87th ORDINARY SESSION OF THE AFRICAN COMMISSION ON HUMAN AND PEOPLES' RIGHTS
INTER-SESSION ACTIVITY REPORT
OF
COMMISSIONER SOLOMON AYELE DERSSO
I Introduction
1. This Report is presented in accordance with Rules 25(3) and 64 of the Rules of Procedure of the African Commission on Human and People’s Rights (the Commission) (2020), and in accordance with its Resolutions: ACHPR/Res 148 (XLVI) 09; ACHPR/Res 236 (LIII) 13; ACHPR/Res 271(LV) 14; ACHPR/Res. 447 (LXVI) 20; ACHPR/Res.467 (LXVII) 20; and ACHPR/Res. 473 (EXT.OS/ XXXI) 21.
2. The Report, which is presented in nine parts, covers activities carried out between October 2025 and May 2026 and comprises the following:
I. Introduction
II. Activities undertaken as a Member of the Commission;
III. Activities undertaken as Chairperson of the Working Group on Extractive Industries, Environment and Human Rights
IV. Activities undertaken as Chairperson of the Resolutions Committee
V. Activities undertaken during the inter-session period in respect to countries of responsibility
VI. Activities undertaken as Focal Point on Human Rights in Conflict Situation
VII. Activities undertaken as Focal Point for the Study on AI, new and emerging technologies and human and peoples’ rights
VIII. Activities undertaken as Focal Point for the Study on the Impact of Climate Change on Human and Peoples’ Rights
IX. Conclusion and Recommendations
II ACTIVITIES UNDERTAKEN AS A MEMBER OF THE COMMISSION
1. From 8 to 13 December 2025, I participated in the 39th Extra-Ordinary Session of the African Commission held virtually in a private (closed) format. During the session, I worked with members of the Commission on the presentation and consideration of draft decisions on communications and other documents, as well as the review and adoption of resolutions.
2. From 11 to 12 February 2026, I attended the 48th Ordinary Session of the Executive Council of the African Union Commission in my capacity as a resident commissioner, constituting part of the African Commission’s delegation to the AU summit. As part of the delegation, we followed up on the consideration and adoption of the decision on the activity report of the African Commission presented to the AU Summit. The occasion also provided an opportunity for engaging with delegations from countries of my responsibility, including for advocacy for the submission of outstanding state periodic reports and the conduct of promotion mission, as well as in outreach activities to other AU structures on matters relating to the work of the African Commission.
3. From 14 to 15 February 2026, I attended the 39th Ordinary Session of the Assembly of Heads of States. The Assembly considered a range of strategic continental priorities, including reports on progress under the three thematic agenda areas of the African Union; review of the report on African Union Institutional Reforms and the Annual Report of the Chairperson of the African Union Commission on the activities of the Commission and AU Organs, among other key policy and governance matters.
4. From February 23 to March 9, I attended the Commission's 86th Ordinary Session convened virtually in a private (closed) format. I participated in the presentation and consideration of communications on alleged human and peoples’ rights violations, review of a promotion mission report and various other documents on the agenda of the session. I also coordinated the convening of the Resolutions Committee and presented the report of the Committee and the resolutions that the Committee proposed for the plenary of the Commission. I co-sponsored the development of a resolution on access to information and a right to safe environment which was adopted by the Commission.
Protection activities
5. During the intersession period, I undertook various protection activities involving a fact-finding mission and the issuance of urgent letters of appeal and press statements on urgent human rights issues relating in particular to countries of my responsibility.
6. On the sidelines of the AU summit in February 2026, I joined the delegation of the Commission in a meeting with the Chairperson of the AU Commission during which the report of the Fact-finding Mission (FFM) on Sudan was delivered to the Chairperson of the AU Commission. In my capacity as Focal-Person of the Commission on Human Rights in Conflict Situations, I emphasized the fact that the human and peoples’ rights violations documented in the FFM report, particularly those relating to Darfur, exhibit conditions that clearly meet the threshold for the application of Article 4(h) of the Constitutive Act of the AU. I also joined the chairpersons of the Commission and the FFM in urging that the report of the FFM prepared under the authority of a decision of the Peace and Security Council (PSC) is proposed by the Chairperson of the AU Commission to be on the agenda of the PSC for its consideration of the findings of the FFM and adopt measures that it deems necessary towards ameliorating the dire human rights situation in Sudan.
7. In my capacity as a member and Focal-Person of the Commission on Human Rights in Conflict Situations, I joined the conduct of the ACHPR Fact-Finding Mission (FFM) on Sudan in a field mission to the camps in the Republic of Chad hosting Sudanese who fled the war in Sudan. The mission was conducted in the camps near the border with Sudan from 19 to 23 January 2026. This mission provided the members of the FFM first-hand information and insight into the scale, nature and context of the violations perpetrated, particularly in Darfur, in the course of the war in Sudan since its outbreak in April 2023. We listened to some of the most harrowing accounts of brutality and gratuitous violence inflicted on the civilian population in this war. I would like to express my heartfelt gratitude to those who shared the violence they endured or otherwise witnessed for their courage and generosity despite the pain, scars and grief they carry. I urge us all that we stand in full solidarity with them and many other Sudanese by echoing their voice and pressing for peace, justice and accountability.
8. On 11 March 2026, I issued a press statement welcoming and commending the swift action taken by the Kenyan authorities in rescuing an East African activist. I highlighted the importance of prompt State action in situations that threaten the safety and fundamental freedoms of human rights defenders. This is particularly important in a context of reports of incidents of abductions (by actors operating on behalf of neighboring countries) of opposition politicians, dissidents or human rights activists. States bear responsibility for the protection of the rights of all those within their territories, including the right not to be arbitrarily deprived of their liberties and protection from abductions.
9. On 23 November 2025, I issued a statement expressing grave concern over the abduction of school children in Nigeria in my capacity as Commissioner and Country Rapporteur. The statement strongly condemned this attack as a violation of the rights of the children, including their rights to life, dignity, education, and security. It called on the Nigerian authorities to take immediate and effective measures to secure the safe release of the children, to strengthen protection mechanisms to prevent such incidents, and to ensure that those responsible are held accountable.
10. Additionally, I issued a joint letter of urgent appeal with the Special Rapporteur on Freedom of Expression and Access to Information condemning the arrest of a journalist, Ahmed Isah Sakpe. We called on the relevant authorities to provide further information pertaining to Mr. Sakpe’s arrest and encouraged them to repeal defamation and insult criminal laws.
11. Following reports of new waves of attacks targeting mostly nationals of other African states living in South Africa, on 27 April 2026, I issued a statement deploring the xenophobic attacks and vigilante conduct perpetrated on nationals of other African countries in the Republic of South Africa. The statement reminded South Africa of its obligations under the African Charter to ensure the protection of all those who live under its jurisdiction and called on it to take steps to stem the tide of violence, undertake prompt and independent investigations into the various incidents of violent attacks, hold perpetrators accountable and make amends to victims.
12. Additionally, on 5 March 2026, together with the Special Rapporteur on Human Rights Defenders, we issued a combined letter of concern denouncing the assassination of Mr. Zweli “Khabazela” Mkhize, the Treasurer of the self-styled movement “Abahlali Basemjondolo.” Abahlali Basemjondolo comprises shack dwellers. The letter of concern deplored this incident and reminded the Government of South Africa of its commitments as enshrined in the African Charter and related soft law instruments pertaining to the operations of human rights defenders and the exercise of freedoms of expression and association. The Commission also requested the Government of South Africa to shed more light on the incident, to conduct investigations on the matter and to implement recommendations encapsulated in General Comment No. 3 on the right to life.
13. Following the emergence of troubling reports of indiscriminate attacks targeting civilians and incitement of ethnic violence in South Sudan in the context of the flare-up of new waves of hostilities, on 28 January 2026, I issued a statement calling for the prompt cessation of indiscriminate attacks and threats against civilians and the escalating hostilities in the Republic of South Sudan. I called on the Government of South Sudan to ensure the immediate cessation of attacks and incitement to violence, including ethnically targeted violence, publicly condemn such conduct; urgently engage in political dialogue with the SPLM-IO, in cooperation with the African Union and United Nations, to advance full implementation of the R-ARCSS; guarantee unimpeded humanitarian access and comprehensive support to victims and their families; and recommit to the agreement by enabling an independent investigation into violations and the factors driving the current escalation of hostilities in accordance with the processes stipulated for such investigation in the R-ARCSS.
