AFRICAN UNION
UNION AFRICAINE
UNIÃO AFRICANA
Commission Africaine des
Droits de l’Homme & des
Peuples
31 Bijilo Annex Layout, Kombo North District, Western Region, P. O. Box 673, Banjul, The
Gambia
Tel: (220) 4410505 / 4410506; Fax: (220) 4410504
E-mail: au-banjul@africa-union.org; Web www.achpr.org
African Commission on Human &
Peoples’ Rights
35THACTIVITY REPORT OF THE AFRICAN
COMMISSION ON HUMAN AND PEOPLES’ RIGHTS
Submitted in Accordance with
Article 54 of the African Charter on Human and
Peoples’ Rights
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I.
INTRODUCTION
1. The African Commission on Human and Peoples’ Rights (the Commission) has the honour to
present to the Assembly of Heads of State and Government of the African Union (the AU
Assembly), through the Executive Council, the present Activity Report in accordance with
Article 54 of the African Charter on Human and Peoples’ Rights (the African Charter).
2. The Report covers the period between April to October 2013. It is structured as follows:
introduction; activities undertaken by the Commission; State Reporting; Resolutions
adopted by the Commission; protection activities; the human rights situation in Africa;
promotion missions; finances and administration; implementation of Executive Council
decisions and recommendations.
II.
ACTIVITIES OF THE COMMISSION
3. During the period under review, the Commission held the following statutory meetings:
Fourth Meeting of the Bureaux of the Commission and the African Court on Human and
Peoples’ Rights (the African Court), Nairobi, Kenya, 17 July 2013
4. The Commission and the African Court held the Fourth Meeting of their Bureaux on 17 July
2013. This Meeting, between the two Institutions, explored strategies for enhancing their
complementarity, reviewed the progress made so far in the relationship, and also discussed
the Agenda of the ensuing Annual Meeting of the two Institutions.
Second Annual Meeting between the Commission and the African Court, Nairobi, Kenya,
18 to 19 July 2013
5. The annual Joint Meeting between the Commission and the African Court took place
from 18 to 19 July 2013. Among others, it discussed strategies for facilitating the work
of the two Institutions, challenges encountered so far, and the way forward. The Meeting
agreed on modalities for facilitating the implementation of each other‘s mandate, and
ensuring a good working relationship between them. The two Institutions agreed to
request the African Union (AU) to declare 2016, the African Year of Human Rights.
2016 marks a watershed on the continental human rights agenda: 2016 will usher in
the 35th Anniversary of adoption of the African Charter; and the 30th anniversary of the
coming into force of the African Charter; by 2016, the African Court will be marking 10
years of operation, while the Protocol to the African Charter on Human and Peoples’
Rights Establishing the African Court on Human and Peoples’ Rights (the Court
Protocol) will just have celebrated 10 years of its entry into force on 22 January 2006. It
is therefore most befitting that the year 2016 be celebrated and commemorated
appropriately in recognition of the giant steps taken by our continental body on the
human rights front. Attached to this Activity Report, and also to the Activity Report of
the African Court, is a brief raison d'être to this effect.
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The Fourteenth Extra-Ordinary Session (14th EOS) Nairobi, Kenya, 20 to 24 July 2013
6. During the 14th EOS which was convened to deal with the backlog of Communications and
other outstanding matters, the Commission considered and adopted 6 Resolutions and 21
Communications broken down as follows:
(i)
6 on Seizure;
(ii)
8 on Admissibility, of which 7 were declared admissible,
and 1 inadmissible;
(iii) 2 Communications on the Merits.
(iv) 2 Communications on Review; and
(v)
3 Communications were struck out.
54th Ordinary Session (54th OS) Banjul, The Gambia, 22 October – 5 November 2013
7. The opening ceremony of the 54th OS was presided over by Honourable Commissioner
Catherine Dupe Atoki, the outgoing Chairperson of the Commission, while the Session was
declared open by the Attorney General and Minister of Justice of the Republic of The Gambia,
Honourable Justice Mama Fatima Singhateh.
