AFRICAN UNION
UNION AFRICAINE
UNIÃO AFRICANA
African Commission on Human &
Peoples’ Rights
Commission Africaine
l’Homme & des Peuples
des
Droits
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
44TH 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
1|Page
de
PART I:
SUMMARY
1. This 44th Activity Report of the African Commission on Human and Peoples’
Rights (‘ACHPR’ or ‘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 or
Charter), covers the period from November 15, 2017 to May 9, 2018. It
highlights, among others: the statutory and other institutional meetings of the
Commission; the status of State reporting; Resolutions adopted by the
Commission; the human rights complaints before the Commission; the various
interventions of the Commission on human rights issues including Urgent
Appeal letters, Press Releases and Letters of Appreciation; the human rights
situation on the continent; financial, staffing and operational matters;
implementation of the Recommendations of the Commission; and
Recommendations to the Assembly of Heads of State and Government.
PART II:
BACKGROUND
2. The Commission was established in terms of Article 30 of the African Charter,
which was adopted by the Assembly of Heads of State and Government of the
Organization of African Unity (OAU) in 1986. The African Charter has been
ratified by all Member States of the AU, except Morocco. The Commission
became operational in 1987 and has its headquarters in Banjul, The Gambia.
3. The Commission is composed of eleven (11) Members elected by AU Heads of
State and Government, who serve in their individual capacities on a part-time
basis. 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
recognized 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. The Commission is also specifically charged under the Charter with receiving
and examining Communications (Complaints) submitted to it, and receiving
and examining periodic reports from State Parties on the legislative or other
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.
2|Page
Similarly, Article 14 of the African Union Convention for the Protection and
Assistance of Internally Displaced Persons in Africa (Kampala Convention)
requires State Parties to report the legislative and other measures which they
have taken to ensure the rights of internally displaced persons.
PART III:
BODY
I. AU POLICY ORGANS MEETINGS, STATUTORY AND
INSTITUTIONAL MEETINGS DURING REPORTING PERIOD
OTHER
6. The Commission participated in the AU Policy Organs Meetings that were held
in Addis Ababa, Ethiopia, from 22 to 29 January 2018 as follows:
i.
ii.
iii.
35th Ordinary Session of the Permanent Representatives’
Committee (PRC): 22 – 23 January 2018;
32nd Ordinary Session of the Executive Council (EC): 25 – 26
January 2018;
30th Ordinary Session of the Assembly of Heads of State and
Government (the Assembly): 28 – 29 January 2018.
7. In addition, two (2) statutory meetings and one (1) institutional meeting were
held during the reporting period, namely:
i.
ii.
iii.
The 10th Meeting of the Joint Bureaux of the Commission and the
African Court on Human and Peoples’ Rights (the African Court)
held on 27 January 2018 in Addis Ababa, Ethiopia;
The 23rd Extra-Ordinary Session of the Commission, held from 13
to 22 February 2018 in Banjul, The Gambia; and
The 62nd Ordinary Session of the Commission held from 25 April
to 9 May 2018 in Nouakchott, Mauritania.
30th African Union Summit, Addis Ababa-Ethiopia on 22 to 29 January 2018
8. The 43rd Activity Report of the Commission was presented before the 35th
Ordinary Session of the PRC. Following discussions at the PRC and Executive
Council, the Activity Report was authorized for publication through Executive
Council Decision EX.CL/995(XXXII) on the 43rd Activity Report of the
Commission.
9. The Report has been published together with the observations of the State
Parties and the responses of the Commission.
3|Page
II. STATUTORY AND INSTITUTIONAL MEETINGS
10th Meeting of the Joint Bureaux of the Commission and the African Court in
Addis-Ababa, Ethiopia, 27 January 2018.
10. As mandated by their Rules of Procedure, the Commission and the African
Court held the 10th Meeting of the Joint Bureaux on the margins of the January
Summit to adopt the Report of the Ninth (9th) Bureaux Meeting; assess the state
of implementation of decisions adopted at the Sixth (6th) Annual Joint Meeting;
prepare and organize the Seventh (7th) Annual Joint Meeting of the African
Court and the Commission; and to discuss other joint activities.
23rd Extra-Ordinary Session–Banjul, Gambia, 13 to 22 February 2018
11. Details of the activities undertaken by the Commission during its 23rd 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 at: www.achpr.org.
62nd Ordinary Session - Nouakchott, Islamic Republic of Mauritania, 25 April to 9
May 2018
12. Details of the activities undertaken by the Commission during its 62nd Ordinary
Session 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 at: www.achpr.org.
13. The inter-Session Reports presented by Members of the Commission and
Special Rapporteurs during the 62nd Ordinary Session are also available on the
website of the Commission at: www.achpr.org.
III. STATE REPORTING UNDER ARTICLE 62 OF THE CHARTER
14. The Commission considered the Initial and Combined Periodic Reports of
Eritrea (1999-2016); and the 6th Periodic Report of Nigeria (2015-2016).
