85th Ordinary Session of the African Commission on Human and Peoples’ Rights
Banjul, 15th October 2025
Intersessional Activity Report
Presented by Hon. Commissioner Maria Teresa Manuela
Special Rapporteur on Prisons, Conditions of Detention and Policing in Africa
Table of Contents
I - INTRODUCTION 3
II - ACTIVITIES CARRIED OUT DURING THE INTER-SESSION PERIOD 4
A - IN MY CAPACITY AS A MEMBER OF THE AFRICAN COMMISSION 5
B – IN MY CAPACITY AS SPECIAL RAPPORTEUR ON PRISONS, CONDITIONS OF DETENTION AND POLICING IN AFRICