
She stated that the participation of the African Union Commission’s leadership in
this Session and the celebrations of the 30 th Anniversary of the Commission is an
indication of its full support to all human rights organs and bodies of the Union as
well as to all other stakeholders striving for the protection of human rights in Africa.
23.
She recalled the commitment of African leaders to human rights who have
dedicated the last three years and 2018 to human rights themes which correspond to
the seven Aspirations in Agenda 2063 and its ten years Action Plan. Following the
declaration, in June 2016, of the Human and Peoples’ Rights Decade in Africa, she
stated that the AUC, in cooperation with all African human Rights Organs and
Bodies, is actively coordinating the development of an action plan to be soon presented
to the AU Policy Organs for consideration and adoption. She also referred to the
ongoing processes within the AU of creating critical mechanisms like the Transitional
Justice Policy and the establishing of the Pan African Institute for Human Rights as
per the adopted African Human Rights Strategy.
24.
She noted with regret failures to address or prevent gross human rights
violations which are ongoing or have occurred in the past such as the Rwand a
genocide. She urged all stakeholders to be vigilant in order to ensure that similar
violations do not ever happen again in Africa. She equally called upon States Parties to
domesticate the various human rights instruments which they have ratified and put a
Annex II
Page 5
stop to impunity by making the Declaration enabling direct access to the Court by
individuals. She also insisted on the utmost need to invest in the youth as to ensure
that they are assets to achieving Agenda 2063. She finally pledged the support of the
African Union to His Excellency Mr. Adama Barrow and the People of The Gambia in
their efforts to build a truly democratic society.
25.
His Excellency Mr. Adama Barrow, President of the Republic of The Gambia,
welcomed participants to the 61st Ordinary Session of the Commission and the
celebrations of the 30th Anniversary of the Commission’s establishment. He expressed
the pride of his country to host the Commission and that his Government is
committed to construct a permanent structure to house the headquarters as per the
Host Agreement. He acknowledged with appreciation the fact that the Commission
has remained committed to the protection of human rights in The Gambia despite the
then existing challenges. He equally extended appreciation to international
organisations and NGOs who supported Gambians’ struggle towards democracy. He
also made an overview of some achievements of the Commission since its
establishment and spoke about human rights developments in Africa with specific
reference to recent efforts made by the Government of The Gambia in implementing
its human rights obligations. He called on Member States to join his country in
supporting the work of the Commission. He wished delegates fruitful deliberations and
declared open the 61 st Ordinary Session of the Commission.
26.
Honourable Commissioner Soyata Maiga gave a vote of thanks to outgoing
Commissioners. She highlighted their key accomplishments, and she wished them
well in their future endeavours.
27.
Honourable Commissioner Soyata Maiga and Honourable Commissioner
Lawrence M. Mute presided over the deliberations during the Ordinary Session, in
their capacity as Chairperson and Vice Chairperson of the Commission.
28.
A total of six hundred and nineteen (619) delegates participated in the
Session: one hundred and twenty-five (125) representing twenty four(24) Member
States, twelve (12) representing AU Organs, twenty (20) representing National
Human Rights Institutions (NHRIs), five (5) representing International and InterGovernmental Organizations, two hundred and seventy-one (271) representing
African and International Non-Governmental Organisations (NGOs), forty-two (42)
representing other observers and twenty-two (22) representatives from the media.
29.
As key activities of the celebrations of the 30 th Anniversary, four panels were
held, that dealt with the past, present and future of the work of the Commission, as well
as the work of the Commission in relation to the youths. The themes of each of
these panels were respectively as follows:
i) Panel on the Past “Reflections on the Commission’s Beginnings and Work”;
ii) Panel on the Present “Taking Stock of the Present”;
iii) Panel on the Future “The Way Forward”; and
Annex II
Page 6
iv) Panel on the Youth “What are the views of the Youth on the work of the
Commission”.
30.
These panels featured speakers and panellists including current
Commissioners, former Commissioners, delegates from State Parties, as well as
resource persons from the academia, NHRIs, the NGO sector and other partners of
the Commission. These panel discussions also involved extensive interactive
discussions with the plenary during the first three days of the public session of the
Commission.
31.
The outcome document capturing resolutions and recommendations deriving
from the deliberations of these activities would be made public by the Commission in
due course and the necessary follow up mechanisms set up accordingly.
32.
Participants to the 61st Ordinary Session and the celebrations of the 30 th
Anniversary of the Commission observed a solemn minute of silence i n memory of
all former Commissioners who had passed away.
