+
AFRICAN UNION
UNION AFRICAINE
UNIÃO AFRICANA
African Commission on Human &
Peoples’ Rights
Commission Africaine des Droits de
l’Homme & des Peuples
No. 31 Bijilo Annex Lay-out, Kombo North District, Western Region, P. O. Box 673, Banjul, The Gambia Tel: (220) (220)
441 05 05 /441 05 06, Fax: (220) 441 05 04 E-mail: au-banjul@africa-union.org; Web www.achpr.org
FINAL COMMUNIQUE OF THE 52nd ORDINARY SESSION OF THE AFRICAN
COMMISSION ON HUMAN AND PEOPLES’ RIGHTS
HELD IN YAMOUSSOUKRO, COTE D’ IVOIRE
FROM 9 TO 22 OCTOBER 2012
1. The African Commission on Human and Peoples‟ Rights (the Commission)
held its 52nd Ordinary Session in Yamoussoukro, Republic of Côte d‟Ivoire,
from 9 to 22 October 2012.
2. The Opening Ceremony was graced by the presence of the President of the
Republic of Côte d‟Ivoire, His Excellency Alassane Dramane Ouattara, who
declared the Session open.
3. Honourable Commissioner Catherine Dupe Atoki, Chairperson of the
Commission, presided over the deliberations of the 52nd Ordinary Session.
4. The following Honourable Members of the Commission attended and
participated in the Session:
1|Page
Honourable Commissioner – Kayitesi Zainabo Sylvie (Vice
Chairperson);
Honourable Commissioner Reine Alapini-Gansou;
Honourable Commissioner Faith Pansy Tlakula;
Honourable Commissioner Yeung Kam John Yeung Sik Yuen;
Honourable Commissioner Soyata Maiga;
Honourable Commissioner Mohamed Bechir Khalfallah;
Honourable Commissioner Lucy Asuagbor;
Honourable Commissioner Med Kaggwa;
Honourable Commissioner Maya Sahli-Fadel; and
Honourable Commissioner Pacifique Manirakiza.
5. Honourable Commissioners Kayitesi Zainabo Sylvie (Vice Chairperson) and
Lucy Asuagbor attended part of the Session but had to leave in mid-Session,
with apologies.
6. Altogether five hundred and sixty five (565) delegates participated in the 52nd
Ordinary Session. Of these, ninety eight (98) represented twenty seven (27)
States Parties, twenty four (24) represented National Human Rights
Institutions, seventeen (17) represented International and Inter-Governmental
Organizations, four hundred and nineteen (419) represented African and
International NGOs as well as other observers, and seven (7) represented
African Union Organs.
7. A number of parallel meetings were held prior to and on the margins of the
52nd Ordinary Session, including the following:
NGO Forum, from 6 to 8 October 2012;
Celebration of the 10th World Day against the Death Penalty, 10
October 2012;
Meeting of Women Human Rights Defenders to draft a Report on
women‟s rights defenders, 10 October 2012;
Interactive session with the Special Rapporteur on Refugees, Asylum
Seekers, Internally Displaced Persons and Migrants in Africa, 10
October 2012;
Meeting of the Commission‟s Working Group on Economic, Social and
Cultural Rights, 13 October 2012;
Interactive session on the issue of Libyan Migrants,11 October 2012;
Launch of Decriminalisation of Freedom of Expression Project and 10th
Anniversary of the Declaration on Freedom of Expression;
Launch of African Policing Civilian Oversight Forum (APCOF)
newsletter, 16 October 2012;
Training by the Committee on the Protection of the Rights of People
Living with HIV and those at Risk, Vulnerable to and Affected by HIV
on “HIV, The Law and Human Rights,” 19 October 2011;
2|Page
8. The Mayor of Yamoussoukro, Mr. Kouakou Gnanragbe Jean, welcomed all
invited dignitaries and participants of the 52nd Ordinary Session and the 25th
Anniversary of the Commission to Yamoussoukro, and wished them a
pleasant stay.
9. As part of the events in commemoration of its 25th Anniversary, the
Commission organised a Moot Court Competition between Université de
l‟Atlantique and Institut Universitaire d‟Abidjan, on 12 October 2012. It also
organised a Musical Concert and a Marathon for Human Rights on the
following day.
