UNION AFRICAINE
AFRICAN UNION
UNIÃO AFRICANA
African Commission on Human &
Peoples’ Rights
Commission Africaine des Droits de
l’Homme & des Peuples
31 Bijilo Annex Layout, Kombo North District, Western Region, P. O. Box 673, Banjul, The Gambia
Tel: (220) 4410505 / 4410506; Fax: (220) 4410504 E-mail: au-banjul@africa-union.org; Web:
www.achpr.org
REV 7
DRAFT
41ST 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.
INTRODUCTION
1. This 41st Activity Report of the African Commission on Human and Peoples’ Rights
(the Commission), which is presented in accordance with Article 54 of the African
Charter on Human and Peoples’ Rights (the African Charter), covers the period
sandwiched between the Commission’s 58th and 59th Ordinary Sessions, held in
May and November 2016, respectively.
II.
STATUTORY MEETINGS HELD DURING REPORTING PERIOD
2. Five (5) statutory meetings were held during the reporting period, namely: (i) the 9th
and 10th Meetings of the Joint Bureaux of the Commission and the African Court on
Human and Peoples’ Rights (the Court) held on 16 July 2016 in Kigali, Rwanda, and
19 September 2016, in Arusha, Tanzania, respectively; (ii) the 20th Extraordinary
Session held from 9 to 18 June 2016 in Banjul, Islamic Republic of The Gambia; (iii)
the 5th Annual General Meeting of the Commission and the Court held from 20 to 22
September 2016 in Arusha, Tanzania; and (vi) the 59th Ordinary Session of the
Commission held from 21 October to 4 November 2016 in Banjul, Islamic Republic
of The Gambia.
a) 9th and 10th Meeting of the Joint Bureaux of the Commission and the
African Court on Human and Peoples’ Rights
3. The 9th and 10th Meetings of the Bureaux of the Commission and the Court were
held pursuant to the complementarity of the two institutions and their respective
mandates and Rules of Procedure. Amongst other things, the Meetings discussed
outstanding matters including progress regarding the establishment and
operationalization of the Pan African Human Rights Institute (PAHRI) and the Legal
Aid Fund; reports from the Joint Committees of the Commission and the Court; as
well as activities to commemorate 2016 as the African Year of Human Rights under
the theme “2016: African Year of Human Rights with Particular Focus on the Rights
of Women (African Year of Human Rights).
b) 5th Joint Annual Meeting of the Commission and the Court (Arusha,
Tanzania, 19 to 22 September 2016)
4. The 5th Joint Annual Meeting of the Commission and the Court took place in
Arusha, Tanzania, from 20 to 22 September 2016, and discussed different matters
pertaining to their complementarity with a view to enabling the two Organs to
deliver better and more effectively on their mandates.
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c) 20th Extraordinary Session – Banjul, Islamic Republic of The Gambia, 9 to
18 June 2016
5. During the 20th Extraordinary Session, the Commission, inter alia, adopted five (5)
Resolutions; considered twenty-seven (27) Communications; and held a meeting
with a delegation from the African Peer Review Mechanism (APRM) focusing on
possible areas of cooperation and collaboration.
d) 59th Ordinary Session - Banjul, The Gambia, 21 October to 4 November
2016
6. A total of five hundred and eighty-one (581) Delegates participated in the 59th
Ordinary Session; with one hundred and twenty-nine (129) representing twenty-six
(26) Member States, thirty-one (31) representing the African Union and its Organs,
thirty-nine (39) representing National Human Rights Institutions (NHRIs), thirteen
(13) representing international and inter-governmental organisations, two hundred
and ninety-eighty (298) representing non-governmental organisations (NGOs), and
forty-five (45) representing other observers and the media.
7. The Opening Session of the 59th Ordinary Session was a truly historic and befitting
one in that it was a Joint Opening of two Organs of the African Union (AU), namely
the Commission and the African Committee on the Rights and Welfare of the Child
(Children’s Committee). This was the very first time that two AU Organs have
synchronized their activities so as to sit in the same country, same city, on the same
dates, held a Joint Opening of their respective Sessions and also held a joint sitting to
discuss matters common to their respective mandates. The synchronization was in
commemoration of 2016 as African Year of Human Rights.
