AFRICAN UNION
UNION AFRICAINE
UNIÃO AFRICANA
UMOJA WA AFRIKA
UNIÓN AFRICANA
Addis Ababa, Ethiopia P. O. Box 3243 Telephone: +251 115 517 700 Fax: +251 115 517 844
Website: www.au.int
EXECUTIVE COUNCIL
Forty-Sixth Ordinary Session
14 January - 13 February 2025
Addis Ababa (ETHIOPIA)
EX.CL/1573(XLVI)Rev.1
Original: English
ACTIVITY REPORT OF THE
AFRICAN COMMISSION ON HUMAN AND PEOPLES' RIGHTS
(ACHPR)
56TH AND 57TH ACTIVITY REPORTS
OF THE
AFRICAN COMMISSION ON HUMAN AND PEOPLES’ RIGHTS
I.
SUMMARY
1. The 56th and 57th Combined Activity Reports of the African Commission on Human
and Peoples’ Rights (the Commission or the ACHPR) are presented to the Heads
of State and Government of the African Union (AU), in accordance with Article 54
of the African Charter on Human and Peoples' Rights (the African Charter) and
cover the period from 10 November 2023 to 10 November 2024.
2. The activities presented in this Report, that the Commission undertook during the
period under review, are geared towards achieving the priority areas set out in the
Commission's 2021-2025 Strategic Plan. Accordingly, the Commission’s statutory
meetings were devoted, in particular, to strengthening the protection mandate by
processing Communications on alleged human rights violations, thereby reinforcing
the Commission's implementation of its mandate to protect human and peoples'
rights. This mandate is further strengthened by the Commission's interventions on
urgent and pressing human rights issues through urgent appeal letters, press
releases, resolutions and letters of commendation.
3. It also includes activities relating to better promotion of human rights on the
continent, as required by the African Charter.
4. The activities carried out by the Commission’s Special Mechanisms and the
consideration of Reports of States Parties to the African Charter on the
implementation of the rights and freedoms enshrined in the African Charter, have
contributed to the improvement of national legal and institutional frameworks for the
promotion and protection of rights at national level through the adoption of new
laws, the revision of existing laws and the creation or reform of relevant institutions
in States Parties. The Report also presents issues relating to the Commission’s
finances, staffing and functioning, as well as the Commission's recommendations
on the human rights situation on the continent.
II.
BACKGROUND
5. The Commission is an independent organ established under Article 30 of the
African Charter, which was adopted by the Assembly of Heads of State and
Government of the Organisation of African Unity (OAU) in 1981. The African
Charter has been ratified by all AU Member States, with the exception of the
Kingdom of Morocco which rejoined the Union in January 2017. The Commission
became operational in 1987 and is based in Banjul, The Gambia.
6. The Commission is composed of eleven (11) members elected by the Heads of
State and Government of the AU, and they serve in their individual capacity and on
a part-time basis.
7. The Commission’s mandate, as defined in Article 45 of the African Charter, is as
follows:
To promote human and peoples’ rights, and in particular;
a) To collect documentation, carry out studies and research on African problems in the
field of human and peoples' rights, organise seminars, colloquia and conferences,
disseminate information, encourage national and local bodies concerned with human
and peoples' rights and, where appropriate, give advice or make recommendations to
Governments;
b) To formulate and lay down principles and rules to resolve legal problems
relating to the enjoyment of human and peoples' rights and fundamental
freedoms, with a view to serving as a basis for the adoption of legislative
texts by African Governments;
c) To cooperate with other African and international institutions concerned
with the promotion and protection of human and peoples' rights;
ii. To ensure the protection of human and peoples' rights under the conditions laid
down in this Charter;
iii. To Interpret any provision of the present Charter at the request of a State Party,
an OAU Institution or an African Organization recognized by the OAU; and
iv. To carry out any other tasks that may be entrusted to it by the Conference of
Heads of State and Government.
i.
III.
MEETINGS OF THE AU POLICY-MAKING ORGANS, STATUTORY
MEETINGS AND OTHER INSTITUTIONAL MEETINGS DURING THE
REPORTING PERIOD
A. MEETINGS OF THE AU POLICY-MAKING ORGANS
37th African Union Summit, Addis Ababa, Ethiopia
8. The Commission participated in the following meetings of the AU Policy Organs,
held from 15 January to 18 February 2024:
i. The 47th Ordinary Session of the Permanent Representatives Committee (PRC)
held virtually from 15 January to 13 February 2024;
ii. The 44th Ordinary Session of the Executive Council (EC), held in Addis Ababa,
Ethiopia, from 14 to 15 February 2024;
iii. The 37th Ordinary Session of the Assembly of Heads of State and Government
(the Assembly) held in Addis Ababa, Ethiopia, from 17 to 18 February 2024.
9. In accordance with the African Charter and established practice, the 54 th and 55th
Combined Activity Reports of the Commission were presented to the 47th Ordinary
Session of the PRC. After discussions at PRC and Executive Council level,
publication of the Activity Reports was authorised by Decision
EX.CL/Dec.1244(XLIV). The Report has been published on the Commission's
website.
10. The Commission also participated in the following meetings of the AU Policy
Organs, held in July 2024:
46th Ordinary Session of the Permanent Representatives’ Committee (PRC)
held virtually from 19 June to 15 July 2024;
ii. 43rd Ordinary Session of the Executive Council, held n Accra, Ghana, from 18
to 19 July 2024; and
iii. The 6th Mid-Year Coordination Meeting between the African Union, Regional
Economic Communities and Regional Mechanisms held in Accra, Ghana on
21 July 2024.
i.
B. STATUTORY AND INSTITUTIONAL MEETINGS
➢ 78th Ordinary Session (Private)
11. The 78th Ordinary Session was held virtually from 23 February to 08 March 2024.
The Final Communiqué of this Session, published on the Commission’s website,
gives a full account of the deliberations which occurred.
➢ 79th Ordinary Session
12. The 79th Ordinary Session was held in hybrid mode in Banjul, The Gambia, from
14 May to 03 June 2024.
13. During this Session, the Commission organised the following panels:
i.
ii.
iii.
iv.
v.
vi.
vii.
viii.
ix.
Panel on the celebration of the United Nations Convention against Torture and
20 years of the Committee for the Prevention of Torture in Africa;
Panel on the Abolition of the Death Penalty and Security Issues;
Panel on challenges to the implementation of Article 5(b) of the Maputo Protocol
and launch of the second edition of the Maputo@20 Newsletter dedicated to
victims of female genital mutilation;
Panel on forced displacement to mark the 15 th anniversary of the Kampala
Convention;
Panel on the African Union’s theme of the Year 2024: The Right to Education;
Panel on the Commemoration of the 30th Anniversary of the genocide against
the Tutsi in Rwanda;
Panel on the 10th anniversary of the Luanda Guidelines;
Panel on the submission of reports by States Parties; and
Panel on the African Declaration on the Promotion of the Role of Human Rights
Defenders and their Protection in Africa.
14. Details of the activities undertaken by the Commission at its 79th Ordinary Session
are set out in the corresponding Final Communiqué, which can be consulted on the
Commission’s website: www.achpr.org.
15. The intersession reports presented by the Members of the Commission and its
special mechanisms, at the 79th Ordinary Session can also be consulted on the
Commission’s website.
➢ 80th Ordinary Session (Private)
16. The 80th Ordinary Session was held virtually from 24 July to 02 August 2024. The
Final Communiqué of this Session, published on the Commission’s website, gives
a full account of the deliberations conducted.
➢ 81st Ordinary Session (Public)
17. The 81st Ordinary Session was held from 17 October to 06 November 2024, in
Banjul, The Gambia.
18. During this Session, the Commission held the following Panels:
i.
ii.
iii.
iv.
v.
vi.
vii.
viii.
ix.
x.
xi.
xii.
xiii.
xiv.
xv.
Panel on the African Guiding Principles on the Human Rights of all Migrants,
Refugees and Asylum Seekers;
Panel on the situation of Human Rights Defenders in Africa;
Panel on the celebration of the entry into force of the Protocol on the Rights of
Persons with Disabilities in Africa, and sensitisation for the entry into force of
the Protocol on the Rights of Older Persons in Africa;
Panel on Upholding the Mendez Principles in Africa: Enhancing Safeguards
through Effective Interviewing;
Panel on the Human Rights Situation in The Sudan;
Panel on the role of education and training in the prevention of torture, illtreatment and violence in Africa;
Panel on Economic, Social and Cultural Rights and National Development
Plans in Africa;
Panel on the presentation of the World Report on Women in the criminal justice
system;
Panel on the celebration of the 10th anniversary of the Luanda Guidelines;
Panel on Critical Minerals and Artificial Intelligence;
Panel on the impact of Article 59 of the African Charter on Human and Peoples’
Rights on the Communications’ Procedure of the African Commission;
Panel on the 50th Anniversary of the Entry into Force of the OAU Convention on
the Specific Aspects of Refugee Problems in Africa: Assessment, Challenges
and Prospects;
Panel discussion to present the United Nations Working Group on Enforced or
Involuntary Disappearances Report on the Visit to the African Union Judicial
and Human Rights Organs and other sub-regional bodies;
Panel on Hosting the Sessions of the African Commission on Human and
Peoples’ Rights;
Panel on Agenda 2063 and Human rights: the way forward.
19. Additionally, the Commission held the Joint Colloquium on Realizing Economic,
Social, and Cultural Rights in Africa, with a Focus on the Right to Education, in
commemoration of Africa Human Rights Day.
20. During the Session, the Commission launched the CPTA Newsletter No. 2024, the
Study on the Human Rights Impact of Law Enforcement on Asylum Seekers,
Refugees and Migrants in Africa, in addition to the 17th edition of the Newsletter on
Police and Human Rights: Reflections on 10 years of the Luanda Guidelines.
C. OTHER ACHPR ACTIVITIES
➢ Joint Retreat of the ACHPR Commissioners and its Secretariat
21. From 02 to 04 December 2023, the ACHPR Commissioners and Secretariat held
a strategic planning meeting, which reviewed the mid-term evaluation report on the
ACHPR Strategic Plan 2021-2025 and the planning, monitoring and evaluation
plan, and considered and adopted its Annual Workplan for 2024.
➢ Joint Retreat of the African Commission on Human and Peoples’ Rights
and the Permanent Representatives Committee of the African Union
(PRC)
22. From 05 to 07 December 2023, the Commission and the PRC, represented by the
Sub-Committee on Human Rights, Democracy and Governance, the SubCommittee on General Supervision and Coordination of Budgetary, Financial and
Administrative Matters, in addition to the Sub-Committee on Structural Reforms,
held a Joint Retreat.
23. The meeting, organised in accordance with Executive Council Decision
EX.CL/Dec.1045 (XXXIV) requesting that a “Joint Retreat of the PRC and the
ACHPR be held annually,” was aimed at strengthening synergy between the two
bodies and establishing a working relationship conducive to harmonious
interactions, with a view to better promotion and protection of human rights on the
Continent.
24. The Joint Retreat was structured around four sessions, namely: an overview of the
mandate and working methods of the Commission as well as the mandates of the
PRC sub-committee procedures; reflections on the work and institutional
performance of the Commission; strengthening the Commission with a view to its
contribution to the Africa we all want; and strengthening the relationship and
synergies between the Commission and the PRC/States Parties.
➢ Joint Forum of Special Mechanisms of the ACHPR
25. From 25 to 27 April 2024, the Commission convened the inaugural Joint Forum of
Special Mechanisms, in Dakar, Senegal. This pioneering event was under the
theme “Advancing the protection and promotion of human rights in Africa:
Strengthening commitments, overcoming challenges, and reinforcing
opportunities.” The Forum served as a platform for stakeholders to engage in joint
initiatives and transversal activities addressing cross-cutting human rights issues,
and underscoring the interdependence of all human rights.
26. A Declaration of the 1st Joint Forum of the Special Mechanisms of the African
Commission on Human and Peoples’ Rights was adopted, and can be accessed
on the Commission’s website: www.achpr.org.
➢ Benchmarking mission to the Inter-American Commission on Human
Rights
27. From 10 to 16 July 2024, the Commission conducted a benchmarking mission to
the Inter-American Commission on Human Rights, in Washington DC. The visit
focused on mutual exchanges on best practices aimed at strengthening the working
methods and capacities of the two institutions, in accordance with the mandates
and objectives set in the respective founding instruments. The visit also served as
an opportunity to engage with a number of civil society organizations working in the
African and Inter-American human rights systems.
28. The meeting concluded with a Joint Declaration on collaboration for better
promotion and protection of human rights through the establishment of focal points,
exchange of public information and best practices in the field of human rights, and
the convening of annual high-level dialogues in order to facilitate institutional
alliance.
➢ State Party Pre-Session Forum, on the margins of the ACHPR 81st
Ordinary Session
29. From 15 to 16 October 2024, the Commission convened the inaugural States
Parties Pre-Session Forum in Banjul, The Gambia, preceding the ACHPR’s 81 st
Ordinary Session. The Pre-Session Forum was attended by States Parties to the
African Charter, the Chairperson and members of the PRC Sub-Committee on
Human Rights, Democracy and Governance, in addition to Members of the
Commission, the ACHPR Secretariat and other representatives from the African
Union Commission.
30. The meeting was organised in accordance with EX.CL/1045(XXXIV) and
EX.CL/1065(XXXV), adopted with the aim of establishing regular consultations
between the Commission and the PRC, promoting dialogue and collaboration.
Additionally, the Forum aimed to enhance the PRC's comprehension of Africa’s
human rights landscape.
IV.
STATUS OF SUBMISSION OF PERIODIC REPORTS
31. The Commission monitors implementation of the African Charter and other relevant
legal instruments, including the Protocol to the African Charter on Human and
Peoples’ Rights on the Rights of Women in Africa (the Maputo Protocol) and the
African Union Convention for the Protection and Assistance of Internally Displaced
Persons in Africa (the Kampala Convention), by: receiving and examining periodic
reports during the Ordinary Session; engaging directly with States on the content
of their Report; drawing Conclusions and making general Recommendations on the
Reports; in addition to following up on the non-submission of Periodic Reports by
States Parties.
32. During the 79th Ordinary Session, the Commission examined the Combined Report
of the Republic of Mozambique, covering the period from 2015 to 2021.
33. During the 81st Ordinary Session, the Commission examined the following State
Reports:
i.
ii.
The fifth, sixth and seventh Combined Periodic reports of Burkina Faso,
covering the period from 2015 - 2021; and
The 8th and 9th Combined Periodic Reports of the Republic of Angola, covering
the period 2016 - 2023.
34. Under Article 62 of the African Charter, States Parties are required to submit
Periodic Reports every two (2) years. The status of Periodic Reports submitted to
the Commission by States Parties, counting from the last reporting period, is
therefore as follows:
Status
States Parties
Faso,
Ethiopia,
Number
Report under
review
Angola, Burkina
Zimbabwe
Mauritius
and
05
Up to date
Angola, Burkina Faso, Cameroon, Côte d’Ivoire, Egypt,
Eritrea, Ethiopia, Kenya, Mauritius, Mauritania,
Mozambique, Senegal, Uganda, Zambia and Zimbabwe
15
1 report
overdue
Benin, Chad, Eswatini, Gambia, Lesotho, Malawi,
Namibia, Niger, Nigeria and Togo
10
2 reports
overdue
Botswana, Democratic Republic of Congo and Rwanda
03
3 reports
outstanding
Mali
01
More than 3
reports
outstanding
Algeria, Burundi, Cape Verde, Central African Republic,
Congo, Djibouti, Gabon, Ghana, Guinea, Liberia, Libya,
Madagascar, Sahrawi Arab Democratic Republic,
Seychelles, Sierra Leone, South Africa, Sudan,
Tanzania and Tunisia
19
No report
submitted
Comoros, Equatorial Guinea, Guinea-Bissau, Sao
Tome and Principe, Somalia and South Sudan
06
35. With specific regard to Article 26 of the Maputo Protocol, the following twenty-one
(21) States Parties have submitted their periodic reports to date: Angola, Burkina
Faso, Cameroon, Democratic Republic of Congo, Eswatini, Ethiopia, Gambia,
Kenya, Lesotho, Malawi, Nigeria, Mauritania, Namibia, Rwanda, Senegal,
Seychelles, South Africa, Togo, Uganda, Zambia and Zimbabwe.
36. From the thirty-four (34) States Parties which have ratified the Kampala
Convention, the Republics of Cameroon, Angola and Burkina Faso have submitted
Reports on its implementation.
V.
RESOLUTIONS ADOPTED BY THE COMMISSION
37. The Commission adopted the following Resolutions during the period under review:
SESSION
78th Ordinary
Session
RESOLUTIONS ADOPTED
i.
ii.
iii.
iv.
v.
79th Ordinary
Session
i.
ii.
iii.
iv.
80th Ordinary
Session
i.
ii.
iii.
iv.
Resolution on Internet Shutdowns and Elections in Africa;
Resolution on the Need for a Study on the Extent of Implementation
of the ACHPR Soft Laws on Access to Information in Africa;
Resolution on the need to take measures to reduce forced internal
displacement in Africa;
Resolution on the Extension of the deadline for Conducting a Study
on Extrajudicial, Summary or Arbitrary Executions in Africa;
Resolution on the Development of Guidelines on the Protection of
the Rights of Workers in the Informal Economy Sector in Africa.
Resolution on the Development of an Addendum on Data to the
State Party Reporting Guidelines for Economic, Social and Cultural
Rights in the African Charter on Human and Peoples’ Rights (Tunis
Reporting Guidelines);
Resolution on the preparation of a General Comment on the right to
development in Africa;
Resolution on the Substitution of the Vice Chairperson of the
Working Group on Economic, Social and Cultural Rights in Africa;
Resolution on the Human Rights Situation in the Republic of Sudan.
Resolution on the Renewal of the Mandate of the Working Group on
the Rights of Older Persons and Persons with Disabilities in Africa
and on the Appointment of its Chair and Members;
Resolution for the development of a Model Law on the
implementation and domestication of the Maputo Protocol;
Resolution on the need to develop guidelines on the drafting of
periodic reports covering the rights to freedom of association (Article
10) and assembly (Article 11) in Africa;
Resolution for a joint analytical study on challenges of litigating the
rights of women and girls at the AU Human Rights Organs.
81st Ordinary
Session
i.
ii.
iii.
iv.
v.
vi.
vii.
viii.
ix.
x.
xi.
xii.
xiii.
xiv.
xv.
xvi.
Resolution on the Renewal of the Mandate and Reconstitution of the
Committee for the Prevention of Torture in Africa and the
Appointment of its Members;
Resolution on the Renewal of the Mandate of the Special
Rapporteur on Prisons, Conditions of Detention and Policing in
Africa;
Resolution on the Renewal of the Mandate of the Special
Rapporteur on Freedom of Expression and Access to Information in
Africa;
Resolution on the Extension of the Mandate of the Advisory
Committee on Budgetary and Staff Matters (ACBSM) to include
supervision of audit functions;
Resolution on the renewal of the mandate of the Advisory
Committee on Budgetary and Personnel Matters ;
Resolution on the Renewal of the Mandate of the Working Group on
Communications;
Resolution on the Renewal of the Mandate of the Special
Rapporteur on the Rights of Women in Africa;
Resolution on the Renewal of the Mandate of the Special
Rapporteur on Human Rights Defenders and Focal Point on
Reprisals in Africa;
Resolution on the Renewal of the Mandate of the Working Group on
Economic, Social and Cultural Rights in Africa;
Resolution on the renewal of the mandate and Reconstitution of the
Working Group on Extractive Industries, the Environment and
Human Rights Violations in Africa ;
Resolution on the Renewal of the Mandate of certain Expert
Members of the Committee on the Protection of the Rights of People
Living with HIV (PLHIV), People at Risk, Vulnerable and Affected by
HIV;
Resolution on the Renewal of the Mandate of Certain Members of
the Working Group on Indigenous Populations/Communities and
Minorities in Africa;
Resolution on the Renewal of the Mandate of the Working Group on
the Death Penalty, Extrajudicial, Summary or Arbitrary Executions
and Enforced Disappearances in Africa;
Resolution on the Renewal of the Mandate of the Support Group of
the Special Rapporteur on Human Rights Defenders and Focal Point
on Reprisals in Africa for the promotion and effective implementation
of the Guidelines on Freedom of Association and Assembly in Africa;
Resolution on the Renewal of the Mandate of the Joint Fact-Finding
Mission to the Republic of Sudan;
Resolution on the Impact of Sanctions on the Realisation of Human
Rights in Zimbabwe;
xvii.
xviii.
xix.
xx.
xxi.
xxii.
xxiii.
xxiv.
xxv.
xxvi.
xxvii.
VI.
Resolution on the Pre- and Post-Electoral Instability in Mozambique;
Resolution on the situation of human rights defenders working on
environmental issues in Uganda;
Resolution on the Situation in Palestine and the Occupied
Territories;
Resolution on the United Nations General Assembly Biannual vote
calling for a Moratorium on the use of the Death Penalty ;
Resolution on the promotion of the use of indigenous languages as
a means of learning and communication in the implementation of the
African Continental Free Trade Area;
Resolution in preparation for the AU theme for 2025 “Justice for
Africans and People of African Descent through Reparations”
through consultations on Afro Descendants, Indigenous/Ethnic,
Ancestry, Reparations and the 6th Region of the African Union;
Resolution on the Entry into Force and Implementation of the
Protocols on the Rights of Older Persons and Persons with
Disabilities in Africa;
Resolution on the drafting of a General Comment on Article 26 of
the African Charter on Human and Peoples’ Rights;
Resolution on the promotion and harnessing of access to data as a
tool for the promotion of human rights and sustainable development
in the digital age;
Resolution on the protection and promotion of the rights of
Communities Discriminated by, Work and Descent (CDWD) in Africa
; and
Resolution on the creation of the Nelson Rolihlahla Mandela African
Human Rights Scholarship in recognition of his legacy.
HUMAN RIGHTS COMPLAINTS/COMMUNICATIONS TO THE COMMISSION
Communications
38. As part of its protection mandate, the Commission is specifically mandated by the
African Charter to receive and consider Communications (Complaints) submitted
to it on alleged human rights violations.
39. The following Communications were considered during the period under review out
of the one hundred and eighty-two (182) currently pending before the
Commission:
SESSION
ADOPTED COMMUNICATIONS
78th Ordinary
Session
(Private)
Decisions adopted on Merits - 6
i.
Communication 376/09: Acleo Kalinga (represented by REDRESS,
OMCT and IRCT) v. Republic of Uganda;
ii. Communication 471/14: Meriam Yahia Ibrahim and three more v.
Republic of The Sudan;
iii. Communication 734/19: J (Represented by the Initiative for Strategic
Litigation in Africa (ISLA) & Kenya Legal and Ethical Issues Network on
HIV & AIDS (KELIN)) v. Republic of Namibia;
iv. Communication 607/16: Famille de Feu Juvenal Habyarimana v.
Republic of Burundi;
v. Communication 704/18: Berhane Abrehe Kidane (represented by
Solomon Weldekirstos and Eritrean Law Society) v. The State of Eritrea;
vi. Communication 780/22: Chapter One Foundation Limited and Young
Women in action v. Republic of Zambia.
Decisions adopted on Admissibility - 6
Admissible - 4
i. Communication 679/17: Kenyans for Peace with Truth and Justice
(represented by Kenya Human Rights Commission) v. Republic of
Kenya;
ii. Communication 632/16: X and Y (represented by Lawyers for Justice
in Libya and the Redress Trust) v. Libya;
iii. Communication 779/22: Jacob Gedleyihlekisa Zuma v. Republic of
South Africa;
iv. Communication 765/21: Barankitse Marguerite and 11 others exiled
HRDs v. Republic of Burundi.
Inadmissible - 2
i. Communication 744/20: Justin Ndoundangoye (represented by
Barrister Calvin Job) v. Gabonese Republic;
ii. Comunicação 741/20: Christian Patrichi TANASA (represented by
Advocate Calvin Job) v. Gabon.
79th Ordinary
Session
Decisions adopted on Merits - 1
i.
Communication 480/14: Senate Masupha & Others v. Kingdom of
Lesotho.
Decisions adopted on Admissibility - 5
Admissible - 4
i. Communication 685/18: Nack Emmanuel (Represented by Ndikum
Law Offices) v. Republic of Cameroon;
ii. Communication 799/22: Busisiwe Mkhwebane (represented by
Shadrack Tebeile) v. Republic of South Africa;
iii. Communication 747/21: Van- Heerden and two others v. Republic of
South Africa;
iv. Communication 801/22: Afekuru Animu Rasasi Amiati (Represented
by Institute for Human Rights and Development in Africa) v. Republic
of South Sudan.
Inadmissible - 1
i. Communication 803/22: Abdulrashid Abshir Warsame v. Federal
Republic of The Sudan.
Strike-out – 2
i. Communication 671/17: Ahmed Abdel Hady El-Sihaimy v. Arab
Republic of Egypt;
ii. Communication 660/17: Jenny Naluwa Cherubala v. Democratic
Republic of Congo.
80th Ordinary
Session
(Private)
Decisions adopted on Merits – 5
i. Communication 709/19: Senator Jean-Pierre Bemba Gombo v.
Democratic Republic of Congo;
ii. Communication 476/14: Magdy Moustafa El- Baghdady v. Federal
Republic of the Sudan;
iii. Communication 801/22: Afekuru Animu Rasasi Amiati (Represented by
Institute for Human Rights and Development in Africa) v. Republic of
South Sudan;
iv. Communication 432/12: Peter Odiwuor Ngoge v. The Republic of Kenya;
v. Communication 700/18: Association des femmes Avocates Defenseures
des Droits Humains et Institute for Human Rights and Development in
Africa v Democratic Republic of Congo.
Decisions adopted on Admissibility – 8
Admissible - 6
i. Communication 399/11: Minority Rights Group International and
UNIPROBA v. Republic of Burundi;
ii. Communication 697/18: Mr Kaptue Tagne & Others v. Republic of
Cameroon;
iii. Communication 696/19: Jean-Marie Michel Mokoko v. Republic of
Congo;
iv. Communication 652/16: Franck Diongo Shamba v. Democratic Republic
of Congo;
v. Communication 566/15: Mrs. Chiggle v. Republic of Cameroon;
vi. Communication 794/22: Itai Dzamara on behalf of herself and her
husband Sheffra Dzamara v. Republic of Zimbabwe.
Inadmissible - 2
i. Communication 668/17: Peter Odiwuor Ngoge v. Republic of Kenya;
ii. Communication 758/21: Queen Ntombikayise Ambe v Republic South
Africa.
81st Ordinary
Session
Decisions adopted on Merits – 2
i. Communication 747/21: Van- Heerden and two others v. Republic of
South Africa;
ii. Communication 582/15: X (Represented by Lawyers for Justice in
Libya and REDRESS) v. Libya;
Decisions adopted on Admissibility - 3
Admissible - 2
iii. Communication 713/19: Ndayisaba Ali Ahmed Buregeya (represented
by IHRDA) v. Republic of Rwanda;
iv. Communication 717/19: M. Pie Sinzinkayo v. Republic of Burundi;
Inadmissible - 1
v. Communication 774/21: Phillip Nkosikhona Simelane (represented by
Mr. Shadrack Tebeile) v. Republic of South Africa;
Withdrawal - 1
Communication 642/16: Maison Shalom Burundi v. Republic of Burundi.
Communicatio
ns seized
(20)
1. Communication 832/24 : Ana Cristina Jakobsen v. Mauritius ;
2. Communication 833/24: Apôtre Joseph Kitwa Nsenga v. Democratic
Republic of Congo;
3. Communication 834/24 : Manirakiza Eric (reprenté par les avocats
Armel Niyo ;ngere, Jean Claude Ntiburumunsi et Divine Ntiranyuhura)
v. Burundi ;
4. Communication 835/24 : (X) v. Benin ;
5. Communication 836/24 : Houngue Eric Noudehouenou Landry Angelo
Adelakoun, Romaric Zinsou, Miguèle Houeto, Fréjus Attindoglo, et
Conaïde Akouedenoudje v. Bénin
6. Communication 837/23 : Jean Joseph Mellie v. Seychelles ;
7. Communication 838/24: Houngue Eric Noudehouehou v. South Africa
and 53 other States Parties of the African Commission on Human and
Peoples’ Rights;
8. Communication 839/24: Kenyi Yasin Abdallah v. South Sudan;
9. Communication 840/24: Eiman Ali Bashir Elshafie (represented by the
African Centre for Justice and Peace Studies (ACJPS) v. Sudan;
10. Communication 841/24: Nasim Onezime (represented by Begi’s Law
Offices and Chambers Advocates) v. Seychelles ;
11. Communication 842/24: Fatma Eldesouky Khattab v. Egypt;
12. Communication Nº 845/24 : Ebénézère Toussou v. Benin ;
Communicatio
ns not seized
(6)
13. Communication 848/24 : Landry Angelo Adelakoun, Romaric Zinsou,
Miguèle Houeto, Fréjus Attindoglo et Conaïde Akouedenoudje, v.
