AFRICAN UNION
UNION AFRICAINE
UNIÃO AFRICANA
African Commission on Human & Peoples’
Rights
Commission Africaine des Droits de l’Homme & des
Peuples
31 Bijilo Annex Layout, Kombo North District, Western Region, P. O. Box 673, Banjul, The Gambia
Tel: (220) 4410505 / 4410506; Fax: (220) 4410504 E-mail: au-banjul@africa-union.org; Web: www.achpr.org
38TH ACTIVITY REPORT OF THE AFRICAN COMMISSION ON HUMAN
AND PEOPLES’ RIGHTS
Submitted in Accordance with
Article 54 of the African Charter on Human and Peoples’ Rights
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I.
INTRODUCTION
1. This 38th Activity Report of the African Commission on Human and Peoples’
Rights (the Commission), which is presented in accordance with Article 54 of the
African Charter on Human and Peoples’ Rights (the African Charter), covers the
period between 01 January and 07 May 2015, when the 56th Ordinary Session
(Session) of the Commission during which this Report was adopted, closed. It
highlights, among others: the statutory meetings of the Commission; the status of
State reporting; Resolutions adopted by the Commission; the human rights
complaints before the Commission; Urgent Appeal letters; inter-session activities
of Commissioners; the human rights situation on the continent; financial, staffing
and operational matters; implementation of Executive Council decisions; as well
as the Recommendations of the Commission.
II.
STATUTORY MEETINGS
2. Two statutory meetings were held during the reporting period namely: the 17 th
Extra-Ordinary Session (EOS), which took place from 19 to 28 February 2015, in
Banjul, The Gambia; and the Session, which took place from 21 April to 07 May
2015, in Banjul, The Gambia.
a) 17th Extra-Ordinary Session - Banjul, The Gambia, 19 to 28 February 2015
3. During the 17th EOS, the Commission adopted nine (9) Resolutions and
considered forty-seven (47) Communications, as elaborated in paragraphs 26
and 27 hereinafter respectively. Additionally, the Commission provided
direction on nineteen (19) Communications on which the Secretariat had sought
guidance.
4. The Commission also adopted its Strategic Plan (2015 - 2019), in addition to the
Concluding Observations on the Periodic Reports of the Republic of Liberia and
the Republic of Mozambique.
b) 56th Ordinary Session - Banjul, The Gambia, 21 April to 07 May 2015
5. Six hundred and eighteen (618) delegates participated in the Session: one
hundred and seventy-five (175) representing thirty two (32) Member States; nine
(9) representing AU Organs; forty three (43) representing National Human
Rights Institutions (NHRIs); seventeen (17) representing International and InterGovernmental Organizations; three hundred and four (304) representing African
and International Non-Governmental Organisations (NGOs); and seventy (70)
representing other observers and the Press.
6. The Attorney General and Minister of Justice of the Republic of The Gambia,
Honourable Justice Mama Fatima Singhateh, opened the 56th Session, while the
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Chairperson of the Commission, Honourable Commissioner Kayitesi Zainabo
Sylvie, presided over the proceedings of the Session.
7. In addition to the Chairperson and the Vice-Chairperson, Honourable Béchir
Khalfallah, the following members of the Commission attended the Session:
Honourable Commissioner Reine Alapini Gansou; Honourable Commissioner
Faith Pansy Tlakula; Honourable Commissioner Soyata Maiga; Honourable
Commissioner Lucy Asuagbor; Honourable Commissioner Med S. K. Kaggwa;
Honourable Commissioner Maya Sahli-Fadel; Honourable Commissioner
Pacifique Manirakiza; and Honourable Commissioner Lawrence Murugu Mute.
Honourable Commissioner Yeung Kam John Yeung Sik Yuen was absent with
apologies.
8. The following State Parties attended the Session: Algeria; Angola; Botswana;
Burkina Faso; Burundi; Cameroon; Chad; Cote d’Ivoire; Democratic Republic of
Congo (DRC); Djibouti; Egypt; Eritrea; Ethiopia; The Gambia; Guinea Bissau;
Guinea Conakry; Equatorial Guinea; Kenya; Libya; Malawi; Mauritania;
Namibia; Niger; Nigeria; Rwanda; Sahrawi Arab Democratic Republic (SADR);
Senegal; South Africa; The Sudan; Swaziland; Togo; and Uganda.
9. The Secretary of State of Human Rights of the Republic of Angola, Mr. Antonio
Benito Bemba, made a statement on behalf of African Union Member States
during the Opening Ceremony of the Session.
10. Of the thirty two (32) States in attendance, the following twenty (20) State Parties
made statements on the human rights situation in their respective countries:
Mauritania; Algeria; Malawi; Burkina Faso; Togo; Rwanda; Egypt; DRC; SADR;
Kenya; Ethiopia; Namibia; Angola; Nigeria; Guinea Bissau; South Africa;
Swaziland; Chad; Eritrea; and Guinea Conakry.