8. The Joint Opening Ceremony was attended by the following AU entities which have a
human rights mandate: the African Court on Human and Peoples’ Rights; African
Union Commission on International Law, African Union Advisory Board on
Corruption, African Peer Review Mechanism (APRM) and Department of Political
Affairs of the AUC.
9. While H.E. the Chairperson of the African Union Commission, Dr. Nkosazana
Dlamini Zuma, was not able to be personally present at the Joint Opening
Ceremony, she was virtually present through the Message of Support which she
sent. The 59th Ordinary Session of the Commission and the 25th Ordinary Session of
the Children’s Committee were jointly officially opened by Honourable Mama
Fatima Singhateh, Attorney General and Minister of Justice of the Islamic Republic
of The Gambia, on behalf of H.E. Aja Dr Isatou Njie Saidy, the Vice-President of the
Islamic Republic of The Gambia, the Commission’s host country.
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10. A Human Rights Dialogue was organised within the framework of the Session in
line with the commemorative nature of the 59th and 28th Ordinary Sessions of the
Commission and the Children’s Committee respectively. The Dialogue brought
together all stakeholders working in the field of human rights, including AU Organs
with a human rights mandate; UN Agencies; National Human Rights Institutions;
States Parties; NGOs as well as individuals working in the field of human rights.
The discussions focused on the main hurdles faced by human rights institutions in
executing their respective mandates, as well as how these challenges impact the
enjoyment of the rights enshrined in the various human rights instruments ratified
by the States Parties. The Dialogue further considered the factors inhibiting State
Parties in their efforts to comply with their obligations under the various human
instruments and also explored factors that could enable State Parties to better
comply with and implement the decisions of AU Human Rights Organs.
11. The Outcome Document emanating from the Dialogue would be adopted during the
next Ordinary Session of the Commission.
12. The Commission also seized the commemorative nature of this Session to organise
interactive sessions of its Special Mechanisms to highlight and exchange
perspectives on different human rights issues on the continent, especially as they
pertain to women. Representatives of twenty four (24) State Parties, eight (8)
National Human Rights Institutions, thirty-five (35) NGOs having Observer Status
with the Commission made statements during the interactive panel discussions.
13. Also as part of the commemorative activities celebrating the African Year of Human
Rights, the Commission in collaboration with the Gambia Youth Council in
conjunction with the AU African Youth Division and the African Youth
Commission together organized a Youth Panel, to give the youth a voice in human
rights issues affecting them and provide them with a platform from which to
articulate the challenges they face and make recommendations for going forward.
The Youth Panel further sought to create awareness of the Declaration by Heads of
State and Government of 2017 as the Year of the Youth in Africa under the theme
“Harnessing the Demographic Dividend Through Investments in Youth”, and to
garner stakeholder support for related activities.
III.
STATE REPORTING
14. During the Session, the Commission considered the following State Reports: the 6th
to 8th Combined Periodic Report of the Republic of Mauritius covering the period
May 2009 - December 2015, and the Periodic Report of the Republic of Côte d’Ivoire
covering the period 2012 - 2015.
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15. The status of submission of Periodic Reports to the Commission by Member States
as at the 59th Ordinary Session was follows:
Status
Up to date: 09
1 Report overdue: 11
2 Reports overdue: 5
3 Reports overdue: 3
More than 3 Reports
overdue: 19
Never submitted a
Report: 7
State Party
Algeria, Burkina Faso, Côte d’Ivoire, Kenya, Mali, Mauritius,
Namibia, Niger, South Africa;
Cameroon, Djibouti, Ethiopia, Gabon, Malawi, Mozambique,
Nigeria, Sahrawi Democratic Arab Republic, Senegal, Sierra
Leone, Uganda;
Angola, Liberia, Libya, The Sudan, Togo;
Botswana, Burundi, Rwanda;
Benin, Cape Verde, Central African Republic, Chad, Republic of
Congo, Democratic Republic of Congo, Egypt, The Gambia,
Ghana, Guinea Republic, Kingdom of Lesotho, Madagascar,
Mauritania, Seychelles, Swaziland, Tanzania, Tunisia, Zambia
and Zimbabwe;
Comoros, Equatorial Guinea, Eritrea, Guinea Bissau, Sao Tome
and Principe, Somalia and South Sudan.
16. During the period under review, the Commission adopted Concluding
Observations on the Periodic Reports of the People’s Democratic Republic of
Algeria; the Republic of South Africa; the Republic of Namibia; and the Republic of
Mali.