8. Four (4) Commissioners were sworn in during the 54th OS: the newly elected Commissioner,
Honourable Commissioner Lawrence Murugu Mute, and the 3 Commissioners who were reelected during the May 2013 Session of the Assembly of Heads of State and Government of
the AU namely, (Honourable Commissioner Yeung Kam John Yeung Sik Yuen; Honourable
Commissioner Lucy Asuagbor; and Honourable Commissioner Soyata Maiga)
9. A new Bureau was elected; comprising Honourable Commissioner Kayitesi Zainabo Sylvie as
Chairperson of the Commission, and Honourable Commissioner Mohamed Béchir Khalfallah
as Vice-Chairperson.
10. The following Members of the Commission attended the Session: Honourable Commissioner
Kayitesi Zainabo Sylvie; Honourable Commissioner Mohamed Béchir Khalfallah; Honourable
Reine Alapini-Gansou; Honourable Commissioner Med S. K. Kaggwa; Honourable
Commissioner Maya Sahli Fadel; Honourable Commissioner Pacifique Manirakiza;
Honourable Commissioner Lucy Asuagbor; Honourable Commissioner Soyata Maiga;
Honourable Commissioner Yeung Kam John Yeung Sik Yuen; and Honourable Commissioner
Lawrence Murugu Mute. Honourable Commissioner Pansy Tlakula was absent with
apologies.
11. The following Member States attended the Session: Algeria, Angola, Burkina Faso, Cameroon,
Côte d’Ivoire, Djibouti, Equatorial Guinea, Ethiopia, Gabon, The Gambia, Lesotho, Liberia,
Mauritania, Niger, Nigeria, Rwanda, Sahrawi Arab Democratic Republic, Senegal, South
Africa, Sudan, Togo, Uganda, Zambia and Zimbabwe.
12. Five hundred and sixty (560) delegates participated in the Session. Of these, 132
represented Member States, 7 represented AU Organs, 42 represented National Human
Rights Institutions (NHRIs), 14 represented International and Inter-Governmental
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Organizations, 316 represented African and International Non-Governmental
Organisations (NGOs), while 49 represented Press and other observers.
13. Eleven (11) NGOs were granted Observer Status with the Commission.
14. The Commission considered and adopted the Reports of the Promotion Mission to Chad; the
Joint Mission to Tunisia, and the Fact Finding Mission to Mali.
15. The Commission also considered and adopted the following: Report of the Advisory
Committee on Budgetary and Staff Matters; Report on the Execution of the Budget; Report of
the Working Group on Communications; Template for the Report of the Working Group on
Death Penalty, Extra-Judicial, Summary or Arbitrary Killings in Africa; the Communications
Audit; and the Report of the Secretary.
16. Deliberations were also held on the following: Report of the Research and Information
Mission of the Working Group on Indigenous Populations/Communities in Africa to
Tanzania; Report of Women Human Rights Defenders; Report of the Study Group on
Freedom of Association in Africa; General Comments on Article 14 of the Protocol to the
African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (the Maputo
Protocol); and the Paper on Citizenship.
III.
STATE REPORTING
17. As at the 54th OS, the status of submission of Periodic Reports by Member States stands as
follows:
Status
Up to date – 13
State Party
Angola, Cameroon, Cote D’Ivoire, Gabon, Liberia, Malawi, Mozambique, Nigeria,
SADR, Senegal, Sierra Leone, The Sudan, and Uganda.
More than 3 Reports
overdue – 12
Cape Verde, Chad, Egypt, The Gambia, Ghana, Guinea, Lesotho, Mali, Mauritania,
Niger, South Africa, and Swaziland.