10. In her Opening Address, the Chairperson of the Commission, Honourable
Catherine Dupe Atoki, thanked His Excellency the President, Mr Alassane
Dramane Ouattara and the people of Côte d‟Ivoire for hosting the 52nd
Ordinary Session, and noted that the holding of the Session in Yamoussoukro
is a clear testimony that not only has peace been restored in Côte d‟Ivoire but
also that good governance and in particular, the promotion and protection of
human rights are on top of the country‟s agenda.
11. She stated that the 52nd Ordinary Session marks the 25th Anniversary of
Commission‟s establishment by the then Organization of African Unity
(OAU). She lamented that freedom did not bring the much-anticipated
progress and prosperity as independent African states struggled to contain
the impact of arbitrary borders that fuelled tensions. She went on to say that
the question of human rights did not feature prominently when the OAU was
created, but faced with widespread human rights challenges, in 1981 the OAU
adopted the African Charter on Human and Peoples‟ Rights (the African
Charter).
12. The Chairperson said that the formative years of the Commission were
fraught with acute challenges that threatened its existence, as Member States
were uncooperative with a new organization prying into their „private lives‟.
13. The Chairperson, however, was pleased to note that despite these challenges,
the Commission has been able to traverse the terrain in Africa and claim
ownership as the first reference point on issues of human rights on the
continent – going on to establish various Subsidiary Mechanisms and to
address complex human rights situations.
14. In conclusion, she suggested that for a more efficient Commission of the next
25 years and beyond, it is imperative that as the foremost institution
mandated to promote and protect human rights on the continent, the African
3|Page
Union should fully support it. She further appealed to States Parties to live up
to their commitments and obligations under the Charter and, by implication,
the decisions and recommendations of the Commission. She also reminded
the delegates that the promotion and protection of human rights is the
collective responsibility of all.
15. Speaking on behalf of Her Excellency Mrs Navy Pillay, United Nations High
Commissioner for Human Rights, His Excellency Mr Bert Koenders, UN
Special Representative to Côte d‟Ivoire, recalled the serious measures that the
African continent has taken in the realization of the promotion and protection
of human rights. He pointed out that the Commission has contributed to the
improvement of legislation in many African countries.
16. Regarding the working relationship between the Commission and the United
Nations, Mr Koenders reported that in 2002 the UN High Commission for
Human Rights established an office in Addis Ababa in order to cement its ties
with the African Union and its mechanisms for the protection of human and
peoples‟ rights in Africa. He stressed that the protection of human rights is a
continuous mission of the UN.
17. With regard to the current situation in Côte d‟Ivoire, Mr Koenders affirmed
that the Ouattara government‟s programmes in place are destined to promote
a vigorous reform of the security sector, and also revealed that the
government had in fact set up a Truth and Reconciliation Commission to
bring lasting peace to the county. He stressed the importance of peace in
Africa and stated that without peace and security human rights are fragile
and that without respect for human rights there is neither peace nor security.
18. Professor Christof Heyns, the UN Special Rapporteur on Extra-judicial,
Summary or Arbitrary Executions, and the Chairperson of the HRCCommission Joint Working Group for Implementing the Addis Ababa Road
Map on the collaboration between the HRC and the Commission special
procedures mandate holders, indicated that the Charter greatly contributed to
the promotion and protection of human rights on the continent. The
Commission, he said, has provided robust jurisprudence and a forum for the
deliberation of various human rights issues in Africa.
19. Professor Heyns stated that mindful of the similarities between the mandates
of the Commission and the UN special procedures, the mandate holders of
these two institutions came together to develop a Road-Map to strengthen
collaboration and synergies between the two institutions, which was adopted
4|Page
in January 2012 in Addis Ababa, Ethiopia. Since then the mandate holders of
the two institutions undertook various joint activities, among which are joint
press releases, conferences and seminars and a fact-finding mission. He
underscored the need for the two institutions to continue working together
towards achieving accountability for human rights violations.
20. Speaking on behalf of the President of the African Court on Human and
Peoples‟ Rights (African Court), Honourable Justice Orée Sylvain emphasized
on the relationship between human rights, peace and development which, he
said, are the values that helped build the African Union. As such, it is
legitimate for African leaders and the people of Africa to expect the
Commission, the African Court and other regional human rights protection
mechanisms to use these values towards attaining the objectives of the AU.
21. He underscored the complementarity relationship between the two
institutions which, he stated, was established by the Court Protocol, and has
enabled the two institutions to put in place the necessary collaboration
structures for strengthening human rights protection on the continent. With
the objective of enhancing this complementarity, he indicated that the two
institutions have already organised joint meetings, two meetings between the
respective bureaux and one joint annual meeting held in Algiers in July 2012.