IV.
RESOLUTIONS ADOPTED BY THE COMMISSION
17. The Commission adopted the following
reporting period:
Session
20th
ExtraOrdinary
Session
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sixteen (16) Resolutions during the
Resolutions adopted
A.
Resolutions on Mechanisms
Resolution to Renew the Mandate of the Focal Point between the African
Commission on Human and Peoples’ Rights and the African Peer Review
Mechanism;
Resolution on the Renewal of the Mandate of Expert Members of the
Committee on the Protection of the Rights of People Living with HIV and
Those at Risk, Vulnerable to and Affected by HIV;
Resolution on the Renewal of the Mandate of Expert Members of the
Working Group on Extractive Industries, Environment and Human Rights
Violations in Africa.
B.
Thematic Resolutions
Resolution to Revise the Declaration of Principles on Freedom of
Expression in Africa.
C.
Country Resolution
Resolution on Attacks on Persons with Albinism in Malawi.
59th
Ordinary
Session
A. Resolutions on Mechanisms
Resolution on the Appointment of an Expert Member of the Working
Group on Indigenous Populations/Communities in Africa;
Resolution on the Appointment of an additional Expert Member of the
Working Group on Economic, Social and Cultural Rights in Africa.
B. Country Resolutions
Resolution on the Human Rights Situation in the Federal Democratic ic
Republic of Ethiopia;
Resolution on the Human Rights Situation in the Republic of Burundi;
Resolution on the Human Rights Situation in the Democratic Republic of
Congo;
Resolution on the Human Rights situation in the Gabonese Republic;
Resolution on the Human Rights Situation in the Islamic Republic of The
Gambia.
C. Thematic Resolutions
Resolution on the Criteria for Granting and Maintaining Observer Status to
Non-Governmental Organisations working on Human and Peoples’ Rights
in Africa;
Resolution on the Right to Freedom of Information and Expression on the
Internet in Africa;
Resolution on the need to Develop Guidelines on Policing and Assemblies
in Africa;
Resolution on Developing Reporting Guidelines with Respect to the
Extractive Industries.
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HUMAN RIGHTS COMPLAINTS BEFORE THE COMMISSION
a) Communications
18. One hundred and ninety-nine (199) Communications are currently pending before
the Commission. Communications were considered as follows during the reporting
period:
Session
20th
Extraordinary
Session
Communication – Name, Phase
I. Seizure
A. Seized
Communication 468/14 – Remember Miamingi v. The Republic of The
South Sudan and Republic of Uganda (Seized with regard to Uganda);
Communication 613/16 - Femi Falana v. The Republic of Burundi;
Communication 619/16 – Mr. Tariq El-Sabie v. The Arab Republic of
Egypt;
Communication 622/16 – Aline BAHOGWERHE v. The DRC;
Communication 623/16 – Miles Investments & 2 Others v. The Republic
of Sierra Leone;
Communication 625/16 - Basem Kamali Mohammed Odeh v. The Arab
Republic of Egypt;
Communication 626/16 – Philip Forsang Ndikum (Represented by
Ndikum Law Offices) v The Republic of Cameroon;
Communication 628/16 – African Society Petroleum Consultants
(Represented by Dr. Ekollo Moundi Alexandre) v. The Republic of
Cameroon;
Communication 631/16 – Perem Aoudou v The Republic of Cameroon.
B. Seized and Provisional Measures Issued
Communication 617/16 – Dr. Hazem Mohammed Farouk Abdul Khaliq
Mansour v. The Arab Republic of Egypt;
Communication 621/16 - Mr. Fadel El-Mawala Hosny Ahemad
(Represented by Justice for Human Rights (JHR), and Aman
Organization) v. The Arab Republic of Egypt;
Communication 627/16 – Essam Ahmed Mahmoud El-Haddad
(Represented by Abdullah Ahmad Mohammad Al-Haddad and the
Alliance for Human Rights) v. The Arab Republic of Egypt;
Communication 629/16 – Khalid Mohamed Al Maghawry Mohamed
Zakaria & Another (Represented by Dalia Lotfy) v. The Arab Republic of
Egypt;
Communication 630/16 – Abdul Basseer Abdul Raouf Abdul Haleem &
Another (Represented by Dalia Lotfy) v. Egypt.