Still to ratify the
African Charter
South Sudan
1 Report overdue – 8 Botswana, Burkina Faso, Burundi, DRC, Libya, Namibia, Rwanda and Togo.
2 Reports overdue –7 Algeria, Benin, Congo (Brazzaville), Ethiopia, Madagascar, Mauritius, and Tanzania.
3 Reports overdue –
Central African Republic, Kenya, Seychelles, Tunisia, Zambia and Zimbabwe.
6
Never submitted a
Report – 7
Comoros, Djibouti, Equatorial Guinea, Guinea-Bissau, Sao Tome and Principe,
Somalia and Eritrea.
18. The Commission considered the Periodic Reports of Cameroon and Gabon, and deferred the
adoption of the Concluding Observations on both Reports to a later date, to allow the
Member States to furnish additional information to the Commission.
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19. The Commission commends the following Member States for submitting their outstanding
Periodic Reports for consideration by the Commission: Liberia, Malawi, Mozambique,
Nigeria, SADR, Senegal, Sierra Leone, and Uganda. As conveyed to the respective States, these
Reports will be considered in subsequent Sessions of the Commission.
20. In that regard, the Commission seizes this opportunity to inform Member States that the
Commission has increased the duration of its Public Sessions to 9 Days, to allow adequate
engagement with States in this very important exercise.
21. The Commission uses this opportunity to thank those Member States that have hosted
Sessions of the Commission, and extends appreciation to Angola and Niger for offering to
host the 55th and 56th Ordinary Sessions of the Commission, respectively.
22. The Commission also avails itself of this opportunity to exhort other Member States,
especially those that have never done so, to consider hosting one of the future Sessions of the
Commission – not only to lessen the burden on the Commission’s gracious host country, The
Gambia, but also to join the ranks of that family of nations which have reaped the benefits of
partnering with the Commission in disseminating information and knowledge about the
Commission, its mandate, and its activities.
IV.
RESOLUTIONS
23. The Commission adopted the following Resolutions during the reporting period:
Session
14th EOS
Resolutions adopted
54th OS
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Resolution on the 2013 Elections in Africa;
Resolution on the Human Rights Situation in the Central African
Republic;
Resolution on the Human Rights Situation in the Democratic
Republic of Congo;
Resolution on the Political Situation in the Republic of Mali;
Resolution on the Arab Republic of Egypt; and
Resolution on the Human Rights Situation in the Republic of
Guinea.
A. Resolutions on the Renewal of the Mandate of Special Mechanisms
Special Rapporteur on Prisons and Conditions of Detention in
Africa;
Special Rapporteur on the Rights of Women in Africa;
Special Rapporteur on Refugees, Asylum Seekers, Displaced
Persons and Migrants in Africa;
Special Rapporteur on Freedom of Expression and Access to
Information in Africa;
Special Rapporteur on Human Rights Defenders in Africa;
Working Group on Indigenous Populations/Communities;
Working Group on Older Persons and Persons with Disabilities;
Working Group on the Death Penalty, Extra-Judicial, Summary or
Arbitrary Executions in Africa;
Working Group on Economic and Social Rights;
Working Group on Extractive Industries, Environment and Human
Rights Violations in Africa;
Committee for the Prevention of Torture in Africa;
Working Group on Communications;
Advisory Committee on Budgetary and Staff Matters.
B. Country Resolutions
Resolution Calling on the Republic of Kenya to Implement the
Endorois Decision; and
Resolution on Extra-Judicial Killings and enforced Disappearances
in Mali.
C. Thematic Resolutions
Resolution on Police and Human Rights in Africa;
Resolution on Involuntary Sterilization and the Protection of
Human Rights in Access to HIV Services;
Resolution on Women’s Right to Land and Productive Resources;
Resolution on the Extension of the Deadline for the Study on
Freedom of Association and Assembly in Africa;
Resolution on Prevention of Attacks and Discrimination Against
Persons with Albinism.
V.