11. The Commission notes with appreciation the high level representation of some of
the State delegations, and in this regard wishes to commend, in particular,
Angola, DRC, Mauritania, Malawi, Niger, Uganda and the Kingdom of
Swaziland for sending delegations at Ministerial level.
12. Statements on the human rights situations in various State Parties were also
made by representatives from eight (8) NHRIs and forty-one (41) NGOs, which
have affiliate and observer status with the Commission respectively.
13. The following State Parties exercised their right to reply with regards to
statements made concerning the human rights situation in their respective
countries: Egypt; Ethiopia; Swaziland; DRC; The Gambia; Mauritania; Kenya;
Djibouti; SADR; Algeria; Niger; Cameroon; and Nigeria.
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14. During the Session, two (2) NHRIs were granted Affiliate Status with the
Commission bringing the total number of NHRIs with Affiliate status to twenty
four (24); seven (7) NGOs were granted Observer Status, bringing the total
number of NGOs with observer status to four hundred and eighty five (485).
15. During the Session, the Commission officially launched the following: the
General Comment No. 2 on Article 14.1 (a), (b), (c) and (f) and Article 14. 2 (a)
and (c) of the Protocol to the African Charter on Human and Peoples’ Rights on
the Rights of Women in Africa (the Maputo Protocol); the Study on the Situation
of Women Human Rights Defenders in Africa; the Report of the Study Group on
Freedom of Association in Africa; the Guidelines on the Conditions of Arrest,
Police Custody and Pre-Trial Detention in Africa; and the Study on the Right to
Nationality.
16. The Commission considered and adopted the following: the Work Plan of the
Commission (January to December 2015); the Principles and Guidelines on
Human and Peoples’ Rights while Countering Terrorism; the Draft Protocol to
the African Charter on Human and Peoples’ Rights on the Abolition of the Death
Penalty in Africa; the Report of the Working Group on Communications; the
Report of the Advisory Committee on Budgetary and Staff Matters; and the
Report of the Secretary to the Commission.
17. During the 56th OS, the Commission adopted three (3) Resolutions and
considered twenty-five (25) Communications, with an additional thirteen (13)
deferred at the Seizure stage, as elaborated in paragraphs 26 and 27 hereinafter
respectively. The Commission further considered and provided guidance on
thirteen (13) issues/questions pertaining to its Communications Procedure.
18. Additionally, the Commission made Statements on the following matters: the
Situation of Human Rights in Burundi in the Upcoming Presidential Elections;
the Deteriorating Situation of Migrants in the Mediterranean Sea; and the Attacks
Perpetrated by the Terrorist Group Boko Haram Against a Nigerien Military
Contingent on Saturday, 25 April 2015.
19. While expressing appreciation to the Republic of The Gambia for hosting the 56 th
OS, the Commission urges other State Parties to consider hosting one of the
Sessions of the Commission.
III.
STATE REPORTING
20. During the Session, the Commission considered the following State Reports: the
Initial and Combined Report of the Republic of Djibouti; the Fifth and Combined
Report of the Federal Democratic Republic of Ethiopia; the Initial and Combined
Report of the Republic of Malawi; the Second and Combined Report of the
Republic of Niger; the Fifth Periodic Report of the Federal Republic of Nigeria;
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the Eighth and Combined Report of the Republic of Senegal; and the Fifth
Periodic Report of the Republic of Uganda.
21. The Commission notes with appreciation the diversity of some of the State
delegations, which included, inter alia, representatives from various Ministries,
Members of Parliament and National Human Rights Institutions. The
Commission commends the fact that the Reports of the following countries were
presented by Ministers: Malawi, Niger, and Uganda.
22. The Commission further notes with appreciation the gender representation in the
delegations which presented the Reports of Djibouti, Malawi, Niger, Nigeria,
Senegal, and Uganda.
23. Additionally, the Commission notes and congratulates Malawi for being the first
State Party to fulfil its reporting obligations in accordance with Article 26 of the
Protocol to the African Charter on Human and Peoples’ Rights on the Rights of
Women in Africa.
24. The Commission reiterates its call on South Sudan to ratify the African Charter,
so as to return to its previous record of 100% ratification, before South Sudan’s
birth as Africa’s newest nation State.
25. The status of submission of Periodic Reports to the Commission by Member
States as at the 56th Session stands as follows:
Status
State Party
1 Report overdue: 7
2 Reports overdue: 6
3 Reports overdue: 6
More than 3 Reports
overdue: 13
Never submitted a
Report: 6
Gabon; Liberia; Mozambique; SADR; Djibouti; Ethiopia; Malawi; Niger;
Nigeria; Senegal; Uganda.
Burundi; Cameroun; Cote d’Ivoire; Libya; Namibia; The Sudan; Togo.