Benin ;
14. Communication 850/24: Maliza Said Soilihi v. Comoros;;
15. Comunicação 851/24: Professor Sebasteão da Silva Isata v. Angola;
16. Communication 852/24 : Mme. Mboussou Ognanosso Danièle née
Sassou Nguesso v. Congo ;
17. Communication 853/24 : Landry Angelo Adelakoun, Romaric Zinsou,
Miguèle Houeto, Fréjus Attindoglo, et Conaïde Akouedenoudje v.
Benin ;
18. Communication 854/24: Samuel Abuwe Ajiekha, alias known Samuel
Wazizi v. Cameroon;
19. Communication 855/24 : Arlette Diane Zogo veuve du feu Arsène
Salomon Mbani Zogo alias Martinez Zogo v. Cameroun ;
20. Communication 856/24 : Maliza Saïd Soilihi et autres c. Comoros.
1. Communication 813/23: Jacob Gedleyihlekisa Zuma v. South Africa;
2. Communication 829/23: Mthwakazi Republic Party v. Zimbabwe;
3. Communication 830/23: Pastef v. Senegal;
4. Communication 844/24: Edward Itani Mulaudzi v. South Africa;
5. Communication 846/23: Biafra Republic Government in Exile (BRGIE)
v. Nigeria;
6. Communication 847/2024 : Madame Mboussou Ognanosso Danièle
épouse Sassou Nguesso v. Congo.
40. The above tables show that during the period under review, the Commission seized
twenty (20) Communications, declared sixteen (16) admissible and six (6)
inadmissible, struck two (2) off its list, with one (1) Communication withdrawn. The
Commission also took fourteen (14) decisions on Merits.
VII.
APPLICATIONS FOR OBSERVER AND AFFILIATE STATUS
41. In accordance with Resolution ACHPR/Res.572(LXXVII)2023 on the Criteria for
Granting and Maintaining Observer Status to Non-Governmental
Organizations working on Human and Peoples’ Rights in Africa, the
Commission, during its 79th and 81st Ordinary Session, granted Observer status to
the following eighteen (18) NGOs:
i. Afrogiveness;
ii. Association IBSAR;
iii. Coalition Tunisienne Contre la Peine de Mort;
iv. Danish Institute Against Torture (DIGNITY);
v. Center for Human Rights and Democracy (CHRDA Cameroon);
vi. Lawyers for Human Rights;
vii. Hope Inspired Foundation for Women and Youths with Disabilities;
viii. Rwanda Men’s Resource Centre (RWAMREC);
Women’s Legal Aid Centre (WLAC);
Friends of Angola;
Alliance of Women Advocating for Change (AWAC);
Inua Advocacy;
Southern Africa Human Rights Defenders Network (SAHRDN or Southern
Defenders);
xiv. Association congolaise contre l'impunité et pour le développement (ACOCID);
xv. Caritas Développement Bukavu;
xvi. Groupe de Recherche-Action sur la Sécurité Humaine (GRASH);
xvii. African International Christian Ministry (AICM); and
xviii. Centre d'Actions pour le Développement.
ix.
x.
xi.
xii.
xiii.
42. This brings to five hundred and seventy-nine (579) the total number of NGOs
with Observer status at the end of the reporting period.
43. In accordance with Resolution CACDHP/Res.370 (LX) 2017 on the granting of
Affiliate status to National Human Rights Institutions and specialised human
rights institutions in Africa, the Commission granted affiliate status to the
National Mechanism for the Prevention of Torture of Mauritania and the National
Gender and Equality Commission of Kenya, during the 79th Ordinary Session. To
date, the Commission has granted affiliate status to thirty-eight (38) NHRIs and
specialised institutions.
44. During the 81st Ordinary Session, the Commission rejected and closed twenty-one
(21) applications for observer status, of which seventeen (17) were for failure to
submit additional files for consideration, and four (4) were from organizations not
registered in a State party to the African Charter. These decisions by the
Commission were taken in accordance with Resolution ACHPR/Res.572 (LXXVII)
2023 on the Criteria for Granting and Maintaining Observer Status for NonGovernmental Organisations Working on Human and Peoples’ Rights in
Africa.
VIII.
IMPLEMENTATION OF THE COMMISSION’S DECISIONS, REQUESTS FOR
PROVISIONAL MEASURES, CONCLUDING OBSERVATIONS AND
URGENT APPEAL LETTERS
45. As can be observed below, the level of compliance by the States Parties with the
Commission’s decisions, requests for provisional measures and urgent appeal
letters remains low:
➢ Implementing decisions on Communications:
46. During the period under review, the Commission received information in relation to
implementation of the following final decisions on Communications, in accordance
with Rule 125 of its Rules of Procedure (2020):
i.
Communication 473/14: The Family of the late Jackson Ndikuriyo v.
Republic of Burundi; and
ii.
Communication 389/10: Mbiankeu Geneviève v. Republic of Cameroon.
47. The Commission encourages this practice and congratulates the governments of
Cameroon and Burundi.
➢ Implementation of Letters of Concern and Urgent Appeals
48. During the reporting period, fifty (50) Letters of Concern and Urgent Appeal were
sent to States Parties, concerning various allegations of human rights violations:
States
Burkina Faso
The Sudan
Tunisia
Guinea
Democratic
Republic of
Congo
Senegal
Democratic
Republic of
Congo
Date of
Letter
14 November
2023
Issue justifying an Urgent
Appeal Letter
Letter of urgent appeal following
allegations of an attack on the
village of Zaongo, in north-central
Burkina Faso, on 2 November
which resulted in the deaths of
nearly one hundred civilians,
including women and children.
State Party's
response
No response
received
28 December Joint letter of urgent appeal
2023
regarding the escalation of
violence against women, in
Khartoum.
16 January
Joint urgent appeal letter
2024
concerning allegations of
kidnapping, smuggling and
trafficking in human beings
involving sub-Saharan migrants,
refugees and asylum seekers in
Tunisia.
18 January
Urgent appeal letter following
2024
reports that Colonel Pépé Célestin
Bilivogui had been abducted by a
group of gendarmes on 08
November 2023 and was being
held incommunicado.
19 January
Urgent letter of appeal following
2024
reports on violence and eviction of
members of the Batwa indigenous
population in the Kahuzi-Biega
National Park.
22 January
Joint letter of urgent appeal
2024
regarding the prolonged closure of
Cheikh Anta Diop University.
12 February
Urgent letter of appeal requesting
2024
the President to maintain the
moratorium on the death penalty,
No response
received
Response
received
No response
received
No response
received
No response
received
No response
received
Senegal
12 February
2024
The Gambia
16 February
2024
Malawi
26 February
2024
The Sudan
28 February
2024
Sierra Leone
04 March
2024
Tanzania
12 March
2024
Libya
03 April 2024
Egypt
05 April 2024
lifted by the Council of Ministers
on 09 February 2024.
Joint letter of urgent appeal
regarding reports of an internet
shutdown in the Republic of
Senegal.
Joint letter of urgent appeal
stressing the importance of
addressing the looming debate on
the ban against female genital
mutilation (FGM) in response to
reports received regarding a
proposed Bill of the National
Assembly seeking to lift the ban
against FGM.
Letter of urgent appeal regarding
escalating threats against Mr.
Gregory Gondwe, an investigative
journalist working in Malawi.
Joint letter of appeal following
reports indicating that since 04
February 2024 communication
services had been severed across
all regions of Sudan, following
disruptions by three main internet
operators at the hands of the
Rapid Support Forces (RSF).
Joint letter of urgent appeal
concerning the alleged deaths of
three girls resulting from female
genital mutilation (FGM) and
related complications.
Letter of urgent appeal regarding
reports of judicial harassment of
Mr. Odero Charles Oderos, the
Executive Director of Civic and
Legal Aid Organization (CILAO)
Letter of urgent appeal to the
State of Libya following the
discovery of a mass grave
containing more than 65 bodies of
migrants in south-west Libya.
Letter of Appeal concerning
reports of death sentences
handed down by the State
Security Emergency High Court
against eight individuals on 04
March 2024.
No response
received
No response
received
No response
received
No response
received
No response
received
No response
received
No response
received
Response
received.
Eswatini
13 May 2024
Egypt
14 May 2024
Tunisia
20 May 2024
Democratic
Republic of
Congo
20 May 2024
Guinea Bissau
24 May 2024
Guinea
29 May 2024
The Gambia
Burkina Faso
14 June
2024
22 July 2024
Guinea
22 July 2024
Letter of urgent appeal regarding
the judicial harassment of Mrs.
Tanele Maseko, widow of Adv.
Tulani Maseko.
Letter of urgent appeal on the
alleged State-sponsored smear
campaign and security threats
against the Sinai Foundation for
Human Rights and its Director,
Mr. Ahmed Salem.
Letter of appeal regarding the
arrest and detention of human
rights activists working to protect
migrants in the Republic of
Tunisia.
Letter of urgent appeal regarding
the murder of Salumu Miyaga,
human rights defender and
coordinator of the new Congolese
civil society in the Luvua sector,
Tanganyika province.
Joint letter of urgent appeal
regarding reports of brutality
committed by security forces,
during the period after the local
elections, following
demonstrations called by the
Popular Front on 18 May.