15. The Commission notes with satisfaction that Nigeria presented this periodic
report within the time stipulated in the Charter, and that it also reported on the
Maputo Protocol, thereby fulfilling fully its reporting obligations under Article
62 of the Charter and Article 26 of the Maputo Protocol.
16. The status of Submission of Periodic Reports to the Commission stands as
follows:
4|Page
Status
State Party
Up to date: 14
Angola, Botswana, Côte d’Ivoire, Democratic Republic of Congo
(DRC), Eritrea, Kenya, Mali, Mauritius, Namibia, Niger, Nigeria,
Rwanda, South Africa and Togo.
1
Report Algeria, Burkina Faso, Djibouti, Ethiopia, Liberia, Malawi,
overdue: 10
Mozambique, Senegal, Sierra Leone and Uganda.
2
Reports Gabon, The Sudan, and the Sahrawi Arab Democratic Republic
overdue: 3
(SADR)
3
Reports Cameroon, Burundi and Libya.
overdue: 3
More than
Reports
overdue: 18
3 Benin, Cape Verde, Central African Republic (CAR), Chad,
Congo, Egypt, Ghana, Guinea Republic, Lesotho, Madagascar,
Mauritania, Seychelles, Swaziland, Tanzania, The Gambia,
Tunisia, Zambia and Zimbabwe.
Never
submitted
Report: 5
Comoros, Equatorial Guinea, Guinea Bissau, Sao Tome and
a Principe, South Sudan and Somalia.
17. The latest Periodic Reports of Angola, Botswana and Togo will be considered
at the 63rd Ordinary Session of the Commission.
18. Only ten (10) countries are up to date with their reporting obligations in terms
of Article 26 of the Maputo Protocol, namely: Burkina Faso, DRC, Malawi,
Nigeria, Namibia, Mauritania, Rwanda, Senegal, South Africa and Togo. This
means that thirty-one (31) State Parties to the Maputo Protocol have not
submitted reports under the Maputo Protocol.
19. Twenty-seven (27) States have ratified the Kampala Convention. However, no
State Party has complied with Article 14 of the Kampala Convention which
requires them to report the legislative and other measures which they have
taken to give effect to the Convention.
IV.
HUMAN RIGHTS COMPLAINTS BEFORE THE COMMISSION
Communications
20. Of the 232 (Two Hundred and thirty Two) Communications currently pending
before the Commission, the following were considered during the reporting
period:
5|Page
Session
Communication ( Name/Phase)
23rd
I. Seizure
Extraa. Seized
Ordinary
Session
i. Communication 616/16 – Jihad Essam Ahmed Mahmoud El-haddad
(Represented by European Alliance For Human Rights & 2 Ors) v. Egypt
ii. Communication 664/17 – Ahmed Amin Ghazali Amin and ors v. Egypt
iii. Communication 665/17 – Aser Mohamed v. Egypt
iv. Communication 666/17 – Mahmoud Abu Zeid v.Egypt
v. Communication 667/17 – Communauté swahilie et communauté twa
(represented by Via Volonté) v. Burundi
vi. Communication 672/17 – X, Y & Z ( Represented by Gonzalo Boye
Tuset) v. Algeria
vii. Communication 674/17 – The people of Egypt (represented by Dr.
Curtis Francis Doebbler) v. Egypt
viii. Communication 675/17 – A, M and Others (Represented by Professor
Jorge E. Viñuales ) v. Egypt
ix. Communication 676/17 – UNPO v. Ethiopia
x. Communication 677/17 – Dr. Merara Gudina (represented by CAHDE)
v. Ethiopia
xi. Communication 678/17 – Ernest Acha and others v. Cameroon
xii. Communication 679/17 – Kenyans for Peace with Truth and Justice
(Represented by Kenya Human Rights Commission) v.Kenya
xiii. Communication 681/17 – Famille de Feu Dieudonne Ntiburumusi (
represented by Trial International) v. Burundi
xiv. Communication 682/17 – Ahmed Abba (Represented by CHRDA and
RFKHR) v.Cameroon
xv. Communication 683/17 – Famille de Feu Hermes Nduwingoma (
represented by Trial International) v. Burundi
xvi. Communication 684/18 – Seth Appiah- Mensah v. Ghana
b. Seized and Provisional Measures Issued
i. Communication 669/17 – Mohamed Wageeh Eid Taman, Refaat Talaat
Tamer Abdul Gaber, Ahmed Sherif Ahmed AlLeithy and Abdul Rahman
Hassan Dab v. Egypt
ii. Communication 670/17 – Fadhl Al Mawla Husni Ahmed Ismail and 19
Ors (represented by Freedom and Justice Party of Egypt) v. Egypt
iii. Communication 680/17 – Nnamdi Kanu and the Indigenous People of
the Biafra v. Nigeria
II. Non-Seizures
i. Communication 545/15 – Mr. Abdel Meguid Mahmoud and Another
(Represented by European Alliance for Human Rights) v. Egypt
ii. Communication 546/15 – Ali Mohammed & Another (Represented by
European Alliance for Human Rights) v. Egypt
iii. Communication 547/15 – Mr Rabee Mohamed Abdel Moneim AbdelWahab and 2 others (Represented by European Alliance for Human
Rights) v.Egypt
6|Page
iv. Communication 548/15 – European Alliance for Human Rights v.Egypt
v. Communication 549/15 – Abdul Gameel Abdel Nabi Alhaas and Five
Others (Represented by European Alliance for Human Rights) v. Egypt
vi. Communication 551/15 – European Alliance for Human Rights v.