33.
The celebrations of the 30th Anniversary of the Commission included a gala
dinner at which an award was presented to His Excellency Sir Dawda Kairaba Jawara,
for his instrumental role in the adoption of the Charter and the establishment of the
Commission. The award was received by his representative.
34.
The celebrations also included an exhibition of its work and specific publications
from the Commission and its partners were released.
35.
Representatives of the following seventeen (17) State Parties made statements
on the human rights situation in their respective countries: Mauritania, Lesotho,
Cameroon, Tunisia, Mali, South Africa, Niger, Burkina Faso, Egypt, Kenya, Angola,
Ethiopia, Algeria, Malawi, Togo, Nigeria and Eritrea.
36.
Representatives of the African Peer Review Mechanism, the AU Office in
Geneva and the International Committee of the Red Cross made statements
highlighting the collaboration between the Commission and their respective Offices in
promoting and protecting human rights.
37.
Two (2) representatives of NHRIs also made statements on the human rights
situation in their respective countries, namely:
i) The National Human Rights Commission of Nigeria; and
ii) The National Human Rights Institution of Niger.
38.
A total of sixty-five (65) NGOs with Observer Status with the Commission
made statements on the human rights situation in Africa.
39.
The Commission did not examine any application for Affiliate Status from NHRIs
Annex II
Page 7
in accordance with the Resolution on the Granting of Affiliate Status to NHRIs in Africa.
Thus, the total number of NHRIs with Affiliate Status with the Commission remains
twenty-seven (27).
40.
The Commission granted Observer Status to four (4) NGOs, in accordance
with the Resolution on the Criteria for Granting and Enjoying Observer Status to
Non- Governmental Organisations Working in the Field of Human and Peoples’
Rights, namely:
i) The African Child Policy Forum;
ii) The Gender, Health & Justice Research Unit;
iii) Reprieve; and
iv) The Centre for Citizen’s Participation on the African Union.
41.
This brings the total number of NGOs with Observer Status with the
Commission to five hundred and fifteen (515).
42.
In accordance with Article 62 of the African Charter, the Commission considered
the periodic reports of the following three (3) State Parties:
i) The Republic of Rwanda;
ii) The Republic of Niger; and
iii) The Democratic Republic of Congo.
43.
Members of the Commission presented the following reports of activities
undertaken during the inter-session period as Commissioners and within the
framework of their various Special Mechanisms:
i)
Outgoing Chairperson of the Commission;
ii)
Chairperson of the Working Group on Death Penalty, Extrajudicial,
Summary or Arbitrary Killings in Africa;
iii)
Chairperson of the Working Group on Economic, Social and Cultural
Rights in Africa;
iv)
Outgoing Special Rapporteur on Freedom of Expression and Access
to Information in Africa;
v)
Special Rapporteur on the Rights of Women in Africa;
vi)
Outgoing Special Rapporteur on Human Rights Defenders in Africa;
vii)
Outgoing Special Rapporteur on Prisons, Conditions of Detention and
Policing in Africa;
Annex II
Page 8
viii) Chairperson of the Committee on the Protection of the Rights of People
Living with HIV and those at Risk, Vulnerable to and Affected by HIV;
ix)
Chairperson of the Working Group on Communications;
x)
Chairperson of the Working Group on Indigenous
Populations/Communities in Africa;
xi)
Special Rapporteur on Refugees, Asylum Seekers, Internally Displaced
Persons and Migrants in Africa;
xii)
Chairperson of the Working Group on Extractive Industries, Environment
and Human Rights Violations in Africa;
xiii) Chairperson of the Committee for the Prevention of Torture in Africa; and
xiv) Chairperson of the Working Group on the Rights of Older Persons and
People with Disabilities in Africa.
44.
In accordance with paragraph 25 of the APRM Base Document
NEPAD/HSGIC/03-2003/APRM/MOU/Annex II; the Commission considered the APRM
Reports of the Republic of Chad and the Republic of Djibouti.
45.
The Commission effected a reallocation of its Special Mechanisms and countries
amongst its members. This reallocation would be made available on the website of the
Commission.
46.
The Commission launched the following three (3) documents and studies during
the 61st Ordinary Session:
i)
Study on Extractive Industries,
Populations/Communities Rights;
Land
Rights
and Indigenous
ii) Guidelines on Freedoms of Association and Assembly;
iii) Guidelines on Combatting Sexual Violence and Its
Consequences in Africa;
47.