14. Additionally, on 27 February 2026, I issued a statement deploring the actions of the South Sudan People’s Defence Forces (SSPDF), which lured villagers from their homes with the promise of humanitarian food aid before opening fire on them, killing at least 25 civilians, including women and children. As an institution of the government, such actions entail direct responsibility of the Government of South Sudan for the breach of its duty to respect the rights of the victims. The statement demanded that the Republic of South Sudan must ensure accountability for all perpetrators, provide reparations and psychosocial support to victims’ families, strengthen the protection of civilians, especially women and children in conflict-affected areas, and urgently pursue an unconditional cessation of hostilities alongside an inclusive national dialogue to prevent further escalation into full-scale war.
15. On 21 March 2026, in my capacity as the Country Rapporteur of the Republic of South Sudan, I sent a letter of urgent appeal to His Excellency President Salva Kiir Mayardit, expressing concern over reports on the escalation of fighting in South Sudan involving indiscriminate use of force with devastating consequences to civilians and specifically regarding the order issued by the South Sudan People’s Defence Forces (SSPDF) requiring civilians, humanitarian organizations, and United Nations personnel to evacuate the area within 72 hours ahead of a planned military operation. I reminded the President of the Republic of South Sudan’s obligations and commitments enshrined in the African Charter, specifically Articles 1, 4, 5, 6, 12 and 23. I urged the Government of South Sudan to ensure the protection of civilians, including internally displaced persons and humanitarian personnel, through strict adherence to international humanitarian law, exercise maximum restraint to prevent harm to civilians in Akobo County, and guarantee safe and unhindered humanitarian access to those in need; reaffirm commitment to the R-ARCSS by addressing security concerns through its established mechanisms, engage in constructive dialogue with relevant stakeholders to prevent further escalation and promote sustainable peace, and keep the Commission informed of steps taken to address these obligations. These conditions of insecurity and fighting continue to infringe on the collective rights of South Sudanese to peace and security as envisioned in Article 23 of the African Charter.
Promotion activities
16. From 18 to 21 November 2025, I participated in the Commission’s Advocacy Mission to Addis Ababa with the newly elected Bureau and several members of the Commission. The mission involved courtesy and advocacy visits to the Chairperson and Vice Chairperson of the African Union Commission (AUC). In addition, I participated in advocacy missions by engaging with delegations from countries of responsibility during the 39th Session of the African Union Summit, which was held from 11 to 15 February 2026, as a Member of the Commission.
17. I also participated in the virtual meetings of the African Union Committee of Experts on Reparations (AUCER) held on 2 and 5 February 2026, convened to review the conceptual framework, roadmap and working methods aimed at developing a Common African Position and a Programme of Action on Reparations. The meetings focused on refining the conceptual foundations underpinning the continental reparations initiative and underscored the importance of a sovereign African-centred approach grounded in the recognition of historical injustices and crimes committed against African peoples, including slavery, colonialism and apartheid. Discussions further highlighted the need to promote restorative justice mechanisms of a structural, transformative and intergenerational nature capable of addressing the enduring socio-economic, political, cultural and environmental consequences of these historical injustices.
18. The deliberations also examined the roadmap and implementation timetable for the reparations process, particularly with regard to the planned submission of the Common African Position to the political organs of the African Union by December 2026, as well as preparations for the Committee’s statutory meetings during the year 2026. In addition, the meetings focused on reviewing and finalizing the Committee’s working procedures, including the adoption of operational protocols and the establishment and structuring of thematic working groups mandated to undertake technical work in areas such as global governance reforms, economic and environmental reparations, cultural and educational dimensions of reparatory justice, communication, public engagement and advocacy strategies. The meetings further considered the challenges associated with mobilizing adequate financial and institutional resources necessary for the effective implementation of the roadmap and stressed the importance of strengthening coordination and collaboration with the legal organs and institutions of the African Union in preparation for the next phases of the reparations process.
19. As the Chairperson of the Working Group on Extractive Industries and the Country Rapporteur for the Republic of Kenya, I was invited to participate in the 10th Anniversary Awards Ceremony of the National Coalition of Human Rights Defenders (Defenders Coalition) in Kenya. The ceremony was conducted on 27 March 2026, and I expressed solidarity with the human rights defenders of Kenya for their courage, underscoring that their activism and defence of human rights represent a necessary condition for the realisation of human rights on the ground. Expressing gratitude for their kind gesture of according me the global solidarity award during the ceremony, I highlighted the importance of human rights defenders in advancing justice, accountability, and protecting vulnerable communities, especially in challenging contexts and how they play a frontline role in addressing issues like environmental harm, inequality, and governance failures, often at great personal risk.