Egypt
vii. Communication 552/15 – European Alliance for Human Rights v.
Egypt
viii. Communication 553/15 – Osama Abdel Dayem Fouad Kamel and Three
Others (Represented by European Alliance for Human Rights) v. Egypt
ix. Communication 554/15 – European Alliance for Human Rights v.
Egypt
III. Admissibility
a. Inadmissible
i. Communication 508/15 – Peter Odiwuor Ngoge, Roselyn Ayoti and 244
Former Employees of Unilever v. Kenya
ii. Communication 524/15 – Peter Ngoge and Three Others v. Kenya
IV. Struck-Out for Lack of Diligent Prosecution
i. Communication 468/14 – Remember Miamingi v.South Sudan and
Uganda
ii. Communication 512/12 – Mahmoud Hassan Ramadan Abdel-Naby and
57 Others v. Egypt
iii. Communication 543/15 – European Alliance for Human Rights (AED),
Professor Mostafa Metwaly, Dr Ezz al-Din Abdul Wahab Allam and Dr
Amir Mohammad Bassam Mahmoud Youssef v. Egypt
iv. Communication 544/15 – European Alliance for Human Rights (AED),
Professor Mostafa Metwaly, Professor Dr Ahmed Jaber Mohammed AlHaj and Dr Amir Mohammad Bassam Mahmoud Youssef v. Egypt
v. Communication 562/15 – Mohammed Aly Abdel Raouf Aly
(Represented by European Entente for Human Rights) v. Egypt
vi. Communication 574/15 – Mr. Ammar Muhammad Badee AbdelMagied Sami and Dr. Muhammad Badee Abdel-Magied Sami
(Represented by European Alliance for Human Right v. Egypt
vii. Communication 592/15 – Hesham Hamid Hamia Elshenna
(Represented by Prof Mostafa Metwaly) v. Egypt
viii. Communication 613/16 – Femi Falana v. Burundi
ix. Communication 614/16 – Eid Mohammed Ismsil Dahrooj & 2 others
(Represented by AED and ors) v. Egypt
x. Communication 615/16 – Medhat Mohammed Bahieddin Ahmed
(Represented by the Organization of European Alliance for Human Right
and 2 Ors) v. Egypt
xi. Communication 625/16 – Basem Kamali Mohammed Odeh v. Egypt
xii. Communication 640/16 – Sharif Hassan Jalal Samak (Represented by
the Organisation of European Alliance for Human Rights and AMAN
Organisation) v. Egypt
xiii. Communication 656/17 – Anas Ahmed Khalifa v. Egypt
7|Page
V. Deferred
i. Communication 348/07 – Collectifs des Familles des Disparu(e)s en
Algerie v. Algerie
ii. Communication 431/12 – Kwoyelo Thomas v. Uganda
iii. Communication 474/14 – La Famille de Feu Jean Claude Ndimumahoro
v. Burundi
iv. Communication 510/15 – Abdel Moneem Adam Mohamed (Represented
by Redress, ACJPS and EHAHRDP) v. The Sudan
v. Communication 564/15 – Community Law Centre and three others v.
Nigeria
62nd
Ordinary
Session
21. The above tables show that during the period under review…..
V. APPLICATIONS FOR OBSERVER AND AFFILIATE STATUS
22. The Commission granted Affiliate Status to the Commission for Gender
Equality of South Africa in accordance with the Resolution on the Granting of
Affiliate Status to National Human Rights Institutions and specialized human
rights institutions in Africa. This is the first specialized human rights institution
granted Affiliate Status with the Commission. Accordingly, the total number of
institutions which have Affiliate Status with the Commission is twenty-eight
(28).
23. The Commission granted Observer Status to the following three (3) NonGovernmental Organizations (NGOs): Dream Factory Foundation (South
Africa); Alkhatim Adlan Centre for Enlightenment and Human Development:
KACE (Uganda); and Observatoire Ivoirien des Droits de l`Homme (Cote d’Ivoire).
This brings the total number of NGOs with Observer Status with the
Commission to five hundred and eighteen (518).
VI.