Angola; Botswana; Congo Brazzaville; DRC; Mauritius; Rwanda.
Benin; Madagascar; Tanzania; Tunisia; Zambia; Zimbabwe.
Cape Verde; CAR; Chad; Egypt; The Gambia; Ghana; Guinea; Lesotho;
Mali; Mauritania; Seychelles; South Africa; Swaziland.
Comoros; Equatorial Guinea; Eritrea; Guinea Bissau; Sao Tome &
Principe; Somalia.
Report with the
Commission for
consideration: 4
Up to date: 11
IV.
Algeria; Burkina Faso; Kenya; Sierra Leone.
RESOLUTIONS ADOPTED BY THE COMMISSION
26. The Commission adopted the following Resolutions during the reporting period:
Session
17th EOS
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Resolution adopted
Resolution on 2015 Elections in Africa;
Resolution on the Human Rights situation in the Republic of The Gambia;
56th OS
V.
Resolution on the Human Rights Situation in the Federal Republic of
Nigeria;
Resolution on the Nomination of Expert Members of the Working Group
on Economic, Social and Cultural Rights in Africa;
Resolution on the Right to Water Obligations;
Resolution on the World Bank’s Draft Environmental and Social Policy
(ESP) and Associated Environmental and Social Standard (ESS);
Resolution on the Deteriorating Human Rights Situation in the Arab
Republic of Egypt;
Resolution on the Governance of the Commission and its Secretariat;
Resolution on the Meetings of the Working Group on Communications.
Resolution Condemning the Xenophobic Attacks in the Republic of South
Africa;
Resolution on Terrorist Acts in the Republic of Kenya;
Resolution on the Right to Rehabilitation for Victims of Torture.
HUMAN RIGHTS COMPLAINTS BEFORE THE COMMISSION
a) Communications considered
27. One hundred and fifty (150) Communications are currently before the
Commission and another twenty-four (24) complaints are awaiting
consideration. The following Communications were considered during the
reporting period:
Session
17th EOS
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Communication – Name, Phase
I. Seizure
a) Seized
Communication 478/14: Djibouti v. Eritrea;
Communication 479/14: Palestine Solidarity Alliance and 5 Others v. Egypt;
Communication 480/14: Senate Masupha & Others v. The Kingdom of
Lesotho;
Communication 481/14: Peter Odiwuor Ngoge, John Gakure Karuri & 148
Other Former Employees of Dawa Pharmaceuticals Limited v. Kenya;
Communication 482/14: Peter Odiwuor Ngoge & Frederick Wamalwa v.
Kenya;
Communication 483/14: Peter Odiwuor Ngoge & Harrison Uwuor Okumu v.
Kenya;
Communication 484/14: Peter Odiwuor Ngoge & Francis Anyango Juma v.
Kenya;
Communication 485/14: Peter Odiwuor Ngoge v. Kenya;
Communication 486/14: Peter Odiwuor Ngoge and 6 Others v. Kenya;
Communication 487/14: Peter Odiwuor Ngoge and Peter Nganga v. Kenya;
Communication 488/14: Peter Odiwuor Ngoge v. Kenya;
Communication 489/14: Peter Odiwuor Ngoge and Francis Gichuki Macharia
v. Kenya;
Communication 490/14: Ngoge v. Kenya;
Communication 491/14: Ngoge v. Kenya;
Communication 492/14: Ngoge v. Kenya;
Communication 493/14: Ngoge v. Kenya;
Communication 494/14: Ngoge v. Kenya;
Communication 495/14: Ngoge v. Kenya;
Communication 496/14: Ngoge v. Kenya;
Communication 497/14: Ngoge v. Kenya;
Communication 498/14: Ngoge v. Kenya;
Communication 499/14: Abongwa Chambers on Behalf of 480 Members of
the Social Democratic Front v. Cameroun;
Communication 500/14: Gérard Salamiate v. Congo;
Communication 501/14: Ibrahim Halawa and 493 Others v. Egypt;
Communication 502/14: S.A (Complainant Requested for Anonymity) v.
DRC;
Communication 503/14: Hassan Cher Harad v. Djibouti;
Communication 504/14: Peter Odiwuor Ngoge v. Kenya;
Communication 505/14: Tamine Abdellah v. Algeria;
Communication 506/15: Mr. Gouamba Ninon Pachel v. Congo;
Communication 507/15: Andargachew Tsege and Yemsrach Hailemariam
(Represented by Reprieve and REDRESS) v. Ethiopia;
Communication 511/15: Dr. Amin Mekki Medani and Mr. Faroq Abu Elissa
(Represented by FIDH, ACJPS, OMCT & Redress) v. Sudan;
Communication 512/15: Mahmoud Ramadan Abdel-Naby and 57 Others v.