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D. Not Seized
Communication 468/14 – Remember Miamingi v. The Republic of
South Sudan and the Republic of Uganda (Not Seized with regard to
South Sudan);
E. Deferred
Communication 465/14 (R) – Benedict F. Sannoh (Represented by
Innocent Project Africa) v. The Republic of South Sudan;
Communication 618/16 - Ahmed Bassiouny Hanfy Masour (Represented
by Dalia Lotfy) v. The Arab Republic of Egypt.
II. Admissibility
A. Admissible
Communication 376/09 - Acleó Kalinga v. The Republic of Uganda;
Communication 450/13-451/13 – Godwin Pius and Others
(Represented by LEDAP and SERAP) v. The Federal Republic of
Nigeria;
Communication 460/13 – Francisco Filipe Machado Vasco Mboia
Campira (Represented by Dr. Gilles Cistac) v. The Republic of
Mozambique
Communication 463/14 - Eugène Atigan-Ameti (Represented by
Collectif des Associations contre l’Impunité au Togo) v. The Republic of
Togo;
Communication 502/14 - The Republic of South Africa v. The DRC.
B. Inadmissible
Communication 461/13 – Eskinder Nega Fenta and Reyoot Alemu
(represented by Media Legal Defence Initiative & Freedom Now) v. The
Federal Democratic Republic of Ethiopia;
Communication 505/14- Tamine Abdellah v. The People’s Democratic
Republic of Algeria.
IV. Merits
59th
Ordinary
Session
8|Page
Communication 393/10 - IHRDA v DRC.
I. Seizure
A. Seized
Communication 618/16–Ahmed Bassiouny Hanfy Masour (Represented
by Dalia Lotfy) v. The Arab Republic of Egypt;
Communication 622/16- Aline BAHOGWERHE v. The Republic of DRC;
Communication 624/16-American and British Christ International
School v. Federal Democratic Republic of Nigeria;
Communication 632/16–Lawyers for Justice in Libya & The Redress
Trust v. Libya;
Communication 635/16 – Omar Mohamed Aly Ibrahim v. The Arab
Republic of Egypt;
Communication 638/16 – TRIAL v. The Republic of Burundi;
Communication 641/16– Dr Abdel Azim Ibrahim Mohammed v. The
Arab Republic of Egypt.
A. Seized and Provisional Measures Issued
Communication 637/16- Mr. Mohammed Abdel Hay Faramawy and Mr.
Mostafa Abdel Hay Faramawy ( Represented by Dr. Abdel Hay
Faramawy and 3 Ors) v The Arab Republic of Egypt;
Communication 639/16- Mr Amed Farooq Kamel Mohammed
(Represented by Mr. Farooq Kamel Mohammed and 3 Ors) v. The Arab
Republic of Egypt;
Communication 640/16- Sharif Hassan Jalal Samak (Represented by the
Organisation of European Alliance for Human Rights and AMAN
Organisation) v. The Arab Republic of Egypt.
C. Not Seized
Communication 633/16 – Jean-Claude Mbango & 2 Others (Represented
by Mr Herve Ambroise Malonga and 3 Other Lawyers) v. The Republic
of Congo;
Communication 634/16– Bendridi v. Peoples’ Democratic Republic of
Algeria;
D. Deferred
Communication 636/16 – IHRDA and Others v. The Republic of
Burundi.
II. Admissibility
A. Admissible
Communication 475/14 - Family of the late Médard Ndayishimiye
v. The Republic of Burundi.
B. Inadmissible
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Communication 434/12 - Filimao Pedro Tivane (Represented by Dr.
Simeao Cuamba) v. The Republic of Mozambique.
19.
The tables above show that during the period between May 2016 and November
2016:
The Commission was seized of twenty-four (24) Communications, and decided
not to be seized of three (3);
The Commission issued eight (8) requests for Provisional Measures;
Nine (9) Communications were considered and decided at admissibility level, six
(6) of which were declared admissible, and three (3) inadmissible;
One (1) Communication was considered and decided on the Merits.
