The African Commission on Human and Peoples’ Rights (the African Commission), meeting at its 87th Ordinary Session held from 24 April to 20 May 2026 in Banjul, The Gambia:
Recalling its mandate to promote and protect human and peoples’ rights under Article 45 of the African Charter on Human and Peoples’ Rights (the African Charter);
Recalling also the relevant provisions of the African Charter, in particular Articles 9 on freedom of expression and access to information, 10 on freedom of association, and 11 on freedom of assembly and peaceful demonstration;
Recalling further its Resolution ACHPR/Res.69(XXXV)2004 on the establishment of the mandate of the Special Rapporteur on Human Rights Defenders in Africa, and its Resolution ACHPR/Res.273(LV)14 on the extension of the mandate of the Special Rapporteur to cover cases of reprisals in Africa;
Recalling further its Resolutions ACHPR/Res.104(XXXXI)2007, ACHPR/Res.119 (XXXXII)2007, ACHPR/Res.196(L)2011, ACHPR/Res.336(EXT/OS/XIX)2016, ACHPR/Res.345(LVIII)2016 and ACHPR/Res.376(LX)2017, on the situation of human rights defenders in Africa;
Having regard to Resolution ACHPR/Res.245 (LIV)2013 on the challenges that women human rights defenders continue to face on the African continent with regard to the recognition, exercise and enjoyment of their rights, and Resolution ACHPR/Res.336(EXT.OS/XIX)2016 on measures to protect and promote the work of women human rights defenders;
Having regard also to the Principles and Guidelines on Human and Peoples’ Rights in the Fight against Terrorism in Africa (2015), which guarantee the enjoyment of fundamental freedoms even within the framework of the fight against terrorism;
Consideringfurther the obligations of States Parties under Article 1 of the African Charter and the relevant provisions of regional and international human and peoples’ rights instruments, in particular that of guaranteeing the safety of persons living within their territories, as well as the freedoms of assembly, association, expression and access to information for human and peoples’ rights defenders and their right to take part in the management and conduct of their countries’ affairs;
Bearing in mind the instruments for the protection of human and peoples’ rights defenders, in particular the Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognised Human Rights and Fundamental Freedoms (the 1998 United Nations Declaration on Human Rights Defenders), the 1999 Grand Bay Declaration and Plan of Action, the 2003 Kigali Declaration and the Guidelines on Freedom of Association and Assembly in Africa adopted by the Commission in 2017;
Considering the fundamental role of human and peoples’ rights defenders in promoting and protecting human rights, the rule of law, democracy and good governance;
Concerned by the shrinking of civic space, notably through the use of surveillance, both in the digital domain and in other spheres, as well as the trend towards democratic repression, including transnational repression, factors which undermine the enabling environment for the work of human and peoples’ rights defenders in Africa, particularly in the run-up to presidential elections;
Also concerned by the resurgence of cases of abuse of judicial process imposed on human and peoples’ rights defenders, characterised by the proliferation of proceedings brought against them or the organisations which employ them, including by non-State actors, as well as by the imposition of excessively high bail amounts, which are likely to unduly restrict the exercise of their activities;
Concerned further by the persistence of violations targeting human and peoples’ rights defenders, in particular arbitrary arrests and detentions, actsof torture, enforced disappearance and murder, as well as the excessive and prolonged use of pre-trial detention, including in conditions characterised by restrictions on their rights of access to legal representation, appropriate healthcare and family visits;
Concerned, furthermore, by the violations of the freedoms of association and peaceful assembly of human and peoples’ rights defenders, in particular through the banning of peaceful demonstrations, arrests during such gatherings, and the suspension or dissolution of civil society organisations outside any due legal process;
Noting the absence, in several States, of specific legal frameworks guaranteeing the protection and recognition of the status of human and peoples’ rights defenders; and
Noting further with concern the use of excessive control measures and the criminalisation of the legitimate activities of human and peoples’ rights defenders and civil society organisations, on grounds related to sovereignty, national security or the fight against money laundering or the financing of terrorism;
The Commission:
- Strongly condemns the obstruction of the activities of human and peoples’ rights defenders and all forms of violence and reprisals against them;
- Calls on States Parties to:
- Put an end to the arbitrary arrest and detention of human and peoples’ rights defenders, ensure that any deprivation of liberty complies with the African Commission’s Guidelines on Freedom of Association and Assembly in Africa, and that fundamental safeguards are complied with during detention, including the right to a counsel of one’s choice, to appropriate healthcare and to family visits;
- Refrain from any form of abuse of judicial process imposed on human and peoples’ rights defenders, including by non-State actors, and ensure that sentences and bail amounts are reasonable and proportionate;
- Take all necessary measures to ensure the full enjoyment of the freedoms of association and peaceful assembly, in particular by ensuring that any restrictions on demonstrations comply with regional and international standards and by guaranteeing that any decision to suspend or dissolve civil society organisations is taken in strict compliance with due legal process;
- Ensure that all legislation restricting freedom of association and peaceful assembly and the work of human rights defenders relating to sovereignty, national security, the fight against money laundering or the financing of terrorism complies with the principles of legality, necessity, proportionality and justiciability;
- Adopt specific laws relating to human and peoples’ rights defenders in accordance with the United Nations Declaration on Human Rights Defenders, the Grand Bay Declaration and Plan of Action, the Kigali Declaration and the Guidelines on Freedom of Association and Assembly in Africa and take the necessary measures to implement them.
Done in Banjul, The Gambia, on 20 May 2026