Egypt.
b) Provisional Measures Issued
Communication 455/13: Abubakkar Ahmed Mohamed and 28 Others
(Represented by X and Y) v. Ethiopia, sent on 09 March 2015;
Communication 501/15: Ibrahima Halawa and 493 Others v. Egypt, sent on
04 March 2015;
Communication 507/15: Andargachew Tsege and Yemsrach Hailemariam
(Represented by Reprive and REDRESS) v. Ethiopia, sent on 13 March 2015;
Communication 511/15: Dr. Amin Mekki Medani and Farouq Abu Eissa
(Represented by FIDH, ACJPS, OMCT & REDRESS) v. Sudan, sent on 16
March 2015;
Communication 512/15: Mahmoud Hassan Ramadan Abdel-Naby and 57
Others v. Egypt, sent on 26 February 2015.
II. Admissibility
a. Admissible
Communication 412/12: Journal Echos du Nord v. Gabon;
Communication 433/12: Albert Ngandu v. DRC.
b. Inadmissible
Communication 410/12: Le Congrès pour la Démocratie et la Justice (CDJ) v.
Gabon.
c. Deferred
Communication 445/13: Human Rights Council and Others v. Ethiopia
Communication 464/14: Uhuru Kenyatta and William Ruto (Represented by
Innocence Project Africa) v. Kenya.
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III. Merits
Communication 317/2006: The Nubian Community in Kenya v. Kenya;
Communication 318/06: Open Society Justice Initiative v. Côte d’Ivoire;
Communication 401/11: Hawa Abdallah (Represented by African Center for
Justice and Peace Studies) v. Sudan.
56th OS
IV. Struck Out
Communication 387/10: Kofi Yamgnane v. Togo.
I. Seizure
Communication 508/15: Peter Odiwuor Ngoge and Roselyn Ayoti and 242
Former Employees of Unilever v. Kenya;
Communication 509/15: Peter Odiwuor Ngoge and Sum Model Industries v.
Kenya
Communication 510/15: Abdel Moneem Adam Mohammed (Represented by
REDRESS, ACJPS and EHAHRDP) v. Sudan;
Communication 513/15: Peter Odiwuor Ngoge & 7 Others v. Kenya;
Communication 514/15: Peter Ngoge and Sum Model Industries Limited v.
Kenya;
Communication 515/15: Peter Odiwuor Ngoge v. Kenya;
Communication 517/15: Peter Odiwuor Ngoge v. Kenya;
Communication 518/15: Peter Ngoge v. Kenya;
Communication 519/15: Peter Ngoge and Mohammed Musa v. Kenya;
Communication 520/15: Peter Odiwuor Ngoge v. Kenya;
Communication 521/15: Peter Ngoge v. Kenya;
Communication 522/15: Peter Odiwuor Ngoge v. Kenya;
Communication 523/15: Peter Ngoge & 3 Others v. Kenya;
Communication 526/15: Peter Ngoge and Damaris Wangui Ngugi v. Kenya;
Communication 529/15: 22 Deputés v. Burundi;
Communication 530/15: Ngoge v. Kenya;
Communication 531/15: Peter Ngoge v. Kenya;
Communication 532/15: Peter Ngoge v. Kenya;
Communication 533/15: Ngoge and 2 Others v. Kenya;
Communication 534/15: Peter Ngoge, Mohammed Musa & 5,3782 Others v.
Kenya;
Communication 536/15: Peter Ngoge & Peter Nganga v. Kenya;
Communication 537/15: Peter Ngoge & Frederick Wamalwa v. Kenya;
Communication 538/15: Peter Ngoge v. Kenya.
II. Merits
Communication 389/10: Mbiankeu v. Cameroon.
III. Deferred
Communication 355/07: Hossam Ezzat and Rania Enayet v. Egypt;
Thirteen (13) Complaints against Egypt were deferred pending receipt of
additional information.
IV. Oral Hearing
Communication 467/14: 529 Persons Sentenced to Death (Represented by
Freedom and Justice Party of Egypt) v. Egypt.
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28.
In addition, during the inter-session period between the 17th EOS and the 56th
OS, the Commission was seized of Communication 563/15 - Mohammed
Bakri Mohammed Harun and 7 Others v. the Arab Republic of Egypt and
issued Provisional Measures thereon, on 16 April 2015.
29.
The foregoing shows that during the period between January and May 2015:
The Commission was seized of fifty-seven (57) Communications;
Four (4) Communications were considered and decided at admissibility level
- two (2) were declared admissible, one (1) inadmissible and one (1) deferred
pending receipt of additional information;
Six (6) Communications were considered and decided at merits level;
One (1) Communication was struck out for want of diligent prosecution;
The Commission provided guidance on thirty-two (32) Communications on
which the Secretariat had sought guidance.
b) Implementation of the Commission’s Decisions
30. The Commission would like to indicate that during the reporting period it was
informed by the Republic of Kenya of a Taskforce established to implement the
Commission’s decision in Communication 276/03: Centre for Minority Rights
Development and Minority Rights Group International (on behalf of the
Endorois Welfare Council) v. Kenya.
c) Provisional Measures
31. The Commission did not receive any response to Provisional Measures issued by
the Commission regarding Communications involving Egypt and The Sudan.
