The African Commission on Human and Peoples’ Rights (the Commission), meeting at its 85th Ordinary Session held in Gambia from 21 to 30 October 2025;
Bearing in mind its mandate under Article 45 of the African Charter on Human and Peoples’ Rights (the Charter) to promote and protect human and peoples’ rights, to interpret the provisions of the Charter, and to cooperate with other African and international institutions concerned with the promotion and protection of human rights;
Recalling the Preamble of the Charter, which enjoins States to eliminate colonialism, neo-colonialism, apartheid, Zionism and all forms of discrimination, oppression and foreign domination, and Articles 1 and 19 to 24 recognising the rights of peoples to equality, self-determination, peace and security existence, development and a satisfactory environment;
Recalling also Article 20 of the African Charter on Human and Peoples’ Rights, which recognises the right of all peoples to existence and self-determination, and in paragraph 3 affirms that all peoples shall have the right to the assistance of the States Parties to the Charter in their liberation struggle against foreign domination, be it political, economic or cultural;
Further recalling the judgment of the African Court on Human and Peoples’ Rights in Application 028/2018, which clarified that Article 20(3) of the African Charter imposes both positive and negative obligations upon States Parties, namely, to assist all peoples deprived of their right to self-determination in their struggle for liberation, and to refrain from recognising, supporting, or engaging in any act of complicity with foreign domination, and affirmed that this duty is collective, continuous, and binding under international law;
Referring to Articles 3(h) and 4(p) of the Constitutive Act of the African Union which commit Member States to promote human and peoples’ rights, condemn and reject impunity, and eliminate colonialism, apartheid and all forms of discrimination;
Recalling Article 60 of the Charter, which authorises the Commission to draw inspiration from international law on human and peoples’ rights, particularly from instruments adopted by the United Nations and the African Union;
Reaffirming the Declaration on the Situation in Palestine and the Middle East (Assembly/AU/Decl.4(XXXV)) adopted by the Assembly of Heads of State and Government in 2024 and the decision Assembly/AU/18(XXXVIII) adopted in February 2025, both calling for a ceasefire, unimpeded humanitarian access and accountability for grave violations;
Recalling its own Resolutions ACHPR/Res.611 (LXXXI) 2024 and ACHPR/Res.641 (LXXXIV) 2025, and its Press Releases of 30 October 2023 and 3 June 2024 condemning the illegal occupation, blockade of Gaza, and the disproportionate use of force by Israel, and affirming the inalienable right of the Palestinian people to self-determination, freedom and dignity;
Noting that citizens of several State Parties to the Charter are among the victims of the ongoing Israeli genocide in Gaza, including women, children and the elderly, and that it continues to have negative repercussions for African peace, security and sovereignty;
Noting also the Advisory Opinion of the International Court of Justice (ICJ) of 19 July 2024 on the Legal Consequences of Israel’s Policies and Practices in the Occupied Palestinian Territories (OPT), including East Jerusalem;
Recalling the ICJ’s Orders of Provisional Measures in South Africa v. Israel under the Convention on the Prevention and Punishment of the Crime of Genocide (1948);
Recognising that such ICJ decisions, under Article 94 of the United Nations Charter, are binding upon States, and that failure to prevent complicity in Israel’s atrocity crimes in particular engages their international responsibility;
Recalling the United Nations General Assembly resolution A/RES/ES-10/24 (2023) calling on all states to refrain from recognising or supporting the situation created by Israel's unlawful presence in the occupied Palestinian territory, including East Jerusalem;
Mindful also of the complementary jurisdiction of the African Court on Human and Peoples’ Rights under Article 2 of its Protocol, and of the role of the African Union Commission on International Law;
Concerned by evidence of State, institutional and corporate complicity through military, security, financial, technological, maritime, academic, cultural, sporting, religious and tourism channels that enable, sustain, or legitimise serious violations of international humanitarian law and gross violations of human rights;
Recognising that such complicity contradicts the object and purpose of the African Charter, the Constitutive Act of the African Union and the historical commitment of African peoples to eradicate colonialism and apartheid in all forms:
The Commission
1. Reaffirms its full support for the right of self-determination of the Palestinian people;
2. Welcomes the ceasefire agreement, calls on all parties to fully respect it and supports the peace arrangements aiming at ending human rights violations in the occupied Palestinian territories.
3. Supports the international community’s efforts aiming at reaching a sustainable solution to the conflict in Palestine and the occupied territories, within the framework of a two-State solution, according to the relevant United Nations resolutions.
4. Calls upon States Parties to the Charter to act on their responsibility under Article 20 (3) of the Charter to assist all peoples deprived of their right to self-determination including the People of Palestine in their liberation struggle & refrain from recognising, supporting or engaging in any act that undermines the right to self-determination.
Done in Banjul, The Gambia, 30th October 2025