PROTECTION ACTIVITIES
24. 89 Communications are currently before the Commission; they were considered as follows :
(a) Communications considered
Session
14th EOS
Communications considered
I. Seizure
Seized:
Communication 444/13 Justice Thomas S. Masuku (Represented by
Lawyers for Human Rights (Swaziland) v Swaziland;
Communication 445/13 - Human Rights Council and Others v Ethiopia;
Communication 446/13 - Jennifer Williams & Others (Represented by
Zimbabwe Lawyers for Human Rights) v Zimbabwe;
Communication 451/13-452/13 - Nenna Obi, Solomon Adekunle, Godwin
Pius, Thankgod Ebhos and All Prisoners on Death Row in Nigeria (Represented
by LEDAP and SERAP ) v Nigeria ; and
Communication 452/13 - Ali Askouri and Abdel-Hakeem Nasr (On behalf of
Persons Affected by the Construction of the Merowe and Kajbar Dams) v
Sudan.
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II. Admissibility
Admissible:
Communication 426/12 - Agnes Uwimana-Nkusi and Sadata Mukakibibi v
Rwanda;
Communication 419/12 - The Indigenous Peoples of the Lower Omo
(Represented by Survival International Charitable Trust) v Ethiopia;
Communication 389/10 - Mbiankeu Genevieve v Cameroon;
Communication 392/10 - Muhayeyezu Théogene v. Rwanda;
Communication 408/11 – Jose Alidor Kabambi Beya Ushiye v DRC; and
Communication 370/09 - Social and Economic Rights Action Centre v
Nigeria.
Inadmissible:
Communication 413/12 - David Mendes (Represented by Centre for Human Rights) v
Angola.
III. Merits
Communication 259/02- Groupe de Travail sur les Dossiers Judiciaires
Stratégiques v DRC ; and
Communication 320/06- Pierre Mamboundou v Gabon.
IV.
Communication Struck Out for Want of Diligent Prosecution
Communication 374/09 –
v Seychelles
Morin Family (Represented by Small Island Institute)
V. Communications Reviewed
Communication 331/06 (R) - Kamanakao Association, Reteng & Minority
Rights Group v Botswana; and
Communication 375/09 (R) - Priscila Njeri Echaria v v Kenya
54th OS
I.
Seizure
(a) Seized:
Communication 453/13 – Roseline Emma Rasolovoahangy v Madagascar;
Communication 454/13 – Nde Ningo v Cameroon;
Communication 455/13 – Abubaker Ahmed Mohamed et al v Ethiopia;
Communication 456/13 – Emmanuel Joseph Uko v South Africa;
Communication 458/13 – Peter Odiwuor Ngoge v Kenya; and
Communication 459/13 – Devendranath Hurman v Mauritius.
(b) Not seized
Communication 457/13-Pastor Key Mwandi v DRC
II. Admissibility
Admissible :
Communication 354/07 - Mohamed Khairat Al-Shatir and Others v
Egypt;
Communication 398/11 - IHRDA and Congolese Human Rights
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Observatory v Congo;
Communication 401/11 - Hawa Abdallah (Represented by African
Center for Justice and Peace Studies) v Sudan; and
Communication 424/12 - Samira Ibrahim Mohamed Mahmoud
and Rasha Ali Abdel-Rahman (Represented by the Egyptian
Initiative for Personal Rights and INTERIGHT) v Egypt.
Inadmissible:
Communication 280/03 - Nzuzi Phutuka v DRC.
III. Merits
Communication 274/03 & 282/03 – INTERIGHTS, ASADHO
and Advocate O. Disu v DRC;
Communication 328/06 - Front for the Liberation of the State
of Cabinda v Angola;
Communication 368/09 - Abdelhadi Ali Radi and Others v
Sudan; and
Communication 409/12 - Luke Munyandu Tembani and
Benjamin John Freeth (Represented by Norman Tjombe) v
Zimbabwe and 13 Others.
IV.