32. The Commission did receive a response from Ethiopia regarding the Provisional
Measures issued with respect to Communication 507/15: Andargachew Tsege
and Yemsrach Hailemariam (Represented by Reprive and REDRESS) v.
Ethiopia. However, the response did not indicate the measures taken to
implement the Provisional Measures; but rather contested the issuance of the
Provisional Measures. The Commission is currently constructively engaged with
the Government of Ethiopia on the matter.
33. The Commission notes with concern that despite the Provisional Measures
issued with regards to Communication 512/15: Mahmoud Hassan Ramadan
Abdel-Naby and 57 Others v. Egypt and transmitted on 16 February 2015,
requesting the Government authorities to stay the execution of Mahmoud
Hassan Abdel-Naby, he was executed on 07 March 2015, and this is also
notwithstanding the fact that the matter was and still is pending before the
Commission.
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VI.
LETTERS OF URGENT APPEAL
34. The Commission sent Letters of Urgent Appeal to the following State Parties,
regarding human rights issues alleged to have occurred in their respective
countries:
i.
ii.
iii.
iv.
v.
vi.
vii.
The Sudan – a joint Letter of Urgent Appeal regarding the alleged arrests and
incommunicado detention of some Sudanese human rights defenders and
leaders of opposition political parties, including Dr. Amin Mekki Medani and
Dr. Farouq Abu Eissa (08 January 2015);
The Sudan – a Letter of Urgent Appeal regarding the situation of some
Eritrean refugees at the Shegerab Camp (23 January 2015);
The Gambia – a joint Letter of Urgent Appeal following the attacks on
Gambian soil on 30 December 2014 (27 January 2015);
Egypt – a Letter of Urgent Appeal regarding the imposition and execution of
some death sentences in Egypt, including the case of Mr. Mahmood Hassan
Abdel Naby who was reportedly scheduled to be executed on 28 February
2015 (24 February 2015);
Mozambique – a Letter of Urgent Appeal regarding the assassination of
Professor Gilles Cistac (08 April 2015);
South Africa – a Letter of Urgent Appeal regarding the xenophobic attacks
on non-nationals (16 April 2015);
Egypt – a Letter of Urgent Appeal concerning reports of the imposition of the
death penalty on six people by a North Cairo Military Court, in Case
No.43/2014 (20 April 2015).
35. The following countries responded to the Letters of Urgent Appeal within the
reporting period:
i.
ii.
The Gambia – the Government denied the allegations, and indicated that it
would not compromise on holding those responsible for the attacks
accountable (25 February 2015);
Egypt – the Government provided information regarding the procedural and
legal guarantees available to persons sentenced to death in Egypt, the
progress of the case against Mahmood Hassan Abdel Naby in the Egyptian
Judiciary, including the appeal and other processes availed to him; the
Government also confirmed that Mahmood Hassan Abdel Naby was hanged
on 07 March 2015 (25 March 2015).
36. Following the 56th Ordinary Session, the Commission received a Note Verbale
from South Africa, forwarding a letter from His Excellency, President Jacob
Zuma, responding to the Commission’s Urgent Appeal regarding the
xenophobic attacks and indicating the measures taken by the Government of
South Africa to deal with the matter.
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VII.
INTER-SESSION ACTIVITIES OF THE COMMISSIONERS
37. The intersession activities undertaken by the Honourable Commissioners in their
capacities as Members of the Commission, and as Members of Special
Mechanisms, mainly consist of their participation in the statutory meetings of the
Commission, undertaking promotion missions, promoting the African Charter
and other African human rights instruments through seminars, conferences and
workshops, as well as through meetings and other activities organised by their
respective mechanisms. Honourable Commissioners also participated in various
activities which were organized and funded by other actors, including State
Parties and NGOs, among others.