STATE COMPLIANCE WITH THE COMMISSION’S DECISIONS,
REQUESTS FOR PROVISIONAL MEASURES AND LETTERS OF
URGENT APPEAL
24. 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:
Letters of Urgent Appeal
25. During the period under review, thirty-seven (37) Letters of Urgent Appeal
were sent to State Parties, regarding allegations of violations of human rights.
8|Page
Out of the thirty-seven (37), the Commission noted action in eight (8); and one
(1) State Party responded addressing the issues raised in the Urgent Appeal, as
reflected in the table below:
State
Date of Letter
Issue
Urgent
Appeal
warranting Status
of
Letter
of Implementation
1. Niger
16 April 2018
Concerning the violation The State is yet to
of
the
right
to respond
information, right to
assembly and arrest of
human rights defenders
following a protest on 25
March 2018.
2. The Sudan
26 March 2018
Concerning
alleged The State is yet to
arrest of human rights respond
defenders,
authors,
politicians,
lawyers,
teachers and students
following
demonstrations in The
Sudan on 7 January 2018.
3. Tanzania
26 March 2018
Concerning
alleged The State is yet to
abduction of a human respond
rights defender who was
taken
by
unknown
assailants to an isolated
place in Iringa, Southern
Tanzania, more than
500km from Dar Es
Salaam
4. Tanzania
26 March 2018
Concerning
alleged The State is yet to
killing of a human rights respond
defender by unknown
assailants in front of his
house
in
Morogoro
region.
5. Kenya
26 March 2018
Concerning allegations of The State is yet to
a human rights defender respond
who was killed by a
police bullet during a
protest.
9|Page
6. Uganda
23 March 2018
Concerning alleged child The State is yet to
labour
in
extractive Respond
industries, particularly
gold mining.
7. Uganda
23 March 2018
Concerning
alleged The State is yet to
break ins, killing and respond
physical assault and
robbery on Human Rights
Awareness and Promotion
Forum and its members.
8. Togo
20 March 2018
Concerning
alleged The State is yet to
arrest and detention of respond
four
human
rights
defenders
from
the
Nubueke Movement; the
arrest of four members
from Africa Rising; and
the killing of 10 people in
the
pro-democracy
protests in Togo.
9. Burundi
20 March 2018
Concerning
alleged The State is yet to
judicial harassment of respond
human rights defenders
who were accused of
recruiting only members
of the opposition political
party as whistle-blowers
for
human
rights
violations.
10. Burundi
20 March 2018
Concerning
alleged The State is yet to
arrest and detention of a respond
human rights defender
accused of "attacking the
internal security of the
state" and "rebellion."
11. Ethiopia
2 February 2018
Regarding the alleged The State is yet to
use of force during the respond
Ethiopian
Orthodox
church annual festival of
Epiphany on 20 January
2018, where a number of
youth were reportedly
shot and others injured.
10 | P a g e
12. Algeria
19 February 2018 Regarding allegations of The State
judicial harassment of respond
Barrister
Noureddine
Ahmine.
yet
to
13. DRC
22 February 2018 Concerning adoption of The law was signed
the new Mining Code.
and a letter of
appreciation sent to
the State on 19 March
2018
14. Algeria
26 February 2018 Concerning
alleged The State is yet to
detention of a human respond
rights defender in the
Central Prison of Tiaret
for charges linked to his
Facebook posts that
criticised massacres by
the
Algerian
Government.
15. Algeria
26 February 2018 Concerning
alleged The State is yet to
accusation of a human respond
rights defender who
could be charged with 2
years imprisonment and
a fine of 200 000 Algerian
Dinars for participating
in an "unauthorised protest
and
"insulting
public
institutions."
16. Egypt
20 February 2018 Concerning
alleged The State is yet to
arrest of 43 Nubian rights respond
activists
within
the
framework
of
the
community's
protest
requesting their “right of
return” as guaranteed by
Article 236 of the 2014
Egyptian Constitution.
11 | P a g e
17. Algeria
20 February 2018 Concerning allegations of The State is yet to
imprisonment
and respond
financial penalty of a
human rights defender
for "sympathising with
terrorism" and "excusing
terrorism” through a
Facebook post.
18. Cameroon
20 February 2018 Concerning
alleged The State is yet to
adjournment of the case respond
of a human rights
defender 55 times since
the first hearing in May
2011 due to the absence
in court of the landowner
and his witnesses.
19. Algeria
19 February 2018 Concerning
alleged The State is yet to
charges of “insulting respond
behaviour and production of
false proof in relation to an
imaginary crime” after a
human rights defender
filed a complaint on a
torture case against the
police for the brutal
beating of an individual
resulting in his death in
2015.
20. Burundi
18 February 2018 Concerning
alleged
arrest and detention of
two
human
rights
defenders
as
they
prepared to cross the
border in to the DRC.
21. DRC
17 February 2018 Concerning
alleged The State is yet to
arrest of five human respond
rights defenders for
provoking and inciting
crimes towards public
authorities.