Joint letter of appeal regarding
DecreeA/2024/686/MIC/CAB/SGG
suspending the operation of
private radio and television
stations in the Republic of Guinea.
Joint letter of appeal regarding the
draft Cybercrime bill.
Joint urgent appeal letter
regardng the enforced
disappearances of journalists
Serge Oulon, Adama Bayala and
Kalifara Séré and the suspension
of two media outlets, L'Évènement
and 7Infos.
Letter of urgent appeal relating to
the enforced disappearance of
activists Oumar Sylla and
Mamadou Billo Bah.
No response
received
No response
received
Response
received
No response
received
No response
received
No response
received
No response
received
No response
received
No response
received
Kenya
23 July 2024
Kenya
12 August
Tanzania
20 August
2024
Kenya
21 August
Burkina Faso
21 August
2024
Somalia
27 August
2024
Kenya
02
September
2024
10
September
2024
Eswatini
Burkina Faso
11
September
2024
Joint letter of urgent appeal
regarding attacks on journalists in
Kenya.
Joint urgent appeal letter
regarding allegations of arbitrary
executions and enforced
disappearances of numerous
people who took part in
demonstrations or were suspected
of planning them.
Joint letter of appeal regarding
reports forceful relocation of
Maasai people from Endulen
village in Ngorongoro
Conservation Area (NCA), within
the vicinity of the UNESCO World
Heritage Site, where they have
lived for generations.
Joint urgent appeal on the alleged
disappearances of three human
rights defenders: Mr. Bob Michemi
Njagi, Mr. Longton Jamil, and
Aslam Longton.
Joint urgent letter of appeal
allegations of the forced
enlistment of magistrates in
security operations in Burkina
Faso.
Joint letter of appeal regarding
specific provisions in the Official
Information Bill (OIB) which
appear to contravene international
and regional human rights norms.
Joint letter of appeal alleged
enforced disappearance of three
human rights defenders.
Joint letter of urgent appeal
issued in response to a recent
decision of the Eswatini Supreme
Court which challenged provisions
of the Sedition and Subversive
Activities Act of 1938 and the
Suppression of Terrorism Act of
2008.
Letter of urgent appeal following
the massacre of hundreds of
civilians in Barsalogho on August
24, 2024.
No response
received
No response
received
No response
received
No response
received.
No response
received
No response
received
No response
received.
No response
received
No response
received
Uganda
19
September
2024
Ethiopia
19
September
2024
Tanzania
19
September
2024
Ethiopia
19
September
2024
Burkina Faso
24
September
2024
Democratic
Republic of
Congo
30
September
2024
Cameroun
03 October
2024
Cameroun
10 October
2024
Joint letter of urgent appeal
regarding reports of the recurring
attacks against environmental
human rights defenders, who
were subjected to abductions,
enforced disappearances, torture
and ill treatment, and
incommunicado detention.
Letter of appeal regarding
escalating threats against the
Ethiopian Human Rights Council
Organisation and increasing
crackdown on Civil Society in
Ethiopia.
Letter of Appeal in response to
reports received regarding
arbitrary arrests, abduction of
Opposition party members from
the CHADEMA party, in addition
to a number of journalists covering
the protests.
Joint letter of urgent appeal
regarding the escalating threats
against the Ethiopian Human
Rights Council Organisation
(EHRCO) and increasing
crackdown on Civil Society in
Ethiopia.
Joint letter of urgent appeal on the
enforced disappearances of the
following four journalists and
columnists; Kalifara Séré, Serge
Oulon, Adama Bayala and Alain
Traoré.
Situation of five (5) human rights
defenders, former SICIA workers,
detained in Goma Munzenze
Central Prison.
Joint letter of urgent appeal
concerning the sanctioning of a
number of media professionals
and human rights defenders, via a
Communiqué issued on 08 August
2024.
Joint urgent appeal letter
concerning the situation of human
rights defenders and journalists in
the Republic of Cameroon.
Response
received
No response
received
No response
received
No response
received
No response
received
No response
received
No response
received
No response
received
Côte d’Ivoire
10 October
2024
Democratic
Republic of
Congo
17 October
2024
Côte d’Ivoire
17 October
2024
Cameroun
18 October
2024
Mali
18 October
2024
Togo
18 October
2024
Zambia
20 October
2024
Kenya
31 October
2024
IX.
Urgent appeal on threats and
attacks against leaders and
members of the LGBTQI+
Community in Côte d'Ivoire.
Assassination, attempted
assassination and violation of the
rights of human rights defenders
in the Democratic Republic of
Congo.
Urgent appeal on measures
restricting freedom of association
and assembly contained in
Ordinance N°2024-368 of June
12, 2024 relating to the
organization of Civil Society in
Côte d'Ivoire.
Urgent appeal on the arrest and
detention of LGBTQI+ Community
activists in Douala, Cameroon.
Urgent appeal on the arrest and
detention of political leaders and
restriction of freedom of
expression and association in
Mali.
Urgent appeal on restriction of
civic space in the Togolese
Republic.
Urgent appeal on allegation on
interference of the Executive into
the independence of the judiciary
and concerns about its
politicization.
Urgent appeal letter concerning
the repatriation of four Turkish
refugees to Turkey.
No response
received
No response
received
No response
received
No response
received
No response
received
No response
received
No response
received
No response
received
LETTERS OF COMMENDATION
49. During the period under review, the following fourteen* (14) letters of appreciation
were sent to Heads of State and Government in respect of positive human rights
developments in the relevant countries:
States
Botswana
Date of letter
14 December
2023
Issues on which the Letter of
Appreciation/Commendation was based
Joint letter of commendation on the ratification
of the Protocol to the African Charter on
Democratic
Republic of Congo
18 January
2024
Liberia
05 February
2024
Senegal
11 April 2024
The Gambia
19 April 2024
The Gambia
12 July 2024
Sierra Leone
23 July 2024
Cabo Verde
30 July 2024
The Gambia
07 August
2024
Egypt
16 August
2024
Namibia
20 September
2024
Equatorial Guinea
30 September
2024
Tanzania
30 September
2024
Human and Peoples’ Rights on the Rights of
Women in Africa
Congratulatory letter to the President H.E
Félix Antoine Tshisekedi Tshilombo on his reelection.
Congratulatory letter to the President on his
election as the President of the Republic of
Liberia.
Letter of appreciation to the Government of
their decision to renegotiate oil, gas, and
mining contracts with foreign operators.
Letter of Commendation to the President for
his statement to religious leaders at the end of
the holy month of Ramadan, urging them to
preach peace and respect the laws of the
Republic of The Gambia, as a secular State.
Joint letter of commendation to the President
of the Republic recognizing the Government’s
steadfast commitment to upholding the
criminalization of FGM in The Gambia.
Joint letter of commendation on enactment of
the law prohibiting child marriage.
Letter of Appreciation regarding the
elimination of malaria in the country.
Letter of Commendation following the national
ratification of the Protocol on the Rights of
Older Persons, and the Protocol on the Rights
of Persons with Disabilities in Africa, by the
National Assembly of the Republic of The
Gambia.
Letter of commendation to the President
following the release of 600 convicts pursuant
to His Excellency’s presidential pardon in
terms of Article 155 of the Constitution.
Letter of commendation on becoming the first
country in Africa, and the first high-burden
country in the world, to reach a significant
milestone on the path towards eliminating
vertical mother-to-child transmission of HIV
and viral Hepatitis B.
Letter of Appreciation regarding the decree
granting amnesty to Mr. Mangue and 19 other
prisoners.
Joint letter of commendation to the President
in response to the steps taken by the
Government to restore suspended social
services, including health, water services and
education, to the Ngorongoro Conservation
Tunisia
X.
10 October
2024
area, in addition to the initiative taken by the
Government to direct the holding of local
Government elections.
Joint letter of congratulations to the President
of the Republic of Tunisia, on his re-election.
STATEMENTS AND PRESS RELEASES
50. During the reporting period, the Commission issued sixty-five* (65) press releases
on various human rights issues. These press releases can be consulted on the
Commission’s website: www.achpr.org.
XI.
PROMOTION AND FACT-FINDING MISSIONS
51. The Commission undertook the following promotion missions during the reporting
period:
i. Promotion Mission to the Kingdom of Lesotho, 29 January 02 February 2024;
ii. Promotion Mission to the Republic of Angola, 03 to 06 September 2024;
iii. Promotion Mission to the Union of the Comoros, 16 to 20 September 2024; and
iv. Promotion Mission to the Republic of Cabo Verde, 16 to 20 September 2024.
HUMAN RIGHTS SITUATION ON THE CONTINENT
52. This section is included in the activity report in accordance with Executive Council
decision EX.CL/Dec.639 (XVIII) requesting the Commission to inform the policymaking organs of the human rights situation on the continent. The Commission's
practice is to write the content of this section from specific elements put together
during its interactions with States Parties, NHRIs enjoying Affiliate status and NGOs
enjoying Observer status with the Commission during the regular Sessions of the
Commission, supplemented by other information gathered as part of its monitoring
of the human rights situation in individual States Parties during the intersession
period.
a) Positive developments
53. The Commission notes with satisfaction the following main positive developments
in human rights during the reporting period:
Ratifications:
i.
The Protocol on the Rights of Older Persons in Africa has been ratified by 15
States and came into force on 06 November 2024, with Nigeria and Sao Tome
and Principe being the latest States to ratify it.
ii.
iii.
iv.
v.
vi.
vii.
viii.
The Protocol on Persons with Disabilities, which came into force on 03 May
2024 following its 15th ratification by the Republic of Congo on 03 April 2024,
was also ratified by the Sahrawi Arab Democratic Republic, Uganda, Malawi,
and Nigeria on 25 October 2023, 11 October 2023, 20 December 2023, and 15
January 2024, respectively.