38. In addition to Press Releases issued by the Commission and its Special
Mechanisms with regards to promotion missions conducted and meetings
organized, the Commission also issued nine (9) Press Releases on various human
rights issues during the reporting period as follows: Press Release by the Special
Rapporteur on Human Rights Defenders on the Appeal Verdict in the Case of
Yara Sallam and Sanaa Seif; Statement by the Commission on the events of 30
December 2014 in The Gambia; Press Release by the Special Rapporteur on
Refugees, Asylum Seekers, Migrants and Internally Displaced Persons in Africa
on the Ratification of the African Union Convention for the Protection and
Assistance of Internally Displaces Persons in Africa by the Republic of Congo;
Press Release by the Commission on the Atrocities Committed by Boko Haram;
Joint Press Release by the Special Rapporteur on Human Rights Defenders and
the Special Rapporteur on Prisons and Conditions of Detention in Africa on the
Human Rights Situation Following the Events Surrounding the Amendment of
the Electoral Law in the Democratic Republic of Congo; Joint Press Release by
the Chairpersons of the Working Group on Death Penalty, Extra-Judicial,
Summary and Arbitrary Killings in Africa and the Working Group on the Rights
of Older Persons and Persons with Disabilities in Africa Regarding the Attacks
and Killings of Persons with Albinism in East Africa; Press Release by the
Working Group on Death Penalty and Extrajudicial, Summary and Arbitrary
Killings in Africa on the Execution of Mahmoud Hassan Abdel-Naby; Press
Release by the Commission on the Terror Attacks Committed by Al-Shabaab in
the Republic of Kenya; and Joint Press Release by the Special Rapporteur on
Human Rights Defenders in Africa and the Special Rapporteur on Freedom of
Expression and Access to Information in Africa Regarding the Situation of
Human Rights Defenders and Freedom of Expression and Assembly in Burundi.
39. The Activity Reports of the Honourable Commissioners detailing their intersession activities are available on the website of the Commission:
www.achpr.org.
40. Pursuant to Article 45(1)(c) of the African Charter, the Commission also
continues to collaborate with the Special Mandate-Holders of the United Nations
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Human Rights Council with a view to ensuring better promotion and protection
of human rights on the continent.
VIII.
THE HUMAN RIGHTS SITUATION ON THE CONTINENT
41. It will be recalled that this section of the Commission’s Report was introduced
pursuant to Executive Council Decision EX.CL/Dec.639 (XVIII) calling upon the
Commission to brief the Policy Organs on the human rights situation on the
continent. The Commission gathers the information for this section from
constantly monitoring the human rights landscape on the continent; some of the
information comes during the ordinary course of the Commission’s engagement
with State Parties and other human rights stakeholders. The Commission also
uses its Ordinary Sessions to get an overview of the human rights situation on
the continent direct from the perspective of the key human rights actors: from the
Departments of State Parties responsible for human rights, from NHRIs and from
NGOs working directly in the field of human rights.
a) Positive developments
i.
Ratification of human rights related instruments by State Parties: ratification of
the African Union Convention for the Protection and Assistance of Internally
Displaced Persons in Africa by Cameroon and Congo, ratification of the
International Covenant on Economic, Social and Cultural Rights by the South
Africa, and ratification of the African Youth Charter by the Egypt;
ii.
Increased attention to gender equality and matters affecting women:
amendment of the law in Senegal to allow women to transfer their nationality
to their children and their husbands; revision of the law in Algeria to allow
women to transfer their nationality to their children; adoption of laws against
gender-based violence in Malawi and Ethiopia; passage of the Violence
Against Women Bill by the National Assembly in Nigeria; enactment of a law
legalizing abortion in Mozambique; and efforts to address maternal mortality
such as the ‘Save 1 Million Lives’ program in Nigeria;
iii.
Establishment of mechanisms to address human rights matters: establishment
a Ministerial Committee Against Slavery in Mauritania; designation of the
National Commission for Human Rights of Rwanda, Mali and Algeria as
independent bodies to conduct prison visits; appointment of a Working Group
to facilitate the two thirds gender rule in elective and appointed positions in
Kenya; in the DRC, the establishment of a Special Unit focused on Human
Rights Defenders, in the Ministry of Justice; the establishment and
operationalization of the War Crimes Division of the High Court to ensure that
victims of war crimes receive justice in Uganda; and the fund established by
Niger to assist persons displaced following terrorist attacks.
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iv.
Awareness of and attention to matters affecting children, especially the girl
child: efforts to increase children’s access to education through Rwanda’s 12
Year Basic Education Program and Malawi’s re-admission program for school
girls who fall pregnant; Egypt’s withdrawal of its reservation on early marriage
in the African Charter on the Rights and Welfare of the Child and its
commitment to join the AU Campaign on Early Marriage; Niger’s commitment
to host a regional meeting as part of the AU Campaign to end child marriage;
in Malawi, the initiation of the Marriage Divorce and Family Relations Bill,
which among others raises the age of marriage to 18 years old;
v.
Efforts to provide assistance to people living with HIV (PLHIV): provision of
non-discriminatory access to free medical care for PLHIV, and opening of new
centres providing medical care to PLHIV in Algeria; and the passage of the
HIV and AIDS Anti-Discrimination Act 2014 which prohibits discrimination on
account of HIV status in Nigeria;
vi.
Efforts to combat the use of torture: the on-going role of Ghana as one of the
five founding members of the Convention Against Torture Initiative (CTI), in
addition to the broadening of the definition of torture in Rwanda, to include
torture committed by both State and non-State actors;
vii.