The
two
human
rights defenders were
released
on
19
February 2018. A
letter of appreciation
was sent to the State
on 22 February 2018
12 | P a g e
22. DRC
17 February 2018 Concerning
alleged The State is yet to
arrest of a human rights respond
defender on a field
mission, during which he
was expected to meet
local
human
rights
defenders to discuss
gender-based violence.
23. The Sudan
17 February 2018 Concerning allegations of The State is yet to
the Security Forces and respond
the Sudanese police
attack
of
secondary
school students in a
peaceful protest, killing
one and leaving many
wounded in Al-Geneina,
in West of Darfur.
24. The Sudan
17 February 2018 Concerning allegations of
human rights defenders
and journalists who were
arrested after a public
protest that took place on
16 and 17 January 2018 in
Khartoum
and
Omdurman respectively.
Three human rights
defenders
were
released on 18 and 19
February. A letter of
appreciation was sent
to the State on 26
March 2018
25. DRC
17 February 2018 Concerning
alleged
arrest and detention of 7
members of LUCHA Civil
Society
Movement
in
Kisangani and Goma
when
they
were
informing the population
about the upcoming
protest.
Four human rights
defenders
were
released on 20 March
2018. A letter of
appreciation
was
addressed to the State
on 28 March 2018
26. Equatorial
31 January 2018
Guinea
Regarding the arrest and Mr.
Ebalé
was
prolonged detention of acquitted
and
Mr. Ramón Esono Ebalé. released
from
custody in March
2018
13 | P a g e
27. Nigeria
29 January 2018
Concerning allegations of The State responded
arrest of a human rights on 25 April 2018
defender accused of
intimidation,
death
threats and defamation
immediately after the
court hearing of his case
at the High Court in
Maitama District, Abuja,
Nigeria.
28. Uganda
29 January 2018
Concerning
alleged The State is yet to
arrest, detention, beating respond
and inhumane treatment
of
human
rights
defenders
who were
arrested by the police in
Uganda during a training
to scale up the impact of
leaders
in
social
movements
29. Tanzania
29 January 2018
Concerning
alleged The State is yet to
charges of a human respond
rights
defender
for
“publication
of
false
information” in relation to
a comment he posted on
Facebook questioning the
respect of procedures in
the 2015 elections in
Zanzibar.
30. South Africa
29 January 2018
Concerning
alleged The State is yet to
assassination
and respond
physical attack of human
rights
defenders
defending the rights of
shack dwellers to basic
services and political
participation.
31. Burundi
24 January 2018
Concerning
alleged The State is yet to
detention of a human respond
rights defender for being
in
possession
of
documents that “threaten
national security.”
32. DRC
24 January 2018
Concerning arrest and One human
detention
of
seven defender
rights
was
14 | P a g e
members of the Filimbi
Civil Society Movement
and the disappearance of
one member when they
were
informing
the
population about the
December 21st
2017
protest
released on 6 March
2018 and two others
on 31 December 2017
and
2 January 2018
33. DRC
24 January 2018
Concerning
alleged The State is yet to
arrest of a human rights respond
defender for taking part
in a peaceful protest for
democracy aimed at
asking President Joseph
Kabila to leave power
organised by Filimbi.
34. Egypt
24 January 2018
Concerning
alleged
arrest of a human rights
defender
for
documenting the abusive
use of force in military
trials and the violation of
the rights of detainees
awaiting trial.
35. Niger
27 December
2018
Concerning
alleged The State is yet to
banning of an association respond
and the arrest of its
members
for
participating
in
an
"unauthorized
protest”,
“armed gathering”, “theft”
and “complicity in theft”.
36. Cameroon
14
2017
37. Liberia
22
November Relating to the general The State is yet to
2017
elections which were respond
held to elect the President
and members of the
House
of
Representatives.
December Concerning
alleged
arrest of a human rights
defender due to a
Facebook post deemed to
be "a death threat" and
"insult" to the President
of Cameroon
The State sent a
response requesting
more
information
about the case in
order to prepare an
adequate response
The human rights
defender
was
released
on
27
December 2017. A
letter of appreciation
was sent to the State
on 22 February 2018
15 | P a g e
VII.
LETTERS OF APPRECIATION
26. During the reporting period fifteen (15) letters of appreciation were sent to
Heads of State and Government as follows:
State
Date of Letter
Positive development warranting Letter of
Appreciation
1. Ghana
4 April 2018
Commending Ghana’s hosting of the World
Press Freedom Day, which held on 3 May 2018
in Accra. The State was encouraged to pass the
Access to Information Bill.
2. The Gambia
16 April 2018
Congratulating the President of The Gambia on
his declaration of a moratorium on the
application of the Death Penalty in The Gambia.
3. Zimbabwe
27 April 2018
Commending the country for the amnesty
granted in March 2018 to 3000 prisoners. The
State was encouraged to undertake more actions
aimed at improving the human rights record of
the country.