APPLICATIONS FOR OBSERVER AND AFFILIATE STATUS
a) NGOs granted Observer status at the 59th Ordinary Session
20. The Commission granted Observer Status to the following six (6) NGOs in
accordance with the Resolution on the Criteria for Granting and Enjoying Observer
Status to NGOs Working in the Field of Human and Peoples’ Rights: Kenya Legal
and Ethical Issues Network on HIV/AIDS; National Coalition of Human Rights
Defenders (Kenya); Tshwaranang Legal Advocacy Centre(South Africa); The Great
Lakes Initiative for Human Rights and Development; The International Center for
Not-for-Profit Law(USA); and La Clinique Juridique d l’Université de Goma.
21. This brings the current number of NGOs with Observer Status with the Commission
to five hundred and four (504).
22. Further to Executive Council Decision EX.CL/887(XXVII), the Commission
reviewed the criteria for granting of Observer Status to NGOs. The revised criteria is
herewith attached as Annex 1.
b) Applications by NHRIs for Affiliate Status
23. No applications were received from NHRIs for Affiliate Status during this reporting
period.
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VII.
STATE
COMPLIANCE
WITH
THE
DECISIONS, REQUEST FOR PROVISIONAL
LETTERS OF URGENT APPEAL
COMMISSION’S
MEASURES AN
24. The Commission noted that State compliance with its Decisions, Requests for
Provisional Measures and Letters of Urgent Appeal is relatively low, as reflected by
the information reaching the Commission regarding State compliance which was as
follows:
a) Decisions
25. In Communication 288/04 - Gabriel Shumba v. The Republic of Zimbabwe: The
Complainants sent a correspondence to the Commission indicating that the State
had not yet implemented the recommendations contained in the decision of the
Commission.
b) Requests Provisional Measures
26. During the reporting period, none of the eight (8) Requests for Provisional Measures
issued by the Commission was responded to by the respective Respondent State
Parties.
c) Letters of Urgent Appeal
27. The status of responses to Letters of Urgent Appeal sent to State Parties during the
reporting period, regarding human rights issues alleged to have occurred in their
respective countries, was as reflected in the table hereunder:
State
Issue warranting Urgent Status of Implementation
Letter of Appeal
1. Federal Democratic Regarding the alleged The State is yet to
Republic of Ethiopia
unlawful
state respond.
appropriation of land
belonging to the Mursi
community of Lower
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Omo Valley.
2. United Republic of Regarding the alleged The State
Tanzania
unlawful detention and respond.
intimidation of defenders
of
the
rights
of
indigenous people in the
Loliondo region.
is
yet
to
is
yet
to
3. Federal Republic of Regarding a report of fire
Ethiopia
outbreak
in
Qilinto
Prison in Addis Ababa.
4. Islamic Republic of the Regarding the alleged
Gambia
unlawful
arrest
and
detention of political
activists and journalists.
5. Republic of Liberia
Regarding the alleged
breach of the right to
education through the
State
outsourcing
provision
of
basic
education
to
private
providers
under
the
programme “Partnership
Schools for Liberia”.
6. Islamic Republic of the
Calling upon the State to
Gambia
observe due process and
respect human rights
with
regards
to
proceedings against all
accused
persons,
including
opposition
members and journalists;
and to create a political
and social environment
conducive to fair, free,
open
and
peaceful
elections.
The State
respond.
7. Republic of Zambia
The State responded on
19
October
2016,
explaining
the
circumstances and giving
its view point on the
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Regarding the alleged
unlawful closure of the
Post Newspaper and
alleged arrests of the
newspaper’s owner, his
State is yet to respond.
The State
respond.
is
yet
to
The State
respond.
is
yet
to
8. Kingdom of Lesotho
9. Republic
Sudan
wife
and
the
Newspaper’s
Deputy
Managing Editor.
Regarding
alleged
reports of suppression of
freedom of expression
and attacks on the media.
of
South Regarding alleged attacks
by the State on journalists
in South Sudan.
10.
Republic
of Regarding alleged threats
Zimbabwe
to freedom of expression
during the general mass
protests in the country.
11. Republic of Burundi
Regarding the alleged
disappearance of Mr.
Jean
Bigirimana,
a
Burundian
journalist
working
for
the
Newspaper Iwacu.
Regarding the alleged
12. Federal Democratic deaths of more than fiftyRepublic of Ethiopia
five (55) people in a
stampede in Bishoftu,
Oromia Region, on 2
October 2016.
matter.
The State responded on
28
October
2016,
providing an explanation
of what took place and
why.