The number of countries which have adopted access to information laws (ATI)
has increased from four to sixteen following the adoption of the Model Law on
Access to Information in Africa, with Mozambique being the latest to enact its
law at the end of 2014; and Niger which has decriminalized defamation and
was the first State Party to sign the Declaration of Table Mountain;
viii.
Policy and legal reforms underway based on studies conducted in the
extractive industries of Member States, mineral certification process in
Rwanda, revenue sharing up to community level in South Sudan, and the
requirement of Parliamentary approval for production agreements in
Tanzania.
ix.
The building of two (2) new prisons in Algeria to reduce overcrowding and
improve prison conditions;
x.
The successful holding of presidential elections, in addition to the peaceful
handover of power in Zambia and Nigeria;
xi.
An increase in the number of State Parties that voted in favour of the UN
Resolution A/RES/69/16 which calls for a global moratorium on the death
penalty in December 2014, in addition to abolition of capital punishment from
the penal codes of Chad and Côte d’Ivoire.
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b) Areas of concern
i.
The increasing incidence of terrorist attacks and the alarming numbers of
people being killed as a result this in Niger, Cameroon, Nigeria, Tunisia,
Kenya, Somalia and Libya, and the disturbing trend of terrorists deliberately
targeting schools and centres of learning;
ii.
The continuing situations of conflicts and acts of armed groups endangering
the lives of civilians in a number of countries, including in CAR, DRC and in
the Southern Kordofan and Blue Nile States of The Sudan;
iii.
The xenophobic attacks targeting foreign nationals in South Africa, which
resulted in deaths, destruction of property and displacement of migrants
fearing the attacks and scarring the African psyche in the process;
iv.
The continuing devastating effects of the Ebola virus which has not yet been
completely eradicated in West Africa in spite of the laudable efforts deployed
to address the outbreak; and the legal frameworks in many countries which do
not provide sufficient protection for the rights of PLHIV, in addition to other
restrictive and punitive measures, policies and practices which impact the
rights of PLHIV;
v.
The low number of ratification of important regional human rights
instruments;
vi.
The continuing discriminations and practices against women and girls,
including the exclusion of pregnant girls from the education system and
refusing them to take public examinations, which violates their right to
education and serves to perpetuate other discriminations against them;
vii.
The continuing issue of statelessness and the resulting privations from the
related entitlements such as the right to education, to own property, to obtain a
national identity card or passport;
viii.
The unresolved root causes of migration, such as youth unemployment, which
have resulted in the deaths of thousands of migrants, especially the tragedies
witnessed in the Mediterranean Sea during the reporting period;
ix.
Increased reports of attacks on persons with albinism, particularly in the Great
Lakes region;
x.
The continuation of slavery on the African continent in the 21st Century;
xi.
The increasing trend of imposing mass death sentences, and executions being
carried out by State Parties during the reporting period;
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xii.
The human rights situation in SADR, and the lack of access to the Occupied
Territory of Western Sahara, to establish the human rights situation of the
Sahrawi people there;
xiii.
The inadequate technological expertise and inadequate policy, legal and
institutional frameworks in the extractive industries of Member States, which
result in resource mismanagement and environmental degradation;
xiv.
The impact of restrictive laws on the work of NGOs and the increased attacks
on NGOs on the basis of counter-terrorism legislation in State Parties;
xv.
Many prisons in Africa fall short of the international human rights standards,
including overcrowding and non-respect of time frames of detention;
xvi.
Restrictions on freedom of expression and access to information and
harassments of journalists and human rights defenders.
IX.
ADMINISTRATIVE AND FINANCING SITUATION
a) Communication
42. The situation remains as previously reported.
b) Construction of the Commission’s Headquarters
43. The Commission has been informed that the Host Government has established
an Inter-Ministerial Committee, to work on the construction of the Commission’s
headquarters. The Inter-Ministerial Committee will work with a Focal Point
within the Commission’s Secretariat.
c) Funding
44. A total of US$ 5,922,595.00 was approved for the Commission for the 2015 fiscal
year, broken down as follows: US$ 4,970,825.00 from Member States’ assessed
contribution and US$ 951,770.00 pledges from partners. Thus far, partners have
released an amount of US$ 326,803.69.
45. As previously noted in the Commission’s 36th and 37th Activity Reports, no
program budget was allocated to the Commission from Member States, with the
result that the Commission had to rely on partner funds to implement the
mandate entrusted to it under the African Charter, which cannot be correct,
given the importance and sensitivity of this Organ of the Union, as recognized in
Executive Council Decision EX.CL/856(XXV).
d) Staffing
46. The Commission expresses appreciation to the AUC for the efforts deployed to
recruit Legal Officers for the Commission’s Secretariat in 2014, and urges the
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expedited recruitment of a Deputy Secretary as this has become an urgent
necessity, given the heavy workload as the Commission’s activities continue to
expand. The Commission is also in urgent need of Arabic speaking and
Portuguese speaking Legal Officers, especially as more and more complaints are
being submitted in these languages, whereas the Secretariat does not have a
single Arabic or Portuguese speaking Officer. The Commission also needs
Revisers and Interpreters to be recruited for the Secretariat, as relying on
freelancers is extremely costly.
