Banjul, Islamic Republic of The Gambia
16 to 25 February 2016
1. The African Commission on Human and Peoples' Rights (the Commission) held its 19th Extraordinary Session from 16 to 25 February 2016 in Banjul, The
Gambia.
2. The Session was preceded by the meeting of the Working Group on Communications held from 13 to 14 February, and that of the Working Group on Specific Issues held on 15 February 2016.
3. The Session was convened to deal with Communications and other urgent and outstanding matters from previous Sessions.
4. The Session was chaired by Honourable Commissioner Pansy Tlakula, Chairperson of the Commission, assisted by Honourable Commissioner Soyata Maïga, Vice-Chairperson of the Commission.
5. The 19th Extraordinary Session was attended by the following Commissioners:
i. Honourable Commissioner Pansy Tlakula, Chairperson;
ii. Honourable Commissioner Soyata Maïga, Vice-Chairperson;
iii. Honourable Commissioner Reine Alapini-Gansou;
iv. Honourable Commissioner Yeung Kam John Yeung Sik Yuen;
v. Honourable Commissioner Lucy Asuagbor;
vi. Honourable Commissioner Maya Sahli-Fadel;
vii. Honourable Commissioner Lawrence Murugu Mute;
viii. Honourable Commissioner Jamesina Essie L. King;
ix. Honourable Commissioner Solomon Ayele Dersso.
6. Honourable Commissioner Kayitesi Zainabo Sylvie and Honourable Commissioner Med Kaggwa were absent with apologies.
7. The Chairperson, Honourable Commissioner Pansy Tlakula, briefed members of the Commission on the outcome of the meetings of AU Policy Organs held in Addis Ababa, Ethiopia, from 21 to 31 January 2016.
8. The Chairperson also reported on the outcome of parallel meetings and other events attended by the Bureau on the margins of the 26th Summit of the African Union.
9. The Commission considered thirty-seven (37) Communications:
i. Sixteen Communications (16) on Seizure: three (3) requests for
Provisional Measures granted and two (2) requests for Provisional
Measures rejected;
ii. Ten (10) Communications on Admissibility: three (3) declared admissible,
one (1) inadmissible, four (4) deferred and two (2) to be referred to the
African Court on Human and Peoples’ Rights;
iii. Ten (10) Communications on Merits: seven (7) adopted and three (3)
deferred;
iv. One (1) Communication was struck out for lack of diligent prosecution
by the Complainant.
10. The Commission held Oral Hearings on two (2) Communications.
11. The Commission considered and adopted the following documents:
i. Report of the Chairperson on the AU Policy Organs meetings;
ii. Report of the Working Group on Communications;
iii. Report of the Joint Thematic Dialogue on Sexual Orientation and Gender
Identity;
iv. Draft Protocol to the African Charter on Human and Peoples’ Rights on
the Rights of Persons with Disabilities;
v. Report of the Promotion Mission to the Republic of Seychelles conducted
from 6 to 10 April 2015;
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vi. Report of the Promotion Mission to the Republic of Sudan conducted
from 22 to 28 May 2015;
vii. Report of the Fact-finding Mission to the Republic of Burundi conducted
from 7 to 13 December 2015;
viii. 2016 Annual Work Plan.
12. The Commission considered and deferred the adoption of the Report of the
Promotion Mission to the Republic of Djibouti conducted from 25 to 31 May 2015.
13. The Commission considered the Draft Statute of the Pan African Human
Rights Institute and made written comments to be sent to the African Court on
Human and Peoples’ Rights.
14. The Commission made comments on the GFA/GIZ Report and decided to
hold a working session on the document with the partner at a future date.
15. The Commission considered and made comments on the Pan African
programme proposal for human and peoples’ rights and Project 2016 documents, in
particular the Minutes of the First Technical Meeting on Project 2016.
16. The Commission considered the Procedure of AU Organs in relation to the
Draft Protocol on Nationality and the Draft Protocol on Persons with Disabilities.
17. The Commission took note of the letter of the Registrar regarding the
Advisory Opinion on CAL.
18. The Commission considered and adopted Concluding Observations on
periodic reports presented at the 57th Ordinary Session by the following Member
States:
i. Republic of Sierra Leone;
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ii. Republic of Kenya.
19. The Commission deferred the adoption of the Concluding Observations on
the Periodic Report of the People’s Democratic Republic of Algeria.
20. The Commission adopted nine (9) resolutions:
i. Resolution on Elections in Africa
ii. Resolution on Human Rights in Conflict Situations
iii. Resolution on the Situation of Migrants in Africa
iv. Resolution on Indigenous Populations /Communities in Africa
v. Resolution on the Situation of Internally Displaced Persons in Africa
vi. Resolution on Measures to Protect and Promote the Work of Women
Human Rights Defenders
vii. Resolution on the Modification of the Mandate of the Working Group on
Specific Issues relevant to the Work of the Commission
viii. Resolution on the Appointment of Expert Members of the Working
Group on Indigenous Populations/Communities in Africa
ix. Resolution on the Appointment of a New Expert Member of the
Working Group on the Rights of Older Persons and Persons with
Disabilities in Africa.
21. The Commission expresses its profound gratitude to the Government and
people of the Islamic Republic of The Gambia for the warm welcome and
hospitality extended to members of the African Commission on Human and
Peoples’ Rights during the 19th Extraordinary Session.
Done in Banjul, Islamic Republic of The Gambia, on 25 February 2016.