Ratification of the Protocol on the Rights of Older Persons in Africa by the
Saharawi Arab Democratic Republic on 25 October 2023, and by the Republic
of Uganda on 07 October 2024.
The Maputo Protocol has now been ratified by 45 countries, with Botswana
being the latest State ratify it.
Sao Tome and Principe ratified the Kampala Convention in February 2024.
Ratification of the Convention on the Reduction of Statelessness by São Tomé
and Príncipe on 15 January 2024.
Cote d’Ivoire and South Africa ratified the International Convention for the
Protection of All Persons from Enforced Disappearance on 06 June 2024 and
14 May 2024 respectively.
Adoption of the Protocol to the African Charter on Human and Peoples’ Rights
on Specific Aspects of the Right to Nationality and the Eradication of
Statelessness in Africa by the African Union.
Legislation and general policies for the protection and promotion of human
rights:
ix.
The signing into law of a bill abolishing criminal defamation by South Africa’s
President on 03 April 2024.
x.
On 15 December 2023, Zambia’s President signed its Access to Information Act
into law.
xi.
Increased efforts towards adoption of data protection laws in Africa, including
gazetting the Data Protection Act on 22 December 2023 by the Republic of
Seychelles, the Malawi Data Protection Act which came into force on 02
February 2024, in addition to approval by the House of Peoples Representatives
of Ethiopia of the Personal Data Protection Bill on 04 April 2024.
xii.
Adoption by Malawi Parliament, in December 2023 of Bill No. 23 of 2023:
Persons with Disabilities, repealing the Disability Act of 2012 and the
Handicapped Persons Act of 1971 which were less progressive regarding
recognised principles and standards for the rights of persons with disabilities.
xiii.
Implementation of the Prohibition of Child Marriage Act (2024) by Sierra Leone.
xiv.
Adoption of the National Transitional Justice Policy in April 2024, in addition to
finalization of its implementation roadmap in Ethiopia.
xv.
Ghana’s passage of the Affirmative Action (Gender Equality) Act in 2024, to
ensure greater gender equality across political, social, and economic sectors.
xvi.
The Gambia’s decision to uphold the ban on FGM, signalling a firm stance
against harmful practices.
Death Penalty:
xvii. Adoption of a Resolution by the Pan-African Parliament (PAP) on 05 July 2024,
which expressed its commitment to work with the ACHPR and other
stakeholders, to facilitate adoption of the draft Protocol to the African Charter
on the Abolition of the Death Penalty by the policy organs of the African Union.
Prevention of Torture in Africa:
xviii. The launch of the Africa Network National Mechanisms for the Prevention of
Torture, in Cape Town, South Africa, in June 2024.
xix.
On 31 July 2024, Togo’s National Prevention Mechanism celebrated its 5 th
anniversary, highlighting significant achievements and ongoing challenges such
as prison overcrowding.
Prisons:
xx.
The release of prisoners by States Parties, including the release of 600 convicts
by Egypt and the release of approximately 1,685 seriously ill inmates from the
Makala Prison in the DRC.
xxi.
Initiative taken by Cape Verde to ensure that prisoners have access to adequate
healthcare.
xxii. A pioneering initiative in Cape Verde involving the establishment of banking
services for inmates in Cape Verde, which empowers incarcerated individuals
with financial management tools and facilitates their reintegration into society
after release.
Freedom of Expression:
xxiii. Increase in the number of private radio stations by almost 75% in The Gambia,
with 39 FM stations in operation, according to data from the Public Utilities
Regulatory Authority (PURA).
Refugees, Migrants and Internally Displaced Persons:
xxiv. Since June 2024, the Tunisian authorities have set up a search and rescue zone
in the Mediterranean Sea, in order to increase the effectiveness of the State’s
intervention in providing a maritime search and rescue service for the benefit of
all users of the sea within Tunisia’s jurisdiction, including migrants, in an effort
to address the consequences of the many shipwrecks of often dilapidated boats
bound for Europe.
xxv. The campaign for the voluntary return and reintegration of almost 5,000
migrants to their countries of origin, carried out since the beginning of 2024 by
IOM Tunisia.
Economic, social and cultural rights:
xxvi. The successful roll out of the four-dose malaria vaccine of RTSS, which was
confirmed safe for use among use among children aged 17 months to 5 years,
in Ghana, Malawi, Kenya, Cameroon, Burkina Faso, Benin, Liberia and Sierra
Leone.
xxvii. The commitment made by a number States to support the WHO in addressing
regional and global health issues, including Botswana, Cape Verde, Gambia,
and South Africa, demonstrating an encouraging effort towards improving health
systems and ensuring the full realization of the right to health across Africa.
xxviii. Development of Tusome, a program which supports literacy development
throughout Kenya and fosters a reading culture among grades 1, 2, and 3
learners, including children with visual and hearing disabilities.
xxix.
xxx.
The new law in South Africa mandating one year of pre-primary education,
ensuring equal access to education for all children by addressing language
barriers and policy admission requirements, adopted with the aim of dismantling
discriminatory factors in education.
Impressive progress made by Cape Verde in strengthening its social protection
network, which includes a comprehensive social security system providing
essential support to the most vulnerable populations.
Women’s Rights:
xxxi. Mobilization of emergency services in response to natural disasters in
Cameroon and Mali including deploying obstetric care in affected regions,
demonstrating progress in crisis management and emergency healthcare.
xxxii. Adoption of a National Strategy to end child marriage (2024-2027) by Central
African Republic, demonstrating commitment to addressing harmful practices.
xxxiii. The appointment of the first female Prime Minister in the Democratic Republic
of Congo and South Africa’s appointment of Justice Mandisa Maya as the first
female Chief Justice, demonstrating strides in political representation and
gender equality.
xxxiv. Eswatini’s introduction of the ‘dapivirine’ ring for HIV prevention, as a means of
empowering women to protect their health.
xxxv. The commendable legislative efforts in Namibia to eliminate mother-to-child
transmission of HIV and Hepatitis B.
Human Rights Defenders:
Older persons:
xxxvi. Implementation of the Senior Citizen’s Grant (SAGE) in 146 districts targeting
older persons aged 80years and above in Uganda, aimed at reducing
intergenerational poverty and providing social protection and income security to
them.
Peace and Security:
xxxvii. The peace process for South Sudan being held in Kenya, involving the
participation of various actors in this process in an effort to involve actors that
are not signatories of the 2018 revitalized peace agreement.
b) Areas of Concern
54. However, the Commission remains concerned about the following negative human
rights developments during the reporting period:
Ratification:
i.
The low ratification rate of the Protocol to the African Charter on Human and
Peoples’ Rights on the Rights of Citizens to Social Protection and Social
Security, which has, as at reporting date, only two signatories.
ii.
Ten Member States have not ratified the Maputo Protocol: Burundi, Central
African Republic, Chad, Egypt, Eritrea, Madagascar, Morocco, Niger, Somalia,
and The Sudan.
Death penalty:
iii.
Lifting of the moratorium on executions in the DRC, as set out in a circular note
issued by the Minister of Justice on 13 March 2024 instructing the relevant
authorities to carry out the death penalty when it follows a judicial sentence
passed in times of war, under a state of siege or emergency, during a police
operation to maintain or re-establish public order, or during any other
exceptional circumstance.
iv.
170 death sentences were passed in the DRC, including 37 by the military court
of Kinshasa-Gombé for criminal conspiracy, terrorism and the attempted coup
d’état of 19 May 2024.
Enforced disappearances:
v.
Reported cases of enforced disappearance of human rights defenders.
vi.
The reported enforced disappearance of journalists in Burkina Faso, including
Atiana Serge Oulon, Kalifara Séré, Adama Bayala and Alain Traoré who have
been missing since June 2024.
vii.
In the Republic of Guinea, Mamadou Billo Bah and Foniké Menguè have not
been seen for three months following their abduction by armed individuals.
The Prevention of Torture:
viii.
Many African States have not ratified the Optional Protocol to the Convention
Against Torture (OPCAT) or established national preventive mechanisms to
monitor places of detention.
ix.
Some States have not criminalized torture and other ill-treatment in accordance
with the Convention against Torture.
x.
Torture remains pervasive, often employed as a tool of political repression,
social control, and intimidation against the most marginalized.
Prisons:
xi.
The issue of prisons overcrowding, as it remains a serious challenge requiring
immediate attention.
xii.
Poor prison facilities in many States parties, which are often outdated and
inadequate to meet minimum standards of safety and dignity.
xiii.
The practice of detaining political opposition members for prolonged periods, as
a means to silence dissenting voices.
xiv.
The excessive use of force used to suppress public demonstrations, ensuring
adherence to human rights standards.
xv.
The offensive use of force during pre and post-electoral periods, as it is
frequently applied as a tool for political control over opponents.
Freedom of expression:
xvi.
The persistence of challenges affecting press freedom, including impunity for
physical violence or verbal threats directed at journalists and media houses, in
addition to legal restrictions, such as criminal defamation, sedition and insult
laws, which negatively impact freedom of expression and press freedom.
xvii.
Journalists and media outlets in Guinea-Bissau continue to face harassment,
intimidation, and threats, with some critical voices being silenced or censored,
limiting space for independent reporting and public debate.
Economic, social and cultural rights:
xviii. The ill-treatment and discrimination of informal workers is a growing concern
with reference to cross-border traders.
xix.
Several States are yet to attain the full realization of the right to education,
especially where migrants, refugees, asylum seekers and internally displaced
persons are concerned.
xx.
The lack of access to quality education and the persistent gender gap in literacy
rates are barriers to youth employment and economic growth.
xxi.
