Resolution on the Re-Distribution of Country Rapporteurship and Special Mechanism Mandates amongst Commissioners - ACHPR/Res. 480 (LXVIII) 2021

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The African Commission on Human and Peoples’ Rights (the Commission), meeting at its 68th Ordinary Session held virtually from 14 April to 4 May 2021;

Recalling its mandate of promotion and protection of human and peoples’ rights in Africa, pursuant to Article 45 of the African Charter on Human and Peoples’ Rights (the African Charter);  

Recalling also Rule 7 of its Rules of Procedure (2020) relating to the functions of Members of the Commission;

Recalling further the important role of the Commission in monitoring the implementation of the African Charter, the Maputo Protocol and the Kampala Convention respectively;

Bearing in mind the Standard Operating Procedures (SOPs) relating to its Special Mechanisms adopted during its 27th Extra-Ordinary Session held from 19 February to 4 March 2020, in Banjul, The Gambia;

Noting in particular, guidance provided by the SOPs on the different actions that Special Mechanisms can carry out individually or jointly with the Country Rapporteur in response to Human rights violations/concerns;

Recalling its Resolutions ACHPR/Res. 456 (LXVI) 2020 on the renewal of the mandate and appointment of Commissioner Ndiamé Gaye as Chairperson of the Working Group on Death Penalty, Extrajudicial, Summary or Arbitrary Killings and Enforced Disappearances in Africa and ACHPR/Res. 454 (LXVI) 2020 on the renewal of the mandate and appointment of Commissioner Kayitesi Zainabo Sylvie as Special Rapporteur on the Rights of Women in Africa;

Noting with regret the passing on 11 March 2021 of Honourable Commissioner Ndiamé Gaye; Chairperson of the Working Group on   Death Penalty, Extrajudicial, Summary or Arbitrary Killings and Enforced Disappearances in Africa, Member of the Working Group on ECOSOC Rights and Member of the Committee for the Prevention of Torture in Africa;

Noting further the resignation of Honourable Commissioner Kayitesi Zainabo Sylvie, effective 11 December 2020, in accordance with Rule 9 (3) of the Commission’s Rules of Procedure (2020);

Concerned by the various reports of human rights violations including serious and massive violations in some State Parties and the need for the Commission to intervene and propose appropriate recommendations;

Mindful also of the urgent need to continue the important work undertaken by Honourable Commissioners Gaye and Kayitesi in their respective thematic mandates, pending the assumption of office of their successors;

Decides to reallocate the responsibility for the:

1. monitoring of the human rights situation in the following State Parties formerly under the responsibility of Honourable Commissioner Ndiamé Gaye, among its Members as follows:

i. Honourable Commissioner Rémy Ngoy Lumbu: Central African Republic;

ii. Honourable Commissioner Jamesina Essie L. King: Uganda;

iii. Honourable Commissioner Hatem Essaiem: Guinea-Conakry;

iv. Honourable Commissioner Mudford Zachariah Mwandenga: Sierra Leone; and

v. Honourable Commissioner Marie Louise Abomo: Sahrawi Arab Democratic Republic.

2. monitoring of the human rights situation in the following State Parties formerly under the responsibility of Honourable Commissioner Kayitesi Zainabo Sylvie, among its Members as follows:

i. Honourable Commissioner Solomon Ayele Dersso: Seychelles ;

ii. Honourable Commissioner Rémy Ngoy Lumbu: Algeria and Chad;

iii. Honourable Commissioner Maya Sahli Fadel: Senegal; and

iv. Honourable Commissioner Marie Louise Abomo: Angola.

3. mandates of Special Mechanisms formerly under the responsibility of Honourable Commissioner Ndiamé Gaye among its Members as follows:

i. Honourable Commissioner Solomon Ayele Dersso: Member of the Working Group on Economic, Social and Cultural Rights in Africa;

ii. Honourable Commissioner Maya Sahli-Fadel: Chairperson of the Working Group on the Death Penalty, Extrajudicial, Summary or Arbitrary Killings and Enforced Disappearances in Africa and Member of the Committee for the Prevention of Torture in Africa; and

iii. Honourable Commissioner Alexia Amesbury: Vice Chairperson of the Working Group on the Death Penalty, Extrajudicial, Summary or Arbitrary Killings and Enforced Disappearances in Africa and Member of the Committee for the Prevention of Torture in Africa.

4. mandates of special mechanisms formerly under the responsibility of Honourable Commissioner Kayitesi Zainabo Sylvie among its Members as follows:

i. Honourable Commissioner Maria Teresa Manuela: Special Rapporteur on the Rights of Women in Africa;

ii. Honourable Commissioner Maria Teresa Manuela: Vice-Chairperson of the Working Group on Communications; and

iii. Honourable Commissioner Marie Louise Abomo: Chairperson of the Working Group on Communications.

5. Encourages State Parties to cooperate and consult the Country and Special Rapporteurs of the Commission in the design, planning, implementation and review of Human Rights mandate in their country.

 

Done virtually on 4 May 2021