He commended the Commission for the work done.
22. Honourable Lamin Jobarteh, Attorney General and Minister of Justice of the
Republic of The Gambia, recalled that many of the negotiations that led to the
adoption of the Charter took place in Banjul, The Gambia, which is why it is
also called the Banjul Charter.
23. Mr Jobarteh expressed regret that the African continent is still very far from
attaining the goal of full enjoyment of rights by each individual. The Minister
stated that there can be no doubt that the system for the protection of human
rights has brought an improvement in the living conditions of millions of
Africans.
24. Mr Gilbert Sebihogo, speaking on behalf of the Network of African National
Human Rights Institutions, thanked the Commission for the recognition it has
accorded the NHRIs and lamented about the continued deterioration of the
human rights situation in Africa. He reminded the delegates about the deaths
of almost forty-five (45) people at the Marikana platinum mine in South
Africa where miners were shot and killed in August 2012, as well as the
5|Page
killing of more than one hundred and ten (110) people in Kenya‟s Tana River
Region.
25. Mr Sebihogo commended the Commission for helping to find solutions to the
conflict in Côte d‟Ivoire, where many of its citizens suffered during the postelection conflict in 2010, and called on the Government of Côte d‟Ivoire to
resolve the current impasse, and fast-track its reconciliation.
26. Mrs Hannah Forster, Executive Director of the African Centre for Democracy
and Human Rights Studies, speaking on behalf of NGOs, commended the
Republic of Côte d‟Ivoire for presenting its initial State Report to the
Commission, despite the challenges and austerity measures the country has
been going through. She called on States Parties to respect the right to life and
urged them to impose a moratorium on the death penalty.
27. Mrs Forster said that the declarations emerging from the NGO Forum
indicated that participants, particularly NGOs with Observer Status, have
reiterated their readiness to work in collaboration with the Commission, as
well as the African Union and its organs, in the furtherance of human rights,
good governance and the rule of law in Africa. She finally appealed to the
international community to continue to support the NGO Forum, which, she
said, will no doubt go a long way towards the effective implementation of its
mandate.
28. His Excellency, Honourable Coulibaly Gnenema Mamadou, Minister of
Human Rights and Public Freedoms of Côte d‟Ivoire, applauded the
commitment of the Commissioners and delegates to the cause of human and
peoples‟ rights in Africa. He also expressed delight at hosting the 52nd
Ordinary Session in Côte d‟Ivoire, which was previously sidelined, but that it
is gradually stepping forward to position itself in the international
community.
29. The Minister emphasized that President Alassane Dramane Ouattara‟s
attendance at the Opening Ceremony of the 52nd Ordinary Session is a clear
demonstration of the President‟s commitment to the promotion and
protection of human and peoples‟ rights in Côte d‟Ivoire. He also stated that it
is this commitment that made the President authorize, without hesitation, the
financing and holding of the session in Yamoussoukro.
30. In his Opening Address, His Excellency President Alassane Dramane
Ouattara congratulated the Commission for its relentless efforts towards
6|Page
making human rights a reality on the African continent. He stated that the
return of Côte d‟Ivoire to the Commission, after a decade of absence, has
enabled it to appreciate the enormous work the Commission has achieved in
the field of human rights.
31. The President requested that as the Commission celebrates its 25th
Anniversary, it is necessary that it takes a retrospective look at its
performance, in order to continue on a new footing. He stated that the dignity
and integrity of the human person, without distinction as to race, sex, age,
religion or culture, are amongst the values to be upheld in the 21st century,
and suggested that the respect, protection and enforceability of these
fundamental principles are the responsibility of states and governments as
well as individuals. He further stated that a lot of work still remains to be
done to consecrate human life, as environmental degradation, gender-based
violence, the proliferation of small arms, protracted conflicts, high levels of
illiteracy, poverty, HIV/AIDS and corruption continue to affect the
enjoyment of human rights. He lamented about the situation in Mali and
called on the international community and civil society organizations to
mobilize their efforts to bring an end to this threat in Mali and the entire West
African sub-region. He also appealed to the international community to
respond to the humanitarian crisis in the Sahel region by increasing its
assistance to refugees, displaced persons and other vulnerable groups and
people.