The right to health, including mental health, remains an area of concern as most
States in Africa do not have adequate, accessible and affordable healthcare.
xxii. Gender bias remains a persistent barrier to the realization of women’s property
rights, despite the provisions of the Maputo Protocol and the African Charter.
xxiii. Youth unemployment remains a critical issue, with a high unemployment rate
and many young Africans engaged in insecure, vulnerable work.
xxiv. The ongoing Mpox outbreak, particularly in high-risk areas like the Democratic
Republic of Congo, which poses a significant health concern, with refugees and
internally displaced persons being particularly vulnerable.
xxv. Between 22 July and 28 October 2024, Sudan reported over 28,000 cholera
cases and 836 deaths across 11 states, while a concurrent dengue fever
outbreak saw 4,544 cases and 12 deaths, with humanitarian organizations
responding to the health crises through vaccination campaigns and emergency
aid efforts amidst severe flooding and ongoing conflict.
xxvi. Less than 30% of the population in several African countries has access to
social protection benefits, exposing a large gap in social security coverage,
leaving vulnerable populations at risk and exacerbating poverty and social
exclusion.
Women’s Rights:
xxvii. The ongoing conflict in Ethiopia’s Amhara region has led to a significant rise in
sexual violence, with over 200 cases of rape reported since July 2023, raising
concerns about unreported incidents amid the ongoing instability.
xxviii. Reports of the abduction and forced initiation of girls into the Sande Bush, in
Sierra Leone, where FGM is allegedly practiced, raising serious concerns about
the violation of girls’ rights and the perpetuation of harmful cultural practices.
xxix. The increasing reports of femicide cases in Kenya, including the killing of 14
women in January 2024, underscoring alarming rates of intimate partner
violence and gender inequality.
Human Rights Defenders:
xxx. The persistence of legislative frameworks and ongoing legal restrictions that
hinder the work of civil society associations and organizations, in addition to
bureaucratic hurdles in the legal registration of human rights associations and
NGOs in certain countries.
xxxi.
The absence of specific laws and other legal mechanisms for the protection of
human rights defenders in most countries.
xxxii. The dissolution of opposition associations and political parties in Mali.
xxxiii. Forced recruitment of civil society figures into the anti-jihadist fight in Burkina
Faso.
xxxiv. Criminalization of human rights defenders, which has resulted in arbitrary
arrests, constant harassment, unfounded criminal sanctions, excessive delays
in criminal procedures, stigmatization and prolonged detentions.
xxxv. Increased repression against environmental rights defenders, migrant rights
defenders, and those working on issues related to sexual minorities and gender
identity.
xxxvi. The prohibition of demonstrations, particularly for opposition political parties and
other dissenting voices, especially during electoral periods.
xxxvii. The politicization of civil society organizations and the work of human rights
defenders.
xxxviii. The increase of online and communication surveillance of human rights
defenders, journalists, among others, which is being utilized by security
agencies in breach of data protection laws and regulations.
Refugees, Migrants and Internally Displaced Persons:
xxxix. The funding of humanitarian responses and aid, for refugees, asylum seekers
and other displaced people, continues to suffer from restrictions due to limited
funding for aid and assistance programs.
xl.
The increase in climate-related forced internal displacement.
xli.
The concerning situation of many African migrant workers, in particular
domestic workers from Ethiopia, Kenya, Sudan and Sierra Leone, who are
stranded after being abandoned by their employers, often without passports,
and have not yet been evacuated following the latest military escalation in
Lebanon.
xlii.
The continued refoulement and collective expulsions of migrants by a number
of State Parties.
xliii.
The numerous exit bans issued against former officials of former President
Macky Sall’s government in Senegal.
Extractive Industries and the Environment:
xliv.
The interface between extraction of minerals and conflicts in Africa, as
exemplified by the proliferation of the illicit extraction of gold which has become
a major source of financing of the ongoing war between the Sudan Armed
Forces (SAF) and the paramilitary Rapid Support Forces (RSF).
xlv.
The discovery and extraction of the rich resource endowments of the Cabo
Delgado province of Mozambique, including the Liquefied Natural Gas (LNG)
from what is believed to be Africa’s largest gas reserve, has been accompanied
by the eruption of a terrorist insurgency.
xlvi.
The DH Mining graphite project in Nipepe, Mozambique, has highlighted
significant issues in the resettlement of local communities, particularly in terms
of transparency and housing conditions for the 125 displaced families.
Peace and security:
xlvii.
The severe impact of the ongoing armed conflict, widespread atrocities and
grave violations against civilians in Sudan, in addition to the dire humanitarian
situation caused by the warring parties’ disregard for the laws of war and
deliberate obstruction of life-saving humanitarian aid.
xlviii. Women and girls are disproportionately affected by the conflict in Sudan, with
sexual violence being used as a tactic of war, with a marked increase in genderbased violence, including rape, sexual slavery, and trafficking being used as
weapons of war.
xlix. Over 10 million people have been displaced since the outbreak of the conflict in
Sudan, in what has become one of the largest displacements in human history.
l.
Armed groups in Mozambique, including ISIS-affiliated Al-Shabab, have
recruited child soldiers into combat, in violation of international humanitarian law
and human rights, putting children in extreme danger and leading to long-term
trauma.
RECOMMENDATIONS
55. In view of the foregoing, the Commission makes the following recommendations:
a) To States Parties:
i.
ii.
iii.
iv.
v.
vi.
vii.
Sign, ratify and domesticate the Protocol to the African Charter on the Rights
of Citizens to Social Protection and Social Security, the Protocols on Older
Persons and Persons with Disabilities, the Protocol on Right to Nationality and
Statelessness, the Optional Protocol to the Convention against Torture
(OPCAT), the 1989 ILO Convention on Indigenous and Tribal Peoples (the
ILO Convention 169), in addition to other relevant regional and international
human rights treaties.
Ratify and domesticate the Maputo Protocol by the concerned ten States
which have not done so.
Adopt and implement all soft law documents adopted by the Commission.
Observe a moratorium on the use of the death penalty, in accordance with
Resolution ACHPR/Res.42(XXVI)99 where the death penalty still exists,
suspend the execution of prisoners sentenced to death and commute their
sentences to lesser penalties, and support efforts to adopt the draft Protocol
to the African Charter on the Abolition of the Death Penalty.
Revise national legislation to protect individuals from enforced
disappearances, torture and other ill-treatment by prohibiting secret detention,
prolonged isolation and criminalizing the use of secret or unauthorized
detention centres, in accordance with the Robben Island Guidelines, the
Convention against Torture (UNCAT) and OPCAT.
Prioritize accountability for abuses committed by security forces, including
arbitrary detentions and excessive use of force, establish independent
oversight mechanisms, facilitate human rights training for security personnel,
and ensure that victims have access to legal recourse.
Take measures to prevent the misuse of broad-scope laws such as antiterrorism legislation, emergency laws and other State security laws to conduct
arbitrary arrest, searches and detention, in violation of international and
regional standards.
viii. Implement effective measures to reduce prison overcrowding by adopting
national laws that incorporate the Principles on Decriminalization of Minor
Offenses adopted by the Commission in 2018.
ix. Ensure that law enforcement and public security forces incorporate training
materials, both initial and ongoing, that reflect aspects of the Guidelines on
the Policing of Assemblies and the Study on the Use of Force, as adopted by
the Commission, emphasizing the protection and respect of human rights.
x. Implement effective measures to prevent the use of detentions as a means to
silence opposition and other civil society actors.
xi. Repeal existing laws and refrain from adopting legislation which restricts
freedom of expression and freedom of the press.
xii. Ensure a safe environment for journalists and activists.
xiii. Ensure that refugees enjoy all their human rights, including economic, social
and cultural rights and specific freedoms within the framework of national laws.
xiv. Accelerate the operationalization of the African Humanitarian Agency by
equipping it with substantial funds and effective means of action so it can
adequately address various humanitarian situations in Africa.
xv. Ensure that their legislative frameworks promote availability and access to HIV
testing, treatment and general healthcare, in addition to addressing
stigmatization and discrimination against people living with HIV.
xvi. Ensure access to education for all, at every level of the education system.
xvii. Take measures and put in place access to water, sanitation and other basic
health care necessities to the public, as conditions for safeguaring health and
life.
xviii. Ensure all National Development Plans, including monitoring and evaluation
mechanisms of such plans, are human rights driven and take into account
their obligations under the African Charter, Agenda 2063 and the 2030
Sustainable Development Goals.
xix. Refrain from adopting restricting laws aimed at limiting civic space and the
legitimate activities of human rights defenders in promoting and protecting
human rights.
xx. Address and prevent instances of sexual violence occurring in conflict affected
areas, in addition to ensuring the accountability of those responsible for sexual
violence and provide sufficient support and assistance to survivors.
xxi. Take measures, such as investigation and prosecution, in response to the
reports of abduction and forced intiation of girls, in order to address harmful
cultural practices.
xxii. Implement robust child protection laws and programs that offer educational
and vocational opportunities for at-risk youth.
b) To the PRC:
i.
Urgently provide the necessary resources for the Joint Fact-finding Mission of
the Commission and the AU Peace and Security Council into the human rights
situation in Sudan, in accordance with the Peace and Security Council press
ii.
XII.
statement PSC/PR/BR and Peace and Security Council Final
Communiqué PSC/HoSG/COMM.,
Encourage the Government of Sudan, and neighbouring States, to cooperate
with the Commission and authorize the fact-finding mission urgently.