The State
respond.
is
yet
to
The State
respond.
is
yet
to
The State
respond.
is
yet
to
The State
respond.
is
yet
to
28. The above table shows that of the twelve (12) State Parties to which Letters of Urgent
Appeal were sent by the Commission during the reporting period, only two (2) were
acknowledged and/or responded to:
IX.
LETTERS OF APPRECIATION
29. The Commission sent Letters of Appreciation to the Republic of Kenya for:
i.
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issuing a directive that all eligible Makonde people be issued with
National Identification Cards by December 2016 and all responsible
Government departments ensure that members of the community where
issued with title deeds for land belonging to them.
ii.
invoking the Power of Mercy provided for in Article 133 of the
Constitution of the Republic of Kenya and (a) commuting the sentences of
all two thousand seven hundred and forty seven (2,747) death row
prisoners to life imprisonment, and (b) releasing one hundred and two
(102) prisoners serving long sentences.
iii.
for adopting of the Access to Information Act and signing it into law.
X.
PRESS STATEMENTS
30. The Commission issued 12 (twelve) Press Statements during the reporting period,
which are available, inter alia, on the website of the Commission.
XI.
PROMOTION MISSIONS AND ADVOCACY VISITS
31. Within the framework of its protection and promotion mandate under Articles 45
and 58 of the African Charter, the Commission undertook the following missions
during the reporting period:
a) Country Visit to Côte d'Ivoire, from 23 to 28 May 2016;
b) Promotion Mission to the DRC, from 6 to 12 August 2016;
c) Promotion Mission to Côte d’Ivoire, from 26 September to 5 October 2016;
and
d) Promotion Mission to the Republic of Angola, from 3 to 7 October 2016.
32. The Commission expresses its gratitude to these States for acquiescing to and
facilitating the conduct of these missions. The Commission also seizes this
opportunity to express its appreciation to the Republics of Namibia, Mauritania,
Tunisia and South Africa for responding favourably to the Commission’s requests to
undertake promotion missions in their respective countries. These missions would
be undertaken soon, on dates mutually agreed to between the Commission and the
respective State Parties.
XII.
ACTIVITIES OF COMMISSIONERS
33. Activities undertaken by Commissioners in their capacities as Members of the
Commission and as Members of Special Mechanisms are available on the
website of the Commission on www.achpr.org. These activities consist of
participation in statutory meetings of the Commission, promotion missions,
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seminars, conferences, workshops and meetings organised by the Commission
and its Special Mechanisms, and also those organised by human rights
stakeholders such as State Parties, the United Nations system and civil society.
XIII. 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 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 gathered as the Commission monitors
the human rights situation in the various States Parties during the intersession
period.
35. This time round, the content and format of the 59th Ordinary Session were framed
in such a way as to reflect the commemorative nature of the occasion. Therefore, the
exchanges that normally take place between the Commission and stakeholders were
not as extensive as usual. Consequently, the information availed for this section was
also not as extensive. It is against this background that the Commission highlights
with appreciation the following developments:
a) Positive developments
i.
ii.
iii.
iv.
v.
vi.
vii.
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adoption of the Protocol to the African Charter on Human and Peoples’
Rights on the Rights of Older Persons by the Assembly of Heads of States
and Governments of the African Union;
ratification of the Maputo Protocol by the Peoples’ Democratic Republic of
Algeria, making it the 38th State Party to ratify the instrument;
abolition of child marriages in the Islamic Republic of The Gambia and the
Republic of Zimbabwe;
creation of a women’s unit in prisons and provision of adequate facilities for
female inmates with children in the Republic of Kenya, to improve prison
conditions and protect prisoners’ rights;
building of new prisons to curb overcrowding and ensure prisoners safety
in the People’s Democratic Republic of Algeria;
reduction in female prisoners in the Islamic Republic of Mauritania to two
(2);
implementation of the Guidelines on Conditions of Arrest, Police Custody
and Pre-trial Detention in Africa (Luanda Guidelines) by the Republic of
Malawi;
viii.
ix.
updating of its Sentencing Guidelines in the Republic of Uganda; and
the collective efforts deployed by different stakeholders including the
International Committee of the Red Cross, the Swiss Government and the
Federal Republic of Nigeria to secure the release of 21 of the Chibok girls
who were captured more than two years back.
b) Areas of concern
36. The Commission notes with concern some of the following human rights challenges
observed during the reporting period:
i.
ii.
iii.
iv.
continuing political crises of different intensities across the continent, with
the attendant negative side effects on human rights generally and
particularly on economic, social and cultural rights;
increasing numbers of refugees and internally displaced persons, including
old people, unaccompanied children, victims of sexual violence and disabled
people;
continued violence, discrimination, stigma and social exclusion directed at
persons with albinism; and
arrests and harassment of journalists and human rights defenders in various
parts of the continent.
