81st ORDINARY SESSION OF THE AFRICAN COMMISSION ON HUMAN AND PEOPLES’ RIGHTS
17 October – 6 November 2024
INTER-SESSION REPORT OF THE WORKING GROUP ON COMMUNICATIONS
(14 May to 17 October 2024)
Presented by Honourable Commissioner Marie Louise Abomo
Chairperson of the Working Group on Communications
INTRODUCTION
The Working Group on Communications (WGC or Working Group) was established by Resolution ACHPR/Res.194 (L) 11, pursuant to Rule 23 (1) and Rule 97 (2) of the Rules of Procedure of the African Commission on Human and Peoples’ Rights (the Commission) 2010.
At its 11th Extraordinary Session, held in Banjul, The Gambia from 21 February to 1 March 2012, the Commission adopted Resolution ACHPR/Res.212 (EXT.OS/XI)12 defining the mandate of the Working Group. Its various tasks have been extensively outlined in the previous reports of the Working Group.
This report, presented in accordance with Rules 25(3) and 64 of the Rules of Procedure of 2020, is structured as follows: A. Activities of the WGC; B. Communications considered during the reporting period; C. Communications
pending before the Commission; (D) En of simultaneous application of the 2010 and 2020 Rules of Procedure; E. Challenges, recommendations and prospects.
Activities of the Communications Working Group
Meetings of the Communications Working Group
In the margins of the 79th Ordinary Session of the Commission, the Working Group met to analyse various documents relating to communications, including a request for a corrigendum to a decision on a communication, the Report on the Administrative Seizure of Communications, the Document on the possibility for the Commission to raise, on its own initiative, violations of human rights and to considerer them on the merits, the request for review of Non-Seizure Decision, and the request for guidance on a communication.
Between the end of the 79th Ordinary Session and the beginning of the present session, the Working group, which was unable to meet due to budgetary constraints, considered, by consultation, various documents and requests for guidance on the management of communications.
Communications considered during the reporting period
The Working group recalls that at the 79th Ordinary Session, there were 188 communications, as follows:
36 on merits;
146 on admissibility;
5 communications for seizure.
1 request for review.
During the 79th Ordinary Session, the Commission considered and ruled on 8 communications, including:
1 Communication adopted on the merits;
5 Communications declared admissible;
1 Communication declared inadmissible;
2 Communications struck out from the List.
At the end of the 79th Ordinary Session, 184 communications were pending, including:
40 Communications on merits;
140 Communications on admissibility;
3 Communications for seizure;
1 for review.
The Working Group notes that these figures did not change at the beginning of the 80th Ordinary Session (Private) Session, which was held, virtually, from 24 July to 2 August 2024.
During the 80th Ordinary Session, the Commission considered thirteen (13) communications, as follows:
a. 5 Communications adopted on the merits;
b. 6 Communications declared admissible;
c. 2 Communications declared inadmissible.
Thus, at the end of the 80th ordinary session (private session), 177 communications were pending, as follows:
a. 41 Communications on merits;
b. 132 Communications on admissibility;
c. 3 Communications for seizure;
d. 1 Communication for review.
Communications Pending before the Commission
Since the 79th Ordinary Session to date, new communications have been received. At the start of this session, 182 communications were pending, including:
41 communications on merits;
137 communications on admissibility;
3 communications for seizure;
1 communication for review.
Regarding communications submitted by States Parties, the situation has not changed since the previous intersessional report. Consequently, no inter-State communications are pending before the Commission.
End of the simultaneous of application of the 2010 and 2020 Rules of procedure
The Working Group has the honour to inform the public that at its 80th Ordinary session, which took place virtually from 24 July to 2 August 2024, the Commission decided to end the simultaneous application of the 2010 and 2020 Rules of Procedure. Consequently, only the 2020 Rules of Procedure will be in force. In accordance with Article 141(2) of the 2020 Rules of Procedure, the 2010 Rules of Procedure will apply only in the event of a recourse against a decision or measure adopted on the base of their provisions.
Challenges, recommendations, and perspectives
Challenges
The Working Group notes that notwithstanding the improvements, the challenges related to the limited funds allocated for the translation of communications and submissions by Parties, particularly to/from Arabic where most communications are in English and must be translated into Arabic, will still persist in the medium term because of the backlog of documents to be translated. The Parties' failure to meet the deadlines stipulated in the Commission's Rules of Procedure and the low rate of implementation of the Commission's decisions also persist.
The failure of the parties to comply with the time limits laid down in the Commission's rules of procedure and the low rate of implementation of the Commission's decisions also persist.
The Working Group is particularly concerned about the low level of cooperation of States on communications, with the resulted on many decisions being taken by default.
The Working Group recalls that the human rights instruments that the Commission applies were adopted by States, and it is therefore essential that States themselves participate in the development of case law arising from the application of these instruments, in the context of the communications procedure.
Finally, the Working Group wishes to stress the importance of compliance with the principle of confidentiality of decisions until their publication is authorised in accordance with Article 59 of the Charter.
Recommendations
The Working Group
Urges States Parties to implement Commission decisions and inform the Commission of all measures taken or in the process of being taken to implement decisions concerning them within the 180-day period provided for in Rule 125(1) of the Rules of Procedure (2020);
Reiterates its request that all Parties to the Communications apply the relevant provisions of the Rules of Procedure, particularly with regard to the deadlines for submitting arguments and evidence at the different stages of the procedure, and to respect the principle of confidentiality provided for in Article 59 of the Charter;
Encourages parties to use the Standardised Complaint Forms available on the following Commission websites:
https://achpr.au.int/index.php/en/news/announcements/2021-09-03/african… – English
https://achpr.au.int/index.php/fr/news/announcements/2021-09-03/formula… – French
https://achpr.au.int/index.php/pt/news/announcements/2021-09-03/impress… – Portuguese
Refers Litigants to the Practice Directives on the temporal scope of the Rules of Procedure (2020), as long as they are not yet changed. The Practice Directives can be accessed on the Commission’s web pages:
https://achpr.au.int/en/node/907 – English
https://achpr.au.int/fr/node/907 – French
https://achpr.au.int/pt/node/907 – Portuguese
Perspectives
The WGC believes that its establishment was essential to ensuring streamlined and more efficient handling of Communications. However, the achievement of this objective still depends on the collaboration of all relevant stakeholders at the regional and national levels.
The Working Group is ready to cooperate with the high courts of the States Parties, national bar associations, research institutions and universities in the dissemination and popularisation of the Commission's jurisprudence and the procedure for the protection of the human and peoples’ rights. This cooperation included the training of all stakeholders, particularly those of the judicial system of the States Parties.
The WGC, therefore, continues to gather diverse perspectives and suggestions from all stakeholders with a view to strengthening the fulfilment of its mandate and, by extension, to enhance the Commission’s mandate entrusted to it by the States Parties.
Thank you for your kind attention!