ADMINISTRATIVE AND FINANCIAL SITUATION OF THE COMMISSION
a) Staffing
56. The African Commission’s Secretariat recently onboarded several staff members,
including an Executive Secretary, a Finance and Administration Officer, and a
Translator/Interpreter. Additionally, the recruitment process for a Deputy Executive
Secretary is nearing completion. Through collaboration with the Institute for
Human Rights and Development in Africa and technical assistance from the Open
Society Foundation, seven short-term legal experts were provided to address
specific programmatic and administrative needs. Some roles are still under
recruitment, and one youth volunteer has been enlisted to support the Finance
Unit. The Commission has also received support from some States parties through
the deployment of highly professional seconded legal experts and these are
currently from Algeria, Egypt, Botswana and Tanzania.
57. AU EX.CL Council Decisions EX.CL/Dec.995(XXXII) (2018), EX.CL/Dec.
1080(XXXVI) (2020) and EX.CL/Dec. 11(XLIV) (2024) all call for adequate human
resources, entailing filling vacant posts and a review of the current structure.
However, many Units in the Secretariat either do not have staff at all or are oneperson Units. The Secretariat therefore has an acute staff shortage which affects
its daily work.
58. The current structure of the Commission’s Secretariat was last updated and
approved in 2009. In line with Executive Council Decision
EX.CL/Dec.996(XXXII) of January 2018, the Secretariat submitted a revised
structure to AU organs in February 2024, which proposes a staff complement of
one hundred and fifty-six (156) positions, instead of the forty-seven (47) positions
which were approved in 2009.
XIII.
IMPLEMENTATION OF EXECUTIVE COUNCIL DECISIONS
a) Joint Retreat between the Commission and the PRC
59. Following Executive Council Decisions EX.CL/Dec.995 (2018) and
EX.CL/Dec.1045 (2019), the Commission organized a Joint Retreat from 05 to 07
December 2023, in Dakar, Senegal, with the PRC Sub-Committee on Human
Rights, Democracy, and Governance to enhance collaboration between the
Commission, Policy Organs and Member States and facilitate a coordinated and
strengthened approach towards the protection and promotion of human and
peoples’ rights.. Representatives of the PRC aSub-Committee on General
Supervision and Coordination of Budgetary, Financial and Administrative Matters,
and the Sub-Committee on Structural Reforms, also participated in the Retreat.
b) Pre-session State Forum
60. The Commission organized the inaugural Pre-Session Forum of Member States
parties to the African Charter on Human and Peoples’ Rights, in Banjul, The
Gambia, from 15 to 16 October 2024, ahead of the 81st Ordinary Session of the
Commission, in accordance with EX.CL/1045(XXXIV) and EX.CL/1065(XXXV).
The Forum was in response to a request by States parties and was organised
towards establishing and institutionalizing in conjunction with the PRC
Subcommittee on Human Rights, Democracy and Governance, a dedicated and
formalized platform for States Parties to interact on the state of human rights
promotion and protection on the continent, ahead of the Ordinary Sessions of the
ACHPR.
c) Building of the Commission’s headquarters
61. The process for constructing the Commission’s headquarters in The Gambia is
ongoing, in line with Executive Council Decision 1045. A foundation-laying
ceremony took place at the designated site during the 75th Ordinary Session in
October 2022, and the design has been finalized by engineers from both The
Gambian government and the AU Commission. However, construction has not yet
commenced. The Commission has duly engaged the Government on the need for
additional office space and facilities for its Secretariat and has received assurance
from the Host Government of continued support for the Commission’s mandate.
62. In the interim, the Host Government has proposed an alternative building with
more office space to house the Secretariat temporarily. A team of experts from the
AUC assessed the proposed site in March 2024 and confirmed, subject to some
proposed renovations, that it could serve as a temporary solution until the
permanent headquarters are ready. Financial commitment from The Gambia will
be necessary to finalize and equip the interim office. The status of the permanent
headquarters project will remain a regular topic in the Commission’s activity
reports to the Policy Organs.
XIV.
Challenges
63. Despite progress in filling critical roles, the Secretariat faces budgetary constraints,
hindering its ability to fill all approved regular positions. The vacancy rate remains
high at 36%, with forty-eight active staff members, including regular staff,
seconded personnel, fellows, and volunteers. Some positions, such as those of
the Human Resources Assistant, Documentalist and Senior Driver, are in the
process of being recruited.
64. This shortage affects the Commission’s operations and staff well-being, drawing
audit attention due to associated risks, like inadequate duty segregation. Several
AU Executive Council Decisions, such as EX.CL/Dec. 995 (2018), EX.CL/Dec.
1080 (2020), and EX.CL/Dec. 11 (2024), have underscored the need for a
complete review of the Commission’s staffing structure and directed the PRC to
expedite budget provision to fill the 12 vacant positions and as well consider the
structure revisions.
65. In addition, the Secretariat’s lack of a permanent headquarters impacts its access
to adequate office and meeting facilities, driving up operational costs for Sessions
and other meetings.
66. Furthermore, budget constraints persist, with only about 50.2% of the
Commission's approved program budget ceiling for 2025 estimated at about
$580,000, currently available and committed to by Member States for funding,
while the Commission was required to source the remaining part from
development partners. Consequently, the Commission is expected to rely on
partner funding to cover nearly half of its financial needs. While the AUC advised
resubmitting budget requests to address this shortfall, particularly for key projects,
in response to which the ACHPR made requisite submissions, there has been no
response to date regarding the additional funding requests.
67. Furthermore, since the COVID-19 pandemic, the budget for the Commission's
statutory sessions has not seen significant improvement, leaving it without the
necessary funds to hold in-person sessions. Only with an approved supplementary
budget was the Commission able to convene its 81st Ordinary Session, which
would otherwise have been impossible. This challenge is further intensified by the
lack of offers from States Parties to host the Commission's sessions.
XV.
DATES OF THE 82nd AND 83rd ORDINARY SESSIONS OF THE
COMMISSION
68. The dates of the 82nd and 83rd Ordinary Sessions of the Commission will be 25
February to 11 March 2025, and 02 to 22 May 2025 respectively.
EX.CL/Draft/Dec…(XLVI)
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DRAFT
DECISION ON THE ACTIVITY REPORT OF THE AFRICAN COMMISSION
ON HUMAN AND PEOPLES' RIGHTS (ACHPR)
The Executive Council,
1. TAKES NOTE of the combined Fifty-sixth (56th) and Fifty-seventh (57th) Activity
Reports of the African Commission on Human and Peoples’ Rights (ACHPR);
2. EXPRESSES its appreciation for the efforts made by the ACHPR during the period
under review to promote and protect human rights on the continent;
3. WELCOMES the celebration of Africa Human Rights Day, during which the
ACHPR organized a Joint Colloquium focused on advancing economic, social,
and cultural rights, focusing on the African Union (AU) theme for 2024 to “Educate
an African fit for the 21st Century;”
4. APPLAUDS the ACHPR for organizing the first Joint Forum of Special
Mechanisms in Dakar, under the theme “Advancing the Protection and Promotion
of Human Rights in Africa: Strengthening Commitments, Overcoming Challenges,
and Reinforcing Opportunities,” which provided a platform for collaborative
initiatives tackling cross-cutting human rights issues;
5. CONGRATULATES the ACHPR for hosting the inaugural Pre-Session Forum of
States Parties to the African Charter on Human and Peoples’ Rights, with the aim
of facilitating regular dialogue and collaboration between the ACHPR and the PRC
in line with the directives from EX.CL/1045(XXXIV) and EX.CL/1065(XXXV);
6. CONGRATULATES Member States for the entry into force of two important
protocols, the Protocol to the African Charter on Human and Peoples’ Rights
on the Rights of Persons with Disabilities and the Protocol to the African
Charter on Human and Peoples’ Rights on the Rights of Older Persons, and
ENCOURAGES States Parties to endeavour to achieve universal ratification;
7. LAUDS the adoption of the Protocol to the African Charter on Human and
Peoples’ Rights on the Specific Aspects of the Right to Nationality and the
Eradication of Statelessness in Africa by the African Union, in addition to the
initial signatures of the Protocol to African Charter on Human and Peoples’
Rights on the Rights of Citizens to Social Protection and Social Security;
8. REITERATES its request to Member States that have not yet ratified other various
African Union human rights instruments to take all necessary measures to do so;
9. COMMENDS those States Parties to the African Charter that have fulfilled their
reporting obligations and ENCOURAGES those which have never submitted
reports, as well as those with more than three outstanding periodic reports, to
submit them in accordance with Article 62 of the African Charter, Article 26 of the
Protocol to the African Charter on Human and Peoples’ Rights on the Rights
of Women in Africa, and Article 14 of the African Union Convention for the
Protection and Assistance of Internally Displaced Persons in Africa;
EX.CL/Draft/Dec…(XLVI)
Page 2
10. CALLS ON States Parties to comply with the decisions rendered by the ACHPR
on the Communications involving them, as well as the recommendations issued
pursuant to Promotion Missions and Periodic Reports review;
11. REQUESTS the necessary resources for the Joint Fact-finding Mission of the
ACHPR and the African Union Commission (AUC) into the human rights situation
in Sudan, mandated by the AU Peace and Security Council and ENCOURAGES
the Government of Sudan, and neighbouring States, to cooperate with the ACHPR
and authorize the fact-finding mission;
12. TAKES NOTE of the budgetary difficulties encountered by the ACHPR in the
implementation of some aspects of its mandates and REQUESTS the PRC to
consider the necessary budgetary support to the ACHPR to ensure
implementation of the critical aspects of its mandate in line with the due process;
13. ENCOURAGES the ACHPR to improve cooperation and collaboration with State
Parties and the AUC, for enhanced protection of human rights in Africa; and
14. AUTHORIZES the publication of the 56th and 57th combined activity reports of the
ACHPR, considering the contributions and observations made by the States
Parties.