The following panels were also held during the Session:
i)
Stakeholders’ Consultation on Draft Guidelines for State Reporting
on Extractive Industries, Human Rights and the Environment;
ii) Panel on the protection of sacred natural sites and ancestral lands
across Africa.
Annex II
Page 9
iii) Panel on the Abolition of the Death Penalty in Africa; and
iv) Panel Discussions on African Conflicts, Transitional Justice and the
African Charter: Role for the Commission.
48.
The Commission held meetings with representatives of the Directorate of
Strategic Planning of the AUC with which it had consultations on the AUC Medium
Term Plan 2018-2023; and with the Permanent Representative Council of the African
Union who attended the Session.
49.
The Commission considered and adopted the following documents with
amendments:
i)
The Draft Study on “HIV, the Law and Human Rights in the African Human
Rights System: Key Challenges and Opportunities for Rights-Based
Responses to HIV”;
ii)
The Draft Guidelines on Access to Information and Elections for Africa; and
iii)
Principles on the Decriminalisation of Petty Offences;
50.
The Commission considered and made recommendations on The General
Comment on Article 7 of the Maputo Protocol.
51.
The Commission considered and adopted the following:
i) The Report of the Secretary;
ii) The Report on Finance and Budgetary Matters; and
iii) The 2018 Annual Work Plan.
52.
The Commission also considered and made recommendations on urgent issues
which could not be made public as per the confidentiality of certain matters provided
under the Charter.
53.
The Commission deferred consideration of the following:
i)
Report of the Promotion Mission to the Republic of Nigeria;
ii)
Concluding Observations on the Periodic Report of the Islamic
Republic of Mauritania and of the Republic of Côte d’Ivoire;
iii)
Draft of its Revised Rules of Procedures;
iv)
The Report of the First Regional Seminar on Implementation
of the Commission’s Decisions as well as the Minutes of its
Evaluation Meeting;
Annex II
Page 10
54.
v)
The Revised Guidelines on the Format of Reports on Promotion
Missions of the Commission; and
vi)
The update on PANAF.
The Commission adopted the following Resolutions:
i)
Resolution on the
Renewal of the Mandate of the Special
Rapporteur on Asylum Seekers, Refugees, Migrants and IDPs in Africa;
ii)
Resolution on the Renewal of the Mandate of the Special Rapporteur
on the Rights of Women in Africa;
iii)
Resolution on the Appointment of the Special Rapporteur on Prisons
and Conditions of Detention in Africa;
iv)
Resolution on the Appointment of the Special Rapporteur on Human
Rights Defenders and Focal Point on Reprisals in Africa;
v)
Resolution on the Appointment of the Special Rapporteur on
Freedom of Expression and Access to Information in Africa;
vi)
Resolution on the Appointment of the Chairperson, Renewal of the
Mandate and Reconstitution of the Working Group on Specific Issues
relevant to the Work of the Commission;
vii)
Resolution on the Appointment of the Chairperson, Renewal of the
Mandate and Reconstitution of the Working Group on Communications;
viii) Resolution on the Appointment of the Chairperson, Renewal of the
Mandate and Reconstitution of the Committee on Resolutions;
ix)
Resolution on the Appointment of the Chairperson, Renewal of the
Mandate and Reconstitution of the Committee for the Prevention of
Torture in Africa;
x)
Resolution on the Appointment of the Chairperson, Renewal of the
Mandate and Reconstitution of the Advisory Committee on Budgetary
and Staff Matters;
xi)
Resolution on the Renewal of the Mandate and Reconstitution of the
Working Group on Extractive Industries, Environment and Human
Rights Violations in Africa;
xii)
Resolution on the Renewal of the Mandate and Reconstitution of the
Working Group on Indigenous Populations/Communities in Africa;
Annex II
Page 11
xiii) Resolution on the Renewal of the Mandate and Reconstitution of the
Working Group on Death Penalty, Extrajudicial, Summary or Arbitrary
Killings in Africa;
xiv) Resolution on the Renewal of the Mandate 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;
xv) Resolution on the Renewal of the Mandate and Reconstitution of the
Working Group on Economic, Social and Cultural Rights in Africa and
Renewal of the Appointment of its Chairperson and Members; and;
xvi) Resolution on the Renewal of the Mandate and Reconstitution of the
Working Group on the Rights of Older Persons and Persons with
Disabilities in Africa.