Oral Hearing
Communication 383/10: Al-Assad v Djibouti
V. Communication for Re-listing
Communication 290/04: Open Society Justice Initiative v Cameroon.
VI.
Follow-up on Implementation
Communication 323/06: Egyptian Initiative for Personal Rights and INTERIGHTS v
Egypt.
VII. Communication with Request for Change of Name
Communication 429/12: The Ngambela of Barotseland and Others v Zambia.
VIII.
Communication with request for amicable settlement
Communication 389/10: Mbiankeu Geneviere v Cameroon
25. The above tables show that during the 6 months between April and October 2013 alone:
•
•
•
•
•
•
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11 new Communications were seized;
1 Complaint was not seized;
12 decisions were adopted at admissibility level -10 were declared admissible, and 2
inadmissible;
6 decisions were adopted at merits level;
2 Communications were reviewed;
1 Communication was re-listed;
•
•
•
•
1 Communication was struck out for lack of diligent prosecution;
A request for amicable settlement was considered in 1 Communication;
A request for change of name was considered in 1 Communication; and
An oral hearing was held in 1 Communication.
26. The Commission also seizes this opportunity to inform the honourable Council of the adoption
of Communication 334/06 - Egyptian Initiative for Personal Rights and Interights v Arab
Republic of Egypt which was adopted by the Commission during its 9th Extra-Ordinary Session.
(b) Implementation of the Commission’s Decisions
27. With regards to Communication 419/12 - The Indigenous Peoples of the Lower Omo
(Represented by Survival International Charitable Trust) v Ethiopia, the Commission issued
an Order against the State, requesting the latter to adopt Provisional Measures to prevent
irreparable harm being caused to the victim of alleged human rights violations; the State has not
respected that Order.
VII. THE HUMAN RIGHTS SITUATION IN AFRICA
28. The human rights situation on the continent continues to show both positive developments, as
well as issues of concern as follows:
(a) Positive developments
i)
ii)
iii)
iv)
v)
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Cameroon’s implementation of the Commission’s decision in Communication
272/03 Association of Victims of Post Electoral Violence & INTERIGHTS v
Cameroon, and paying compensation to the victims for the prejudice they
suffered during the post-electoral violence of 1992 in the North West Region,
headquartered in Bamenda, Cameroon;
Signature by Cote D’Ivoire of the declaration under Article 34(6) of the
Protocol to the African Charter on Human and Peoples’ Rights on the
Establishment of an African Court on Human and Peoples’ Rights (the Court
Protocol) on 31 July 2013, making it the 7th Member State to make the
declaration in addition to Burkina Faso, Ghana, Mali, Malawi, Rwanda, and
Tanzania;
The number of Member States complying with Article 62 of the African
Charter and submitting their Periodic Reports to the Commission has
increased significantly;
Increased human rights related interventions at the national level by
Member States, such as: Cote Ivoire’s adoption of a Bill, in September 2013, to
promote and protect the rights of human rights defenders; and Ethiopia’s
adoption of a three year Human Rights Action Plan for the period 2013-2015
to promote and protect human rights in Ethiopia;
Lesotho’s National Disability Policy which recognises that persons with
disabilities should have equal access to education, training, employment,
health and other aspects of life;
vi)
vii)
viii)
ix)
x)
xi)
xii)
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Increasing recognition of the relevance of regional and international human
rights instruments to the national context, as reflected in Nigeria’s Gender
and Equal Opportunities Bill 2010/13 to domesticate the Maputo Protocol;
and Guinea Bissau’s accession to the Second Optional Protocol to the