4. DRC
19 March 2018
The signing into law of a new Mining Code.
5. DRC
28 March 2018
Release of seven human rights defenders and
activists on 31 December 2017, 02 January and
6 and 20 March 2018.
6. The Sudan
26 March 2018
Release of human rights defenders and activists
on 18 and 19 February 2018 arrested following
the protests that took place on 16 and 17 January
2018 in Khartoum and Omdurman.
7. Cameroon
22 February 2018
Release of the writer and activist on December
27 2017 following his arrest at the Douala
International Airport on 6 December, 2017 and
his detention at the Kondengui Central Prison.
16 | P a g e
8. Burundi
22 February 2018
Release of human rights defenders on 19
February 2018 following their arrest in Gatumba
and detention in Bujumbura on February 17,
2017.
9. Mali
17 January 2018
For the adoption of a law on the protection on
human rights defenders.
10. Burkina Faso
26
2017
December Regarding the political will of the Burkinabe
authorities to establish a body for the prevention
of torture.
11. Mauritania
14
2017
December For the annulment by the Nouadhibou Court of
Appeal of the death sentence imposed on Mr.
Mohamed Cheikh Ould.
12. Tanzania
29
2017
November On the reform of mining legislation and
regulatory frameworks in Tanzania.
13. Ethiopia
30 August 2017
The lifting of the state of emergency imposed by
the Government on 9 October 2016.
15. Madagascar
18 October 2017
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 Death
Penalty) on 21 September 2017.
14. The Gambia
16 October 2017
For signing the above Protocol on 22 September
2017.
VIII. LETTER OF CONCERN
27. On 5 December 2017, a letter of concern was transmitted to Anvil Mining
Company, a Company incorporated in Australia and operating in Kilwa, DRC
by the Working Group on Extractive Industries, Environment and Human
Rights Violations, regarding allegations of their facilitation and support of
violations perpetrated by the 62nd Infantry Brigade of the DRC Armed Forces
in Kilwa in 2004. The letter, among others, requested the Company to
acknowledge responsibility for breaching its duty of care through a public
statement.
17 | P a g e
IX.
PRESS STATEMENTS
28. 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 thirteen
(13) Press Releases relating to various human rights issues. The Press Releases
are available on the website of the Commission, at: www.achpr.org.
X.
PROMOTION AND FACTFINDING MISSIONS
29. The Commission did not undertake any Promotion Missions during the
reporting period. During that period, requests for Promotion Missions were
sent to Algeria, Botswana, Cape Verde, Ethiopia, Equatorial Guinea, Ghana,
Guinea Bissau, Liberia, Mali, Mozambique, South Africa, South Sudan,
Tanzania, Tunisia and Zimbabwe.
30. Authorization was received from Algeria for a Promotion Mission to be
undertaken from 15 to 24 January 2018. However, the Mission was at the
instance of the Government postponed to a later date. Botswana and South
Africa also authorized Promotion Missions in their countries on dates to be
mutually agreed.
31. Tanzania responded to the Commission’s call for a Promotion Mission, and
requested further information on the actualization of the Mission on dates to
be mutually agreed.
32. The Chairperson of the African Union Commission (AUC) had requested the
Commission to undertake a Fact-finding Mission to Libya to investigate
allegations that African migrants were being traded as slaves. Although several
written and face-to-face communications have taken place between the
Commission and Libyan officials, the mission has still not been authorized by
Libya.
XI. THE HUMAN RIGHTS SITUATION ON THE CONTINENT
33. 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
State Parties during the intersession period.
18 | P a g e
Positive developments
34. The Commission notes with appreciation the following key positive human
rights developments observed during the reporting period:
i.
ii.
iii.
iv.
v.
vi.
vii.
viii.
ix.
x.
xi.
xii.
xiii.
xiv.
xv.
Ratification of the Maputo Protocol by South Sudan and Ethiopia, which
increased the number of State Parties to the Protocol to forty-one (41);
The ratification of the United Nations Convention on the Rights of
Persons with Disabilities by Libya in February 2018;
The pardoning of prisoners by Ethiopia and Zimbabwe, as well as the
release of petty offenders in Nigeria;
The adoption of a law to protect whistle blowers in Rwanda; the revision
of the Penal Code decriminalizing defamation in Rwanda; and the
commitment to decriminalise defamation by the new Government of
Sierra-Leone;
The amendment of the law on the composition, organization and
attributions of the National Commission on Human Rights of Togo,
aimed at integrating national mechanisms to prevent torture in October
2017 and April 2018 after a decision of the Constitutional Court;
The passing of a Presidential Order by Rwanda increasing pension and
occupational hazards benefits by up to 149.8% in April 2018;
The decision of the High Court of Kenya in April 2018 which stopped
the installation of the Device Management System on mobile phone
platforms, determining that this would breach privacy and consumer
rights;
Peaceful Presidential Elections in Egypt, Liberia, Somaliland and Sierra
Leone;
The signing into law of the new Mining Code by DRC in March 2018,
aimed at increasing national revenues from extractive industries;
The announcement and official gazetting of the Moratorium on the
Death Penalty by The Gambia on 18 February 2018;
The indication by South Africa in February 2018 that it would gradually
regularise the activities of illegal miners on condition that they operated
within the law;
The adoption by the AU Assembly of the Protocol to the African Charter
on Human and Peoples’ Rights on the Rights of Persons with Disabilities
in Africa in January 2018;
The Adoption by the AU of the Protocol to the Treaty Establishing the
African Economic Community relating to Free Movement of Persons,
Right of Residence and Right of Establishment (Protocol on Free
Movement), in January 2018, and its subsequent signing by twentyseven (27) State Parties;
The Adoption by Mali of a law on the protection of Human Rights
Defenders in December 2017;
The adoption by Nigeria of the Anti-Torture Act in December 2017;
19 | P a g e
xvi.