55.
Eighteen (18) Communications were tabled as follows:
i)
Fourteen (14) Communications on Seizure, of which one was seized
and decisions regarding thirteen (13) were deferred;
ii)
Two Communications at Admissibility stage, for which the Commission
deferred their consideration;
iii)
One (1) Communication on the Merits, for which the Commission
deferred its consideration; and
iv)
One (1) Communication for referral to the Court for which the
Commission deferred its consideration.
56.
The Commission further considered and provided guidance on three (3)
Communications.
57.
The Commission considered and adopted its 43 rd Activity Report, which will be
submitted to the 32nd Ordinary Session of the Executive Council of the AU during the
30th Summit of the Assembly of Heads of State and Government.
58.
The Commission proposed to hold the joint meeting of the Bureaux of the Court
and of the Commission in January 2018 on the margins of the upcoming Summit of the
African Union in Addis Ababa, Ethiopia.
59.
The Commission decided to hold its 23 rd Extraordinary Session from 13 to 22
February 2018 in Banjul, The Gambia.
Annex II
Page 12
60.
The Commission decided to hold its 62
May 2018 in Nouakchott, Mauritania.
nd
Ordinary Session from 25 April to 9
61.
The Commission expresses its sincere gratitude to the Government and people
of the Republic of The Gambia for the warm welcome and hospitality extended to
participants. The Commission also expresses its sincere appreciation to the
Republic of The Gambia for all the resources and facilities made available to the
Commission, which contributed to the smooth conduct and success of the Session
and the celebrations of the 30 th Anniversary.
62.
The closing ceremony of the Session was held on 15 November 2017 in
Banjul, The Gambia.
Done in Banjul, Republic of The Gambia, on 15 th November 2017
Annex III(a)
Page 1
Approved ACHPR Secretariat Structure & Status of Recruitment as at 15
December 2017
THIS STRUCTURE WAS APPROVED: 2008
Following Decision EX.CL/Dec.476(XIV), the structure of the ACHPR Secretariat is now
as follows:
1 Secretary to the Commission
1 Deputy Secretary
3 Senior Legal Officers (Promotion)
2 Senior Legal Officers (Protection)
1 Senior Legal Officer (Special Mechanisms)
3 Legal Officers (Promotion)
3 Legal Officers (Protection)
2 Legal Officers (Special Mechanisms)
3 Translators/Interpreters
1 Administration & Human Resource Officer
1 Public Relations & Information Officer
1 Finance and Administration Officer
1 ICT Officer
1 Communications & Database Expert
1 Documentalist
1 Accounts Assistant
1 Administrative Assistant
1 Human Resource Assistant
1 Documentation Assistant
1 Protocol Assistant
2 Bilingual Secretaries
2 Secretaries
1 Clerk
2 Security Guards
1 Cleaner
1 Receptionist
2 Drivers
3 Drivers/Mail Runners
2 Messengers
Total posts in the new establishment 46
* Wrongly graded in Decision as GSB6
P6
P5
P3
P3
P3
P2
P2
P2
P4
P3
P3
P2
P2
P1
P1
GSA5
GSA5
GSA5
GSA5
GSA5
GSA5
GSA4
GSA3
GSB8
GSB6
GSA2
GSB7
GSB7*
GSB6
Annex III(a)
Page 2
REGULAR POSTS FILLED (AS AT 15 DECEMBER 2017)
1. Secretary to the Commission (Executive Secretary)
2. 2 Senior Legal Officers (Protection)
3. 2 Senior Legal Officers (Promotion)
4. 2 Legal Officers (Promotion)
5. 3 Legal Officers (Protection)
6. Finance and Administration Officer
7. Documentalist
8. Accounts Assistant
9. Protocol Assistant
10. 1 Secretary
11. 1 Clerk
12. 1 Receptionist
13. 4 Drivers
Total Number of Regular Posts filled: 21 posts
REGULAR POSTS NOT FILLED (AS AT 15 DECEMBER 2017)
Legal Department
1 Senior Legal Officer (Promotion)
1 Senior Legal Officer (Special Mechanisms)
1 Legal Officer (Promotion)
2 Legal Officers (Special Mechanisms)
Total Legal Officers needed to be recruited: 5
Other departments
1 Deputy Secretary
3 Translators/Interpreters
1 Administration & Human Resources Officer
1 Public Relations & Information Officer
1 ICT Officer
1 Communication & Data Base Expert
1 Administrative Assistant
1 Human Resources Assistant
1 Documentation Assistant
2 Bilingual Secretaries
1 Secretary
2 Security Guards
1 Driver
1 Cleaner
2 Messengers
Total Number of other staff needed to be recruited: 20