32. With regard to Côte d‟Ivoire, the President informed the Session that the
appalling situation of human rights and public liberties over the years had its
origin in the absence of a genuine policy for protecting human rights and a
general culture of impunity during the decade 2000-2010. These inform his
decision to establish various institutional and legal measures to ensure the
rule of law, fight against impunity and the promotion of a culture of human
rights, including the introduction of human rights and civic education in
schools.
33. The President further stated that his Government has undertaken many legal
reforms, and pledged to honour his commitment to submit its Periodic
Reports to treaty bodies and ensuring the implementation of the African
Charter. He reaffirmed his Government‟s determination to collaborate with
the Commission in its noble mission of promoting and protecting human
rights.
34. His Excellency the President, as Guest of Honour, made the presentation of
the Commission‟s 25th Anniversary Awards for NHRIs and NGOs. The top
7|Page
Award went to the Uganda Human Rights Commission and the Centre for
Human Rights, University of Pretoria as Best African National Human Rights
Institution and Best Civil Society Organisation respectively.
35. His Excellency the Minister of Human Rights and Public Freedoms of Côte
d‟Ivoire, made the presentation of the Commission‟s 25th Anniversary
Awards to seven (7) former Chairpersons of the Commission and two (2)
former Secretaries to the Commission, in recognition of their outstanding
contributions to the work of the Commission.
36. Regarding the situation of human rights in Africa, representatives of the
following States Parties made statements relating to the human rights
situation in their respective countries: Peoples‟ Democratic Republic of
Algeria, Republic of Burkina Faso, Republic of Côte D‟Ivoire, Republic of
Chad, Republic of The Gambia, Arab Republic of Egypt, Republic of Eritrea,
Federal Democratic Republic of Ethiopia, Kingdom of Lesotho, Republic of
Liberia, Republic of Mauritania, Republic of Niger, Republic of South Africa,
Kingdom of Swaziland, Republic of Sudan, Republic of Togo, United
Republic of Tanzania, and Republic of Zimbabwe.
37. Four (4) National Human Rights Institutions (NHRIs) made statements on the
state of human rights in their various countries, being the National Human
Rights Institutions of the Federal Republic of Nigeria, Republic of Kenya,
Republic of Malawi, and Republic of Sierra Leone.
38. A total of sixty seven (67) NGOs enjoying Observer Status with the
Commission also made statements on the human rights situation in Africa.
39. The Commission considered applications for Observer Status from twelve
(12) NGOs and granted the Status to all the twelve (12) NGOs, in accordance
with Resolution ACHPR/Res.33 (XXV) 99 on the Criteria for Granting and
Enjoying Observer Status to Non-Governmental Organisations Working in
the Field of Human and Peoples‟ Rights. These are:
1) AIDS and Rights Alliance for Southern Africa (ARASA);
2) HIAS Refugee Trust of Kenya;
3) African Union for the Blind;
4) The Royal Commonwealth Society for the Blind (Sight Savers);
5) Transformation Resource Center;
6) The West African Bar Association (WABA);
7) African Centre for the Treatment and Rehabilitation of Torture Victims
(ACTV);
8|Page
8) Confédération syndicale Internationale – Afrique (CSI-A);
9) Femina international;
10) Collectif des Associations Contre l‟Impuntité Au Togo;
11) Positive Generation; and
12) CRADLE, The Children Foundation
40. This brings the total number of NGOs with Observer Status with the
Commission to four hundred and forty seven (447).
41. In conformity with Article 62 of the African Charter, the Republic of Côte
d‟Ivoire presented its Initial and Combined Periodic Report (1994 – 2012) to
the Commission.
42. The Commission conducted a five- day colloquium, during which several
presentations were made in the context of reviewing the twenty five (25)
years of the work of the Commission in promoting and protecting human and
peoples‟ rights in Africa. The presentations took the form of interactive
sessions between the Commission and participants highlighted important
recommendations to the Commission and its partners.