International Covenant on Civil and Political Rights on 24 September 2013;
The decision of the Kenyan High Court on 26 July 2013, which quashed a
Government plan to move 55,000 mostly Somali refugees from Nairobi and
other cities to camps on the basis that relocation would violate the right of
the refugees to dignity, free movement, and would also be tantamount to
indirectly forcing them back to Somalia;
Increased recognition of the need to protect the rights of children in many
Member States, for example: South Africa’s fight against substance abuse, and
its comprehensive National Plan of Action for Children (2012-2017), to
guide all Government departments, civil society and other partners on how to
address children’s issues; Senegal’s Plan of Action adopted on 5 June 2013
with a view to eradicate all forms of child labor in Senegal before 2016;
Lesotho’s campaigns to disseminate the Education (Amendment) Act of 2010
and the new curriculum for schools which include components of human
rights issues affecting children; and adoption by the Executive Council of the
Federation in Nigeria, of a Draft National Policy on Child Labor on 11
September 2013, to address the challenges faced by over 6 million Nigerian
children involved in child labor;
Efforts by some Member States to promote freedom of expression, press
freedom and freedom of information, including Sierra Leone’s adoption of a
Freedom of Information Law on 29 October 2013; and the Draft Media Law of
Somalia of 11 July 2013, which includes proclamations on media freedom and
safeguards for transparency in media ownership;
Progress by some Member States in the health sector, such as: measures
taken by Nigeria to reduce infant and maternal mortality rate through
establishment of primary health-care clinics across Nigeria; the deployment
of a greater number of skilled health-care professionals to rural areas, and
payment of allowances to pregnant women as incentives to register for antenatal care; and provision of free medical services to all under 5 years and
over 65 years of age in Zimbabwe;
Significant progress in the area of HIV/AIDS, notably: the reduction of the
prevalence of HIV/AIDs in Senegal to 1 %; Angola’s National Health Policy on
Universal Access to primary healthcare to eradicate mother to child
transmission of HIV/AIDs; provision of free HIV testing and counseling
services in Zimbabwe; strategies by the Government and CSOs to fight
against HIV/AIDs in Uganda; Cameroon’s Strategic Plan on HIV/AIDs with the
objective to eliminate mother to child transmission by intensifying
prevention; and the promulgation of progressive HIV/AIDs-friendly
legislative frameworks to protect people living with HIV/AIDs;
Efforts to improve conditions in prisons and other places of detention and to
build the capacity of prison officials in international human rights norms and
standards, such as the adoption by Burkina Faso of regulations to combat
xiii)
xiv)
torture and strategies to improve conditions of detention in the country;
Stepping up of efforts to address gender discrimination and promote the
rights of women in many Member States, including public awareness
campaigns in Angola to combat domestic violence and promote women’s
participation in public life; and the Enactment of Law No. 3/ 2013 of June
2013, amending the Nationality Code of Senegal to allow women to pass on
nationality to children conceived from marriages with non-nationals; and
increase in the representation of women in political and decision-making
positions in Rwanda;
Senegal’s launching of a National Family Security Grants Programme to fight
against poverty and promote economic, social, and cultural rights; and
Holding of peaceful, free and fair presidential and parliamentary elections in
Cameroon, Guinea, Madagascar, Mali, Rwanda, Swaziland and Zimbabwe, as
well as the adoption of a new Constitution by Zimbabwe in May 2013 which,
amongst other things, paved the way for the peaceful elections in July 2013.