Grand total number of all staff needed to be recruited: 25
Annex III(a)
Page 3
APPROVED RECRUITMENT PLAN
Posts to have been filled in 2010
1 Legal Officer (Promotion)
1 Legal Officer (Protection)
1 Arabic Translator/Interpreter
1 ICT Officer
1 Accounts Assistant
1 Administrative Assistant
1 Bilingual Secretary
1 Receptionist
1 Driver
Total 9
(Only 5 filled)
P2
P2
P4
P2
GSA5
GSA5
GSA5
GSA2
GSB7
-Filled in 2011
-Filled in 2011
Not filled
Not filled
-Filled in 2011
Not filled
Not filled
-Filled in 2012
-Filled in 2012
P4
P3
P3
P2
P2
Not filled
-Filled in 2012
Not filled
-Filled in 2011
Filled
in
GSB7
-Filled in 2012
Posts to have been filled in 2012
1 Senior Legal Officer (Protection- Replacement)
P3
-
Filled
in
1 Senior Legal Officer (Promotion)
P3
-
Filled
in
1 Legal Officer (Promotion)
1 Human Resources Assistant
1 Documentation Assistant
1 Protocol Assistant
1 Driver (Replacement)
Total 7
(Only 4 filled)
P2
GSA5
GSA5
GSA5
GSB7
Not filled
Not filled
Not filled
-Filled in 2011
-Filled in 2012
Posts to be filled in 2013
1 Deputy Secretary
1 Portuguese Translator/Interpreter
1 Senior Legal officer (Promotion)
P5
P4
P3
Not filled
Not filled
Filled
in
1 Senior Legal Officer (Promotion – replacement)
1 Administration & Human Resources Officer
1 Legal Officer (Protection)
P3
P3
P2
Not filled
Not filled
Filled
in
1 Legal Officer (Special Mechanisms)
1 Communications & Database Expert
Total 8
(None filled)
Posts to be filled in 2014
1Public relations/Information officer
1 Legal Officer (Special Mechanisms)
1 Bilingual Secretary
P2
P1
Not filled
Not filled
P3
P2
GSA5
Not filled
Not filled
Not filled
Posts to have been filled in 2011
1 French/English Interpreter/Translator
1 Senior Legal Officer (Protection)
1 Senior Legal Officer (Special Mechanism)
1 Legal Officer (Protection)
1 Legal Officer (Promotion)
2014
1 Driver
Total 6
(Only 4 filled)
2014
2014
2014
2014
Annex III(a)
Page 4
1 Secretary
1 Driver
2 Messengers
2 Security Guards
Total 9
Position to be filled in 2016 (staff retired)
1 Cleaner
GSA4
GSB7
GSB6
GSB8
Not filled
Not filled
Not filled
Not filled
GSB6
Not filled
No. of posts overdue since 2012: 12
No. of posts due for 2013:
8
No. of posts not yet due:
9
Total No. of posts to be filled:
25
Total no. of Legal Officers needed to be in place:
Total no. of Legal Officers on the ground
= 14
= 9
SUMMARY OF CURRENT LIST OF POSTS TO BE FILLED
Administration
1 Deputy Secretary
1 Administration & Human Resources Officer
P5
P3
Legal Officers
1 Senior Legal Officer (Special Mechanisms)
1 Senior Legal Officer (Protection)
1 Legal Officer (Promotion)
2 Legal Officers (Special Mechanisms)
P3
P3
P2
P2
Interpreters/Translators
1 Arabic Translator/Interpreter
1 French/English Interpreter/Translator
1 Portuguese Translator/Interpreter
P4
P4
P4
Information & IT
1 Public relations/Information Officer
1 ICT Officer
1 Communications & Database Expert
P3
P2
P1
General Services
1 Administrative Assistant
1 Human Resources Assistant
1 Documentation Assistant
2 Bilingual Secretaries
1 Secretary
1 Driver
2 Messengers
1 Cleaner
2 Security Guards
TOTAL OF POSTS TO BE FILLED URGENTLY:
GSA5
GSA5
GSA5
GSA5
GSA4
GSB7
GSB6
GSB6
GSB8
25
Organogram of the Secretariat of
the African Commission on Human
and Peoples’ Rights
Members of the
Commission
(11)
Annex III(b)
Page 1
- Protocol Assistant
- Bilingual Secretary
- Driver
Executive
Secretary
(1)
Senior
Finance
Officer
Accounts
Assistant
Translators/
InterpretersRevisers (3)
Deputy Secretary
Communication
Database
Expert
Administration
and Human
Resources Officer
Secretary
Receptionist/
Telephone
Operator
Legal
OfficersSpecial
Mechanisms
(2)
Senior Legal
Officer
Protection (2)
Legal Officer
Protection (3)
Administrative
Assistant
Security
Guards
(2)
Bilingual
Secretary
Clerk
Driver/
Mail Runner (5)
- 1 Cleaner
- 2 Messengers
ICT
Specialist
Documentalist
Documentation
Assistant
Senior
Legal
Officers
Promotion
(3)
Public Relations &
Information
Officer
Legal
Officer/Researcher
s (3)
EX.CL/Draft/Dec…..(XXXII)
Page 1
DRAFT
DECISION ON THE FORTY-THIRD ACTIVITY REPORT OF THE AFRICAN
COMMISSION ON HUMAN AND PEOPLES’ RIGHTS
The Executive Council,
1.