III. Activities undertaken as Chairperson of the Working Group on Extractive Industries, Environment and Human Rights in Africa
20. On 23 October 2025, I convened a panel titled “Confronting the grave environmental crises facing Africa and safeguarding the right to environment.” Representatives of member states and environmental experts gave presentations during the panel. Convened on the basis of a thematic report that I prepared based on inputs received from various stakeholders, the panel provided an opportunity both to canvas the various forms of environmental threats facing the African continent and their implications for human and peoples’ rights, but also for advancing understanding on the protection that the right to a safe environment provided for in Article 24 of the African Charter guarantees. It also helped to use the Panel for introducing the work of the Working Group relating to the resolution mandating it to develop a general comment on Article 24 of the African Charter.
21. Within the framework of leading the conduct of a study on climate change entrusted to the Working Group, I was requested by the African Commission to develop the African Commission’s legal opinion in response to the invitation by the Court for the African Commission to provide input towards the Court’s advisory opinion on the human rights obligations of states in the context of climate change. To this end, I convened a consultation with experts on 21 November 2025. The consultation helped to receive inputs and insights from participants with diverse expertise on the issues that needed to be canvased and the principles and legal standards that should inform the legal opinion that the Commission would submit to the African Court in relation to the request for an advisory opinion by the Pan-African Lawyers Union on the obligations of states in the context of climate change.
22. Subsequently, I worked on the legal opinion of the Commission, drawing on not only the input received from the expert consultation but also the soft law instruments of the African Commission and the draft study on climate change that I had the pleasure of conducting under the authority of the Commission was finalised. Upon its completion, the legal opinion of the African Commission was submitted to the African Court on 31 March 2026, through the established channel for channelling communications to the African Court.
23. During the intersession period, I also worked on mobilizing support for the implementation of some of the strategic priorities of the Working Group, most notably the convening of a continental forum on extractive industries, business, environment and human rights and the development of the general comment on Article 24 of the African Charter. Following receipt of funds for these priority areas, I spent the months following the AU summit in February 2026 working with the Secretariat in the conceptualization and organization of the convening of the Continental Forum for the first time outside of the public session of the Commission and as a standalone platform.
24. Eventually, from 5 to 6 May 2026, in Dakar, Senegal, I led the convening of the Commission’s Regional Forum on Extractive Industries, Business, Environment and Human Rights in Africa. This Continental Forum was held under the theme ‘Advancing Responsible Extractive Governance in Africa in the context of the global rush for critical minerals: Insights from 40 years of promotion of the African Charter on Human and Peoples’ Rights.’ The conference, opened by the Minister of Mining and Petroleum of Senegal, brought together 84 participants from state representatives, several AU institutions, experts, environmental human rights defenders, civil society actors, and representatives of affected communities. It served not only for sharing of experiences on extractive industries and human rights in Africa and platforming the experiences of affected communities, but also for identifying emerging trends and legal, policy and institutional avenues for advancing human and peoples’ rights-based and sustainable use of natural resources for the uplifting of the standard of living of Africans. The Forum concluded with the adoption of a declaration identifying best practices and principles and actionable steps for follow-up.
25. Additional to but within the framework of the Forum, I also convened an expert consultation to receive input on the draft outline for the drafting of the general comment on Article 24 of the African Charter. For purposes of this consultation, I prepared and presented a background report together with a draft outline for the General Comment. The report drew on the thematic report that I presented during the 85th Ordinary Session of the Commission and will be uploaded alongside the draft outline to inform and guide public input in the development of the General Comment.
26. The consultation helped to receive rich expert input for enriching and refining the draft outline. The updated version of the outline will now be published on the website of the commission for inviting input of proposed content to form part of the different sections of the general comment from states parties, NHRIs, CSOs, affected communities, environmental rights defenders, experts and the wider African public. I would like to call on all of you to check the call for inputs and make submissions that will constitute the basis for the elaboration of the content of the general comment.