XIV. ADMINISTRATIVE AND FINANCIAL SITUATION
a) Funding
37. The funding situation of the Commission has not improved. The Commission
continues to rely on partners to fund some of its key activities such as Extraordinary
Sessions, which are devoted mainly to the consideration of Communications. Such a
situation is not desirable for an AU Organ dealing with such important and
sensitive matters. Therefore the situation needs to be reviewed so that State Parties
shoulder their responsibilities in this regard.
b) Staffing
38. The recruitment process is on-going and efforts are underway to fill a number of
vacant posts, both at the professional and general services levels. The Commission
expresses its appreciation to the AUC for the appointment of the Deputy Secretary
who assumed duties on 1 October 2016, and hopes that the new round of
recruitments will prioritise the appointment of Arabic and Portuguese Revisers and
Interpreters, to enable the Commission to work, produce and communicate its work
in all the official languages of the AU.
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c) Construction of the Headquarters of the Commission
39. The Commission has nothing to add to its report in the 40 th Activity Report, that the
Commission had received on 31st March 2016, a copy of a correspondence from the
Ministry of the Host Government addressed to the Ministry of Finance and
Economic Affairs and to the Ministry of Justice, requesting these Ministries to
provide an update on the construction of a Permanent Headquarters for the
Commission.
XV.
DATES AND VENUE OF THE 21ST EXTRAORDINARY SESSION AND
THE 60TH ORDINARY SESSION OF THE COMMISSION
40. The 21st Extraordinary Session of the Commission will take place from 23 February
to 4 March 2017 in Banjul, Islamic Republic of the Gambia. The 60th Ordinary
Session of the Commission will take place from 8 to 22 May 2017 in Niamey,
Republic of Niger.
41. The Commission expresses its appreciation to the Islamic Republic of The Gambia
for hosting the 59th Ordinary Session, to State Parties that have already hosted
Sessions of the Commission and to the Republic of Niger and Sudan for offering to
host the 60th and the 61st Ordinary Sessions of the Commission respectively. The
Commission also seizes this opportunity to urge States Parties that have never
hosted Ordinary Sessions of the Commission to consider doing so.
XVI. RECOMMENDATIONS
42. In light of the foregoing, the Commission recommends as follows:
a) State Parties to:
i.
ii.
iii.
iv.
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provide the Commission with adequate funding to avoid its dependence on
partner funding;
address the human rights issues identified in their respective countries;
comply with Requests for Provisional Measures, decisions and
recommendations of the Commission, as set out in the Communications to
which they are parties and inform the Commission of the measures taken in
line with Rule 112 of the Commission’s Rules of Procedure;
respond to Letters of Urgent Appeals sent by the Commission;
v.
strengthen protection for women and other vulnerable groups to ensure
their security especially during conflict, and ensure prompt, credible,
transparent, independent, impartial and comprehensive investigations into
allegations of sexual violence and other forms of violations perpetuated
against women where they occur;
popularise and implement the African Youth Charter within their various
States and scale-up mentorship of the youth to prepare them for leadership;
develop and/or strengthen national follow up mechanisms for the
implementation of the Decisions of AU Organs with a human rights
mandate; and
authorize the Commission to undertake promotion missions in their
respective countries.
vi.
vii.
viii.
b) AUC to expedite:
i.
ii.
iii.
the preparation of the Ten Year Human Rights Plan of Action in collaboration
with AU Organs with a human rights mandate, with clearly identified entry
points and vectors for synergy and coordination;
recruitment of staff of the Secretariat of the Commission, especially Arabic and
Portuguese Translators and Interpreters, to enhance the capacity of the
Commission to deliver on its mandate; and
review of the structure and organogram of the Commission with a view to
providing the Commission ‘s Secretariat with the requisite capacity to
adequately support the Commission and its work.
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