xvii.
xviii.
The historic ruling of the Supreme Court of Kenya, in December 2017,
declaring the mandatory death sentence for murder or armed robbery as
unconstitutional;
The continuing transitional project in The Gambia with the adoption of
the Truth, Reconciliation and Reparations Commission (TRC) Act in
December 2017; and
Following adoption of the Access to information Act by Malawi in 2017,
the establishment of a Tripartite Steering Committee to prepare the
ground work for making the Act operational.
Areas of concern
35. The Commission notes the following human rights concerns which were
observed during the reporting period:
i. The low level of ratification of the Protocol to the African Charter
on Human and Peoples’ Rights on the Rights of Older Persons in
Africa which have been ratified only by the following five (5)
States: Benin, Ghana, Sierra Leone, Zambia and Comoros;
ii. The low level of reporting under Article 26 of the Maputo
Protocol by Member States;
iii. The deadly inter-communal conflicts in Nigeria between Fulani
pastoralists and neighbouring farming communities;
iv. The humanitarian crisis in refugee camps in Cameroon following
the flow of refugees from Nigeria and Central African Republic;
v. The increasingly critical humanitarian situation faced by many
internally displaced persons in the regions of Kasai, North Kivu
and South Kivu in the DRC;
vi. The continued villagization policy by Ethiopia, which has been
detrimental to the survival and well-being of indigenous
communities in Gambella, Regional State and the lower Omo
Valley in the Southern Nations, Nationalities and Peoples
Regional State;
vii. In Mali, the killing of 40 people of the Tuareg ethnic group on 27
April 2018;
viii. In Nigeria, the continued captivity of Leah Saribu and the
remaining Chibok and Dapchi girls captured on April 2014 and
February 2018 respectively; and
ix. The shutdown of several media houses in Kenya for a number of
days despite court orders to the contrary.
20 | P a g e
XII. ADMINISTRATIVE AND FINANCIAL SITUATION
Construction of the Commission’s Headquarters
36. In line with Decision EX.CL/995(XXXII), the Host Government was requested
to expedite finalization of the process of constructing the Headquarters and to
report on progress made. The Secretariat held discussions with the Host
Government on the design of the Headquarters.
Staffing
37. The Commission welcomes the efforts made by the Administration and
Human Resource Management Department of the AUC with regards to
recruitment to vacant posts, and in this connection, appreciates recruitment of
an Assistant Documentalist and an Administrative Assistant who will soon
assume duties at the Secretariat of the Commission. However, since the last
reporting period, the staffing situation has not improved significantly as
shortages continue in various Units. The Legal Unit still has only nine (9) out
of the approved fourteen (14) Legal Officers, and as indicated in the last Report,
there is also need to recruit Legal Officers who can work in Arabic or
Portuguese. Furthermore, the Registry is only manned by one staff; while the
Translation/Interpretation Unit only has one short-term staff.
38. Regarding the above, expedited recruitment is requested for the positions of
Deputy Secretary, five (5) Legal Officers, including Portuguese and Arabicspeaking Legal Officers, three (3) Translators/Interpreters, one (1) Senior
Human Resource Officer, one (1) Public Relations and Information Officer, one
(1) Information Communication and Technology Officer, and one (1)
Communication and Database Expert.
XIII. IMPLEMENTATION OF DECISIONS
Grant of Observer Status to the NGO called Coalition of African Lesbians (CAL)
39. ………
Governance Structure of the Commission and Emoluments of Elected Officials
40. Executive
Council
Decisions
EX.CL/Dec.974
(XXXI)
and
Ext/EX.CL/Dec.1(XIII) specifically request the AUC to come up with a proposal
to harmonize the remuneration of elected Officials of AU Organs for
consideration and adoption. Members of the Commission and the
Commission’s Bureau undertake the bulk of their thematic mandates and
oversight over the Secretariat during the inter-session. Yet, they work on a parttime basis, which tends to have an adverse impact on the ability of the
Commission to implement its work fully. Furthermore, the Commission’s
continuous mandate of monitoring and responding to emerging human rights
21 | P a g e
situations on the continent makes it imperative that the Chairperson of the
Commission should be based at the Secretariat of the Commission on a fulltime
basis.