IV Activities undertaken as Chairperson of the Resolutions Committee
27. In my capacity as Chairperson of the Resolutions Committee, I, along with members of the Committee, Hon. Commissioner Ourveena Geereesha Topsy-Sonoo, and Hon. Commissioner Salma Sassi, engaged in the processing of various draft resolutions that were initiated for consideration in the plenary of the African Commission during the 85th ordinary session. Following the consideration and review of eleven draft resolutions submitted to the Resolutions Committee during its meeting held on 28 October 2025, the members of the Committee decided to propose ten of the draft resolutions for revision and presentation to the plenary of the Commission, while deciding not to proceed with the presentation of the remaining draft resolution.
28. Similarly, I also engaged in the activities of the Resolutions Committee as indicated earlier during the 39th extra-ordinary session and the 86th and 87th Ordinary Sessions.
V Monitoring of the human rights situation with respect to countries of responsibility during the intersession period
29. During the intersession period, I continued to monitor the human rights situation of the countries of my responsibility, namely Kenya, Nigeria, Seychelles, South Africa and South Sudan. In line with Article 45 (2) of the African Charter and the established practice of the Commission and the Rules of Procedure of the African Commission, my engagements in the intersession period included, beyond monitoring trends, protection activities undertaken in respect to these countries through the initiation of protection measures through press statements and urgent letters of appeal.
Kenya
30. During the intersession period, various human rights developments have been observed. These are characterised by, among others, restricted civic space involving threats to the freedom of the media and access to information, the instrumentalization of legal instruments to constrain the use of new media for social activism, public protests and incidents of abduction and arbitrary detentions and non-implementation of court order prohibiting execution of arrests by people in civilian clothes, the covering of faces by law enforcement personnel and the use of unmarked cars. The lack of progress in the investigation of the use of excessive force that led to deaths and injuries during public protests in 2024 and 2025 continues to fuel an environment of impunity. The socio-economic stress that the most vulnerable segments of society face in the face of rising cost of living and taxes remains another area of concern.
31. As I continue to urge systematic and decisive resolution of the longstanding issue of police brutality, I welcome the decision of the High Court in Kisumu County, which issued a landmark judgment in favor of the 2024 Finance Bill protest victims. The High Court awarded the tune of Ksh. 38,6 million in compensation to victims and families affected by police brutality during protests in Kisumu. The judgment represents a significant step toward ensuring accountability, justice, and effective remedies for violations of fundamental human rights and reaffirms the protection of rights enshrined in the Constitution of Kenya, namely Articles 26 (the right to life), 27 (equality and freedom from discrimination), 28 (human dignity), and 29 (freedom and security of the person).
Nigeria
32. A review of the human rights situation in Nigeria during the intersession period highlights a concerning trend characterised by protracted insecurity, violations that at times involve mass atrocities committed by both state and non-state actors, and significant threats to fundamental freedoms.
33. I remain deeply concerned about the worsening security situation in Nigeria, marked by persistent killings and the targeting of civilians. Recent incidents highlight a troubling pattern of violence by armed groups, bandits and armed militias, with communities in several regions facing mass killings, abductions, and indiscriminate attacks, including attacks on schools and the abduction of school children. I am equally alarmed by reports of civilians caught in military airstrikes, including deadly incidents at markets and populated areas, which underscore serious concerns regarding the protection of civilians and accountability in the planning and execution of security operations by the armed forces of Nigeria. The continued insecurity in Zamfara State, alongside widespread kidnappings across various parts of the country, further reflects the scale and complexity of the crisis, with armed groups carrying out attacks that result in loss of life, displacement, and fear among already vulnerable communities. These trends call for urgent, coordinated, and rights-based responses to safeguard lives and restore security.
34. I also note with concern the arrest of journalists for alleged violations of cybercrime laws, including defamation for exposing political crises in the country. Such acts not only threaten civic freedom but also endangers the right to be free from arbitrary deprivation of liberty and the right to due process of the law.
Seychelles
35. During the intersession period, I noted some positive developments in the Republic of Seychelles. Starting in 2026, Seychelles has declared 1 February as an officially recognised public holiday to commemorate the abolition of slavery.
36. The Commission welcomes on 25 March 2026, the swearing in of a Commission of Inquiry to investigate the incident that occurred at Montagne Posse Prison in December 2024 that led to the death of two inmates. However, considering the delay that this marks since the occurrence of the serious incident in December 2024, the Commission urges speedy processing of the investigation. The Commission also reiterates the recommendations it proffered to the Republic of Seychelles during its promotion mission in 2025, that armed forces are deployed to support police only very exceptionally and under circumstances that are narrowly prescribed by the law. Even in such cases, only those elements of the armed forces specifically trained in the rules of engagement of managing riots and human rights standards that apply for law enforcement, including most particularly on the use of force as specified in the African Commission’s Guidelines on upholding human and peoples’ rights in conditions of states of emergency or disaster.