(b)Areas of concern
i)
ii)
iii)
iv)
v)
vi)
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Lack of political will by some Member States to implement the
recommendations and decisions of the Commission, to respond to urgent
appeals from Members of the Commission, to comply with Provisional
Measures issued by the Commission; and delays by Parties to
Communications in making submissions to the Commission;
The continued existence in some Member States of laws that criminalize
certain types of speech, which are used to punish legitimate critical self expression; as well as violence against human rights defenders, journalists
and other media practitioners, including torture, ill-treatment, arbitrary
arrests and detention, forced disappearances, murder and intimidation;
Adoption by some Member States of approaches to HIV/AIDs such as forced
sterilization of women living with HIV/AIDs and punitive measures which
hinder HIV prevention and protection of people living with HIV/AIDs;
Continuing challenges in the area of corrective justice in some countries, with
overcrowding in prisons, poor conditions of detention and rehabilitation
facilities; use of incarceration as the first, rather than the last resort
regardless of the nature of the crime; not enough use of alternative sentences
such as community services; poor treatment of juveniles, use of torture and
lack of independent policing oversight mechanisms where individuals can
report police misconduct and abuse of police powers and get redress;
Only 26 Member States have ratified the Court Protocol, while only 7 have
made the declaration under Article 34(6) allowing individuals and NGOs
direct access to the African Court;
Acts of terrorism, sectarian violence and civil conflicts in some Member
States, resulting in mass internal displacements as well as refugee situations,
with their disproportionate impact on women, children, older persons and
people with disabilities;
vii)
viii)
ix)
x)
xi)
xii)
xiii)
xiv)
Persons with disabilities, and people with albinism continue to experience
prejudice in some countries, again with a disproportionate toll on women
with disabilities and/or albinism;
Deepening levels of poverty which result in child labour as well as flows of
migrants from the continent to Europe in search of better lives, resulting in
incidents such as the loss of life of over 300 migrants on 3 October 2013 in a
boat accident on Lampedusa Island;
10 years after the adoption of the Maputo Protocol, only 36 Member States
have ratified it;
Periodic Reports submitted by Member States in terms of Article 62 of the
African Charter do not comply with either the Commission’s Guidelines for
reporting under the Maputo Protocol or the Commission’s Principles and
Guidelines on the Implementation of Economic, Social and Cultural Rights in
the African Charter;
Female genital mutilation (FGM) and other traditional cultural/harmful
practices are still continuing;
Appropriation of land by extractive industries without free, prior and
informed consent or adequate compensation to the affected populations;
Increasing usage and implementation of the death sentence in some Member
States, such as the execution of 4 prisoners (Chima Ejiofor, Daniel Nsofor,
Osarenmwinda Aiguokhan and Richard Igagu) on death row in Benin City, Edo
State Nigeria, on 24 June 2013; and
Inappropriate approaches to dealing with mental illness in some Member
States, such as incarcerating patients, instead of treating them, and their
continued stigmatization through the use of derogatory terminology like
‘lunatics’ and ‘idiots’.
VIII. PROMOTION MISSION
29. As part of the Commission’s promotion mandate under Article 45 of the African Charter, the
Commission undertook joint human rights Promotion Mission to Uganda from 26 to 30
August 2013, while Gabon and Seychelles have authorized Promotion Missions by the
Commission in January 2014. The Commission commends these Member States and also
exhorts those to whom requests have been extended to kindly positively authorize the
undertaking of the proposed Mission.
IX. FINANCES AND ADMINISTRATION
(a) Staffing
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30. The staffing situation at the Commission’s Secretariat continues to be a great cause for
concern; especially since recruitment exercise has not been expedited enough to bring on
board the critically needed staff.
(b)Funding
31. It is noteworthy that, while a budget of US $ 8,488,770.00 was approved for the Commission
for 2013 (an Operational Budget of US$ 3, 882,000.00 and a Programs Budget of US$ 4,
606,770.00), actually no AU funds at all were allocated to the program activities of the
Commission for the 2013 fiscal year, which means that these activities must exclusively be
funded from external sources. This is an untenable and unacceptable situation. The
Commission therefore calls for adequate operational as well as programs budget to enable it
effectively execute the mandate entrusted to it.
X. IMPLEMENTATIONOF EXECUTIVE COUNCIL DECISIONS
(a) Mission to Northern Mali
32. It will be recalled that the Solemn Declaration on the Situation in Mali, adopted by the
Assembly during its 19th Ordinary Session, called on the Commission to investigate the
human rights situation in Northern Mali, including the atrocities committed against the
Malian military and their families in Aguel'hoc in January 2012, and to submit a
comprehensive Report to the Executive Council, together with concrete recommendations
on the way forward. The Fact-finding mission was undertaken from 3 to 7 June 2013, and the
Report of the mission, which was adopted by the Commission during its 54th OS, has been
forwarded to the AUC for inscription on the Agenda of this Session of the Council.