TAKES NOTE of the Forty-Third (43rd) Activity Report of the African Commission
on Human and Peoples’ Rights (the ACHPR) and AUTHORISES its publication;
2.
EXPRESSES its appreciation for the efforts deployed by the ACHPR during the
reporting period to promote and protect human rights on the continent;
3.
URGES State Parties to submit their Periodic Reports in compliance with Article
62 of the African Charter and Article 26 of the Maputo Protocol;
4.
REITERATES ITS CALL to State Parties to sign the Protocol to the African
Charter on Human and Peoples’ Rights on the Rights of Older Persons in Africa,
thereby ensuring its entry into force;
5.
URGES the Kingdom of Morocco to ratify the African Charter on Human and
Peoples’ Rights in addition to other relevant regional human rights instruments,
and FURTHER URGES the Government of the Kingdom of Morocco to authorize
the ACHPR to undertake the fact-finding mission to the territory referred to by the
African Union as the Sahrawi Arab Democratic Republic and the United Nations
as Western Sahara, as mandated by Executive Council Decision
EX.CL/Dec.689(XX);
6.
ENCOURAGES State Parties to comply with requests for Provisional Measures,
as well as Decisions and Recommendations of the ACHPR as set out in the
Communications to which they are parties, and URGES State Parties to inform
the ACHPR of the measures taken to implement its Decisions in line with Rule
112 of the ACHPR’s Rules of Procedure;
7.
URGENTLY CALLS ON the AUC to expedite recruitment for Legal Officers who
work in Portuguese and Arabic and Legal Officers for Protection, in addition to
the various unfilled positions at the ACHPR Secretariat in accordance with its
organogram;
8.
APPROVES the commencement of the process of reviewing the structure of the
Secretariat of the ACHPR to better align its composition and organogram with the
mandate entrusted to it and the expansion in its work over the years;
9.
COMMENDS the ACHPR’s decision to increase the number of days for its
Ordinary Sessions from fifteen (15) to twenty-one (21) days, and for its Extra-
EX.CL/Draft/Dec…..(XXXII)
Page 2
Ordinary Sessions from ten (10) to fifteen (15) days, in order to dedicate
sufficient time to its work;
10.
RECOMMENDS the convening of a Retreat between the Permanent
Representatives Committee and the ACHPR, to better understand the ACHPR’s
mandate and modus operandi, in addition to fostering mutual understanding;
11.
COMMENDS the Host Government for its commitment to constructing
permanent Headquarters equipped with the requisite facilities for the ACHPR,
and urges expeditious finalization of the process, including through the adoption
of timelines which would form the basis for reporting to the Executive Council on
the progress being made;
12.
EXPRESSES ITS APPRECIATION to the Republic of Gambia for the excellent
facilitation accorded to the ACHPR during its commemorative activities to mark
the 30th anniversary of the establishment of the ACHPR and the 61st Ordinary
Session, held in Banjul, The Gambia in November 2017; and
13.
TAKES NOTE of the offer by the Republic of the Islamic Republic of Mauritania
to host the 62nd Ordinary Session, and CALLS ON Member States, particularly
those that have not yet done so, to consider hosting one of the Sessions of the
ACHPR.