South Africa
37. During the period under review, we follow with commendation the conduct of the Madlanga Commission of Inquiry and the contribution that this process will make in establishing accountability for abuse of power. We urge full cooperation of all state agencies with the Commission.
38. Since the issuance of the statement on xenophobic attacks, I continued to follow with growing concern the continuation of the xenophobic violence targeting vulnerable nationals from other African countries. While the Commission notes that the violent acts towards nationals of other African countries are being perpetuated by vigilante groups, we wish to remind the Government of South Africa that it bears responsibility not only to respect the rights guaranteed in the African Charter for all people under its jurisdiction, including non-nationals, but also to protect such rights from attacks by third parties. This underscores the need for South Africa to assume its full responsibility and adopt all the necessary measures to bring to an end the those engaged in Operation Dudula and similar vigilante violence against nationals of other African states living in South Africa.
South Sudan
39. During the reporting period, the human rights situation in South Sudan remains deeply concerning, marked by persistent conflict and entrenched impunity. There is a continued pattern of violations of international human rights and humanitarian law by all parties to the conflict, including killings of civilians, disruption of humanitarian aid access and large-scale displacement.
40. Food insecurity has reached alarming levels, with millions facing acute hunger and children particularly affected by malnutrition, raising fears of famine in some areas. These conditions are compounded by political tensions and delays in the transitional process, contributing to a fragile security environment and increasing the risk of further deterioration, including a potential relapse into wider conflict.
VI Activities undertaken as Focal Point on Human Rights in Conflict Situation
41. In pursuit of the implementation of the African Commission’s Resolution ACHPR/Res. 485 (EXT.OS/XXXIII) 2021, deciding to commemorate the 1994 genocide against the Tutsi in Rwanda during the period of commemoration, I issued a statement on the 32nd Anniversary, urging the African Union and its member states to reverse the disregard of the promise of ‘never again’ made in honor of the victims of the 1994 genocide against the Tutsi. Statements have also been issued particularly in relation to South Sudan on human rights violations in the context of the new waves of armed hostilities.
VII Activities undertaken as Focal Point for the Study on AI, new and emerging technologies and human and peoples’ rights
42. Following the updating of the draft Study on the basis of the inputs received by the technical expert supporting the study, I am in the process of finalising the final revision of the Study to make it ready for presentation to the Commission for its consideration and adoption during the upcoming private session of the Commission in July 2026.
VIII Activities undertaken as Focal Point for the Study on the Impact of Climate Change on Human and Peoples’ Rights
43. As the focal point for the Study on Impact of Climate Change, I worked on the editing, final revision, and updating of the copy of the study prepared following inputs received from the public. Prior to the presentation of the Study during the private segment of the 87th Ordinary Session of the African Commission on Human and Peoples’ Rights held from 24 April to 4 May 2026, I convened a meeting with the consultant, Professor Ademola Jegede, on 1 May 2026 to prepare for the presentation of the Study before the plenary. During the presentation on 2 May 2026, I presented the key issues addressed by the study and the major highlights from the study, along with the background to and rationale for the study, before the consultant proceeded with a detailed presentation on the substantive findings of the Study.
44. After receiving comments and input from the members of the Commission, I worked on the incorporation of the extensive comments and recommendations. Following the conclusion of the preparation of the final copy of the study by incorporating the comments, I prepared a report requested by the Commission on the incorporation of the Commissioners’ comments into the Study and also drafted a resolution on the development of guidelines on the protection of human and peoples’ rights in the context of climate change, in line with the recommendations and ruling of the Commission.
IX. Conclusion and Recommendations
45. Finally, from the monitoring work of the Working Group during the intersession period, we observe with concern the serious human rights issues associated with natural resources on the continent during the intersession period. The first of these concerns the recent announcement by the Democratic Republic of the Congo regarding the establishment of a paramilitary mining guard to secure extractive sites, which raises serious concerns from the perspective of human rights, environmental governance, and accountability within the extractive sector.
46. The Working Group notes that while States have the sovereign responsibility to protect strategic national resources and address insecurity linked to illegal exploitation and armed conflict, the increasing militarization of mining operations risks exacerbating violence, intimidation, and human rights violations against local communities, artisanal miners, environmental defenders, and civil society actors, particularly in already fragile and conflict-affected areas. There are indications that the proposed force would be deployed to secure critical mineral supply chains and mining investments amid growing geopolitical competition over strategic minerals.
47. I would like to remind the DRC in my capacity as Chairperson of the Working Group that any security arrangements linked to extractive activities must be transparent, subject to independent civilian oversight, compliant with international human rights and humanitarian law standards, and accompanied by effective safeguards against abuses, impunity, environmental harm, and the further marginalization of affected communities. It is also of preeminent human rights significance that the DRC exercises direct and full command and control to ensure both compliance with these standards and accountability for any breaches. I also wish to remind the DRC that it bears direct and full responsibility for any breaches that such a force commits, in addition to the responsibility that the entity itself bears for any such breaches. Particular attention must also be paid to ensuring that the pursuit of critical minerals for the global energy transition does not fuel renewed conflict, displacement, repression, or exploitation in Africa.
48. The other issue that the Working Group wishes to highlight in the context of our monitoring during the intersession period relates to harassment of environmental and land rights advocates and defenders, as well as affected communities. There is an increasing use of Strategic Lawsuits Against Public Participation (SLAPPs) and other forms of intimidation targeting climate and environmental journalists in Africa. Recent reports reveal a troubling pattern of harassment, threats, arbitrary arrests, and retaliatory legal actions aimed at silencing reporting on environmental degradation, climate change, and extractive industry abuses. Such actions undermine freedom of expression, press freedom, and the public’s right to access information. Environmental journalism is essential for transparency, accountability, and sustainable environmental governance. The Working Group strongly condemns all attacks and reprisals against journalists and media practitioners and urges African Union Member States to adopt safeguards against SLAPPs, ensure accountability for violations, and protect journalists and environmental defenders from intimidation and harassment.
49. Conversely, I do note with appreciation the Republic of Ghana’s decision to ban mining activities in forest reserves as part of efforts to curb environmental degradation, deforestation, and the pollution of critical water bodies. The Working Group remains concerned about the scale and nature of the environmental damage that the phenomenon of galamsey is causing and its emergence into a national human rights emergency. In this context, the Working Group is working on an advisory note addressed to Ghana not only expressing concern and indicating its alarm at the scale of the crisis and its serious human and peoples’ rights implications but also calling for and identifying steps that are necessary both to rectify the governance gaps and lapses that precipitated the emergency and advance measures for the rehabilitation of both groups adversely impacted by the crisis and the affected environment drawing on the African Charter standards including the soft law instruments developed by the Working Group.
Recommendations
To African Union Member States
50. States should recognize and protect environmental human rights defenders by preventing intimidation, reprisals, criminalization, and attacks; conducting prompt and impartial investigations into threats and killings; ensuring accountability for perpetrators; and creating safe civic space for advocacy, public participation, and environmental monitoring.
51. States should ensure that revenues generated from extractive industries are managed transparently and equitably through strengthened public financial management systems, parliamentary oversight, and anti-corruption safeguards, with a particular focus on ensuring socio-economic benefits for affected communities.
52. States should integrate climate change obligations into extractive governance frameworks by adopting measures that balance the right to development with pursuing decarbonization pathways; strengthening renewable energy transitions; and ensuring that the global demand for critical minerals does not result in new forms of exploitation, extractivism, environmental destruction, or violations of community rights.
States should adopt regional cooperation mechanisms on transboundary environmental harm, illicit financial flows, and responsible mineral supply chains to prevent regulatory gaps and strengthen collective accountability across the continent.
To Extractive Industry Corporations and Private Actors
53. Business enterprises operating in the extractive sector should adopt and implement mandatory human rights due diligence frameworks aligned with the African Charter and international human rights standards.
54. Private actors should establish community-centred remediation mechanisms and invest in environmental rehabilitation, sustainable livelihoods, and long-term community development.
To the African Union and Regional Bodies
55. The African Union should accelerate the development of a binding regional treaty on Business and human rights and normative guidance on climate change, extractive industries, and environmental governance.