(b) African-led International Support Mission to Mali
33.
In line with the request of the Assembly during its 20th Ordinary Session that the Commission
be part of the African-Led International Support Mission to Mali (AFISMA), a member of the
Commission is leading the human rights monitoring team that has been deployed to Mali since
April 2013, as part of AFISMA, now the African Union Mission for Mali and the Sahel Region
(MISAHEL).
(c) Insurance cover and emoluments for Commissioners
34.
The Commission held discussions with a team from the AUC Medical Services during its 53rd
OS and again during the 14th EOS, on the modalities of providing insurance cover for
Commissioners. It is hoped that this will be finalised soon, especially as members of the
Commission are increasingly being called upon by the AU Policy Organs to undertake missions
in some of the more volatile parts of the continent.
35. The matter of the emoluments of members of the Commission is also still outstanding; and it
is hoped that this will be finalised soon, in line with the Executive Council and Assembly
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XI.
decisions on the matter. Given how long this matter has been outstanding, it is proposed
that in the meantime, the Commission be permitted to implement the applicable provisions
of Executive Council Decision EX.CL/351 (XI) with regards to sitting allowances, within the
confines of the budget already approved for the Commission for 2014.
RECOMMENDATIONS
36. Having regard to the foregoing, the Commission recommends as follows:
To State Parties:
i)
ii)
iii)
iv)
v)
vi)
vii)
Ratify the Court Protocol and make the declaration required under Article 34 (6) of
the Court Protocol;
Sign, ratify, domesticate and implement regional and international human rights
instruments;
Comply with obligations under Article 62 of the African Charter by presenting
reports regularly, in compliance with the Commission’s Guidelines for Reporting
under the Maputo Protocol as well as the Commission’s Principles and Guidelines
on the Implementation of Economic, Social and Cultural Rights in the African
Charter.
Respect timeframes with respect to submissions on Admissibility and Merits, in
accordance with the Rules of Procedure of the Commission, to enable the
Commission dispose of Communications in time;
Implement and report on the measures taken with regard to the Commission’s
decisions on Communications; comply with Provisional Measures issued by the
Commission and its Subsidiary Mechanisms; and agree to requests by the
Commission and its Subsidiary Mechanisms to undertake country visits;
Consider hosting one of the Sessions of the Commission; and
Those Member States which have not yet done so, to observe a moratorium
on the death penalty in line with the Resolutions of the Commission, while
States already observing the Moratorium should take necessary steps to
abolish the death penalty.
To the Republic of South Sudan:
Ratify the African Charter.
To the AUC:
i) Concretize insurance coverage for Members of the Commission, including those who
reside outside Vanbreda’s current geographical coverage; and
ii) Finalize the harmonization of emoluments for elected officials.
To the Executive Council:
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i) Increase, both in material and financial terms, support to the Commission to enable it to
carry out its work effectively;
ii) Call upon the AUC to expedite the harmonization of the remuneration of elected
officials of AU Organs, in line with Executive Council Decision Ext/EX.CL/Dec.1(XIII);
and
iii) Authorise the Commission to implement the applicable provisions of Executive
Council Decision Ex.CL/351(XI) within the confines of the budget already
approved for the Commission for 2014.
To the Assembly of Heads of State and Government:
i) Ensure implementation of and compliance with decisions of the Commission;
ii) Take note of non-compliance by some Member States with Provisional Measures issued
by the Commission and the African Court;
iii) Request the Commission and the African Court to submit a Concept a Note to the AU
Policy Organs with a view to having 2016 declared the African Year of Human Rights;
and
iv) Declare 2016, the African Year of Human Rights.
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