X. IMPLEMENTATION OF EXECUTIVE COUNCIL DECISIONS
a) Cotonou Declaration on the Abolition of the Death Penalty in Africa
47. It will be recalled that Executive Council Decision Ex.CL/887(XXVI), called on
the Commission to submit the Cotonou Declaration on the Abolition of the Death
Penalty in Africa (the Cotonou Declaration) to the June/July 2015 Summit of the
Union. That Declaration is attached hereto as Annex I.
b) Mission to Western Sahara
48. It will be recalled that Executive Council Decision Ex.CL/796(XXIII) encouraged
the Commission to complete its report on the fact-finding mission to the Sahrawi
Arab Democratic Republic by including the situation in the territory under the
control of the Kingdom of Morocco. For its part, the Peace and Security Council
(PSC), through Decision (PSC/PR/COMM/l.(CDXCVI), adopted during its 496 th
meeting held on 27 March 2015, called on the Commission to undertake, as soon
as possible, a mission to Western Sahara and to the refugee camps in Tindouf, to
assess the human rights situation and make recommendations to the Peace and
Security Council (PSC), building on the outcome of the Commission’s visit to the
region in September 2012. It will also be recalled that the PSC Decision also
urged the Government of the Kingdom of Morocco to extend full cooperation to
the Commission, in particular, by allowing access to the Occupied Territory.
49. In response, the Commission scheduled a fact-finding mission to Western
Sahara, to take place from 18 to 24 May 2015, and accordingly dispatched a Note
Verbale to the Government of the Kingdom of Morocco seeking access to the
Occupied Territory.
50. In addition, letters were transmitted the Chairperson of the African Union
Commission and the UN Assistant Secretary General for Human Rights of the
Office of the High Commissioner for Human Rights, requesting them to use their
good offices to facilitate access to the Occupied Territories.
51. The Kingdom of Morocco did not grant access to the Occupied Territory; its
response is attached hereto as Annex II.
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XI.
RECOMMENDATIONS
52. Having regard to the foregoing, the Commission recommends as follows:
To State Parties:
i)
Implement the decisions of the Commission on Communications and report on
the measures taken, respond to Letters of Urgent Appeal from the
Commission, take concrete action to address the areas of concern which are
highlighted in the Commission’s Activity Reports and Resolutions, in
compliance with Executive Council Decision EX.CL/887(XXVI)1 and Executive
Council Decision EX.CL/856(XXV);
ii) Present their Periodic Reports in compliance with Article 62 of the African
Charter, Article 26 of the Maputo Protocol, the Commission’s Guidelines for
National Periodic Reports, the State Party Reporting Guidelines for Economic,
Social and Cultural Rights (the Tunis Guidelines), and the Guidelines for State
Reporting under the Maputo Protocol;
iii) Sign, ratify, domesticate and implement all regional and international human
rights instruments, and make the declaration under Article 34(6) of the Court’s
Protocol;
iv) Revise laws in Member States in line with interpretative guidance of the
Commission: General Comments on Article 14 (1) (d) and (e) and General
Comment No. 2 on Article 14.1 (a), (b), (c) and (f) and Article 14. 2 (a) and (c) of
the Maputo Protocol by the Commission and the Model law on Access to
Information in Africa;
v) Authorize promotion missions to their respective countries, by giving a
permanent/opened authorisation
vi) Establish and/or designate independent national bodies mandated to
undertake regular visits to prisons and other places of detention;
vii) Ensure allocation of adequate resources to NHRIs for the promotion and
protection of the rights enshrined in the African Charter, and create these
National Institutions where they do not exist;
viii) Develop policies to ensure that all economic, social and cultural rights are
respected, particularly access to education, health, housing, employment,
among others;
ix) Consider hosting one of the Sessions of the Commission, in compliance with
Executive Council Decision EX.CL/856(XXV).
To the Republic of South Sudan:
i)
Ratify the African Charter and the Protocols to the African Charter, in addition
to other regional and international human rights instruments.
To the AUC:
i)
Address the operational challenges confronting the Commission and its
Secretariat;
ii) Expedite the recruitment of the Deputy Secretary, and other required staff.
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To the Assembly of Heads of State and Government:
i)
Urge State Parties to honour their obligations under the African Charter;
ii) Encourage State Parties to comply with the decisions of the Commission; and
iii) Take note of the Provisional Measures issued by the Commission and the
response, or lack thereof, from the concerned State Parties.
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