II. Recommendations as Country Rapporteur
Kenya
The Government of Kenya should:
• Undertake comprehensive police reforms aimed at addressing the persistent pattern of excessive use of force, unlawful killings, enforced disappearances, arbitrary arrests, and torture linked to public protests and law enforcement operations.
• Ensure full implementation of court judgments relating to victims of police brutality, including prompt payment of compensation, rehabilitation measures, and institutional guarantees of non-recurrence.
• Strengthen independent oversight institutions, including the Independent Policing Oversight Authority (IPOA), with adequate funding, operational independence, and enhanced investigative powers to ensure accountability for abuses committed by security forces.
• Adopt targeted measures to address socio-economic inequalities and youth grievances that contribute to recurring unrest, while strengthening meaningful public participation in governance and fiscal policy processes.
Nigeria
The Government of Nigeria should:
• Urgently adopt a comprehensive and human rights-based national security strategy to address terrorism, banditry, kidnappings, and intercommunal violence while ensuring full compliance with international human rights and humanitarian law.
• Strengthen civilian protection mechanisms in conflict-affected areas through early warning systems; improved intelligence coordination; community-based protection initiatives; and enhanced accountability within security operations.
• Conduct prompt, independent, transparent, and impartial investigations into attacks against civilians, including incidents involving military airstrikes on populated areas, and ensure accountability and reparations for victims.
• Prioritize the protection of children from abductions and attacks by strengthening school protection initiatives, improving security in vulnerable communities, and enhancing support services for survivors.
• Review and repeal provisions of cybercrime, defamation, and insult laws that are inconsistent with regional and international standards on freedom of expression and media freedom.
• Cease arbitrary arrests and intimidation of journalists, bloggers, and civic actors and ensure full respect for due process guarantees.
• Address the root causes of insecurity, including poverty, unemployment, corruption, marginalization, weak governance, and competition over natural resources.
Seychelles
The Government of Seychelles should:
• Continue advancing transitional and historical justice initiatives, including awareness around the abolition of slavery and broader measures promoting social cohesion, inclusion, and equality.
• Strengthen oversight, accountability, and human rights protections within places of detention by ensuring that prison conditions comply with regional and international human rights standards, including the United Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules), including measures to address overcrowding, improve access to healthcare and psychosocial support, strengthen rehabilitation and reintegration programs, and ensure the protection of detainees from ill-treatment and abuse.
• Guarantee regular and independent monitoring of detention facilities by relevant oversight bodies, including the Seychelles Human Rights Commission, while ensuring that detainees have access to effective complaint and remedy mechanisms
South Africa
The Government of South Africa should:
1. Take urgent and comprehensive measures to combat xenophobia, hate speech, incitement to violence, and vigilante conduct targeting non-nationals and migrants.
2. Ensure prompt, impartial, and effective investigations into all incidents of xenophobic violence and hold perpetrators accountable through fair judicial processes.
3. Authorities should strengthen preventive measures against xenophobic mobilization through public education campaigns, community dialogue initiatives, and support for social cohesion programs.
4. Ensure that law enforcement agencies effectively protect all individuals under the Republic’s jurisdiction, regardless of nationality or immigration status, in line with the African Charter.
5. Strengthen protections for human rights defenders, grassroots activists, and community organizers, including by investigating threats, killings, and intimidation directed against such individuals and implement recommendations contained in General Comment No. 3 on the Right to Life and strengthen measures addressing politically motivated violence and attacks on activists; and
6. Strengthen socio-economic inclusion policies that address unemployment, inequality, and local tensions that contribute to xenophobic scapegoating.
South Sudan
The Government of South Sudan should:
• Urgently recommit to the full implementation of the Revitalized Agreement on the Resolution of the Conflict in the Republic of South Sudan (R-ARCSS), including through inclusive political dialogue, security sector reform, transitional justice measures, and preparations for credible democratic processes.
• Immediately halt indiscriminate attacks, ethnically targeted violence, and attacks on civilian populations, including incidents involving the misuse of humanitarian assistance.
• Strengthen accountability measures by operationalizing transitional justice institutions envisaged under the R-ARCSS, including the Hybrid Court for South Sudan.
The Government of South Sudan and all parties to the conflict should immediately cease hostilities and fully comply with international human rights and humanitarian law obligations. All parties should ensure the protection of civilians, internally displaced persons, humanitarian workers, and United Nations personnel through strict adherence to the principles of distinction, proportionality, legality, and necessity.