43. Members of the Commission presented Reports of the Subsidiary
Mechanisms on the twenty five (25) years of the promotion and protection of
human and peoples‟ rights in Africa. In that regard, participants at the
Session listened and made contributions to the Reports of the following
Commissioners:
a) Special Rapporteur on Refugees, Asylum Seekers, Migrants and
Internally Displaced Persons in Africa;
b)
Special Rapporteur on the Rights of Women in Africa;
c) Special Rapporteur on Human Rights Defenders in Africa;
d) Special Rapporteur on Prisons and Conditions of Detention in
Africa;
e) Special Rapporteur on Freedom of Expression and Access to
Information in Africa;
f)
Chairperson of the Working Group on the Death Penalty in Africa;
g) Chairperson
of
the
Working
Populations/Communities in Africa;
Group
on
Indigenous
h) Chairperson of the Working Group on the Rights of Older Persons
and People with Disabilities in Africa;
9|Page
i) Chairperson of the Working Group on Extractive Industries,
Environment and Human Rights in Africa;
j)
Chairperson of the Working Group on Economic, Social and
Cultural Rights in Africa (ECOSOC);
k) Chairperson of the Working Group on Communications;
l) Chairperson of the Committee for the Prevention of Torture in
Africa; and
m) Chairperson of the Committee on the Protection of the Rights of
People Living with HIV (PLHIV) and those at Risk, Vulnerable to
and Affected by HIV;
44. The Commission examined and adopted the Reports of the Promotion and
Fact-finding missions to the following States Parties:
a) Central African Republic; and
b) Sahrawi Arab Democratic Republic;
45. The Commission considered and adopted the Report of the Secretary to the
Commission which highlighted the achievements of the Commission in the
promotion and protection of human and peoples‟ in Africa between 2008 to
2012 as follows:
Ordinary Sessions conducted –ten (10);
Extra-ordinary Sessions conducted to deal with Communications and
other urgent issues, nine (9);
Promotion Missions, twenty two (22);
Missions of Special Mechanisms, nineteen (19);
Fact-finding Missions, two (2);
State reports considered, twenty-two (22);
Concluding Observations, twenty-one (21);
Resolutions adopted, ninety-seven (97);
Urgent Appeals issued, one hundred and fifty-two (152);
Workshops/Conferences, twelve (12).
46. The Commission further considered and adopted the following Reports of;
a) The Study Group on Freedom of Association; and
b) The Advisory Committee on Budget and Staff Matters;
47. The African Commission considered and adopted the following working
documents;
10 | P a g e
a) A General Comment on Article 14(1)(d) and (e) of the Protocol to the
African Charter on the Rights of Women in Africa; and
b) A Protocol on Older Persons
48. The Commission also adopted its Concluding Observations on the Initial and
Combined Periodic Report of the Republic of Côte d‟Ivoire.
49. The Commission adopted the following Resolutions:
Resolution on the Expansion of the Mandate of the Working Group on
Communications and Modifying its Composition;
Resolution on the Expansion of the Mandate of the Working Group on
the Death Penalty in Africa;
Resolution on the Extension of the Deadline for the Study on Freedom
of Association in Africa;
Resolution on the need to Develop Guidelines on Conditions of Police
Custody and Pretrial Detention in Africa;
Resolution on the need for a Study on the Situation of Women Human
Rights Defenders in Africa;
Resolution on the Ratification of the Protocol to the African Charter on
Human and Peoples‟ Rights on the Establishment of an African Court
on Human and Peoples‟ Rights; and
Resolution on the Right to Adequate Housing and Protection from
Forced Evictions.
50. The Commission considered 80 Communications: it was seized with four (4),
considered one (1) on admissibility, two (2) on the Merits, and 9 were struck
out for lack of diligent prosecution. Sixty four (64) Communications were
deferred to the 53rd Ordinary Session, for various reasons, including time
constraints and lack of response from one or both parties.
51. The Commission adopted its 33rd Activity Report which will be submitted to
the 22nd Ordinary Session of the Executive Council of the AU and the 20th
Summit of the Assembly of Heads of State and Government of the AU, which
are scheduled to take place in January 2013.
11 | P a g e
52. The Commission decided that it will hold its 13th Extra-ordinary Session from
18 to 25 February 2013 in Banjul, The Gambia.
53. The Commission also decided to hold its 53rd Ordinary Session from 9 to 23
April 2013, at a venue to be yet to be decided.
54. The Commission expresses sincere appreciation and profound gratitude to
the Government and people of the Republic Côte d‟Ivoire for the facilities
placed at its disposal, and for the warm welcome and hospitality accorded to
the participants, all of which contributed to the excellent outcome and
successful deliberations of its 52nd Ordinary Session.
55. The closing ceremony of the 52nd Ordinary Session took place on 22 October
2012 in Yamoussoukro, Republic of Côte d‟Ivoire.
56. The Chairperson of the Commission, Honorable Commissioner Catherine
Dupe Atoki, held a Press Conference after the closing ceremony.
Done in Yamoussoukro, Republic of Cote d’Ivoire, on 22 October 2012
12 | P a g e