41. It is therefore necessary that the Bureau of the Commission be appointed on
full-time basis. The On-going harmonization of emoluments of elected officials
should also be finalized expeditiously. In the meantime, Commissioners should
be paid a monthly duty allowance in substitution of the sitting allowance
presently payable to them during sessions of the Commission. The costings of
these requests are annexed to this Activity Report.
Retreat between the PRC and the Commission
42. In Executive Council Decision EX.CL/995(XXXII) on the 43rd Activity Report of
the Commission, the Commission was called to convene a Retreat between the
PRC and the Commission, to better understand the Commission’s mandate and
modus operandi, in addition to fostering mutual understanding. The Retreat took
place on 4 to 5 June 2018 in Naivasha, Kenya.
AU Commission Mission to Banjul
43. The AUC Mission to the Secretariat of the Commission authorised by
DecisionEX.CL/Dec.974 (XXXI) on the 42nd Activity Report is yet to take place.
Mission to the territory of the Sahrawi Arab Democratic Republic or Western
Sahara under the control of the Kingdom of Morocco
44. The Executive Council has repeated its requests in several of its decisions,
including EX.CL/995(XXXII) on the 43rd Activity Report of the Commission
and requested Morocco to ratify the Charter, which has been identified as the
key impediment for operationalization of the Mission, and also to initiate a
dialogue with the ACHPR for facilitation of the Mission. Morocco is yet to
respond.
XIV. DATES AND VENUE OF THE 24th EXTRA-ORDINARY SESSION AND
63rd ORDINARY SESSION OF THE COMMISSION
45. The 24th Extra-Ordinary Session of the Commission will take place from 30 July
to 8 August 2018, in Banjul, The Gambia; and the 63rd Ordinary Session will
take place from 24 October to 7 November 2018, in Banjul, The Gambia.
46. The Commission expresses its appreciation to the Government of Mauritania
for hosting the 62nd Ordinary Session and for the country’s hospitality. It also
commends State Parties that have already hosted Sessions of the Commission;
Egypt for offering to host the 64th Ordinary Session of the Commission; and
takes note of Lesotho, Malawi and eSwatini who have offered to host
subsequent Sessions of the Commission.
22 | P a g e
XV.
RECOMMENDATIONS
47. In light of the foregoing, the Commission recommends as follows:
a) State Parties to
i. Ratify, implement and domesticate the various human rights instruments of
the AU; in particular, the Maputo Protocol, the Kampala Convention, the
Protocol to the African Charter on Human and Peoples’ Rights on the Rights of
Older Persons in Africa, the Protocol to the African Charter on Human and
Peoples’ Rights on the Rights of Persons with Disabilities in Africa, and the
Protocol on Free Movement;
ii. Submit their Periodic Reports in compliance with Article 62 of the African
Charter; Article 26 of the Maputo Protocol; and Article 14 of the Kampala
Convention;
iii. Provide the Commission with all relevant information on the measures taken
to implement its decisions in accordance with Rule 112 of its Rules of
Procedure, as well as respect and implement the Provisional Measures issued
by the Commission;
iv. Respond to Urgent Letters of Appeal sent by the Commission;
v. Accede to the Commission’s requests to undertake missions in their countries;
vi. Take all legislative and other measures to address the various concerns
highlighted by the Commission; and
vii. Consider hosting Ordinary Sessions of the Commission, for States that have
not yet done so.
b) To the State of Libya
Authorise and facilitate the conduct of the Fact-finding mission requested by the AUC
on the situation of migrants in Libya.
c) To the Kingdom of Morocco
i. Ratify the African Charter; and grant the Commission authorization to
undertake the mission mandated by Decision EX.CL/Dec. 689(XX);
ii. Engage in dialogue with the Commission towards facilitating the conduct of
the mission as mandated by Decision EX.CL/Dec.995(XXXII).
d) To the AUC
i. Approve the commencement of the process of appointing the Bureau of the
ACHPR on a full-time basis, and expeditiously finalize the on-going review
and harmonization of the emoluments of elected officials;
ii. Implement various Executive Council Decisions calling for expedited
recruitment to the vacant positions in the Secretariat, and more particularly
23 | P a g e
recruitment of Arabic and Portuguese Legal Officers and Translators as per
Decision EX.CL/Dec.974(XXXI);
iii. Put in place a mechanism to ensure implementation of the decisions of the
Commission by State Parties.
e) PRC
Ensure implementation of the outcome of the Joint Retreat between the PRC and the
Commission.
f) To the Assembly of Heads of State and Government:
Assist the Commission to get authorization from the Kingdom of Morocco, and Libya
to undertake the requested missions.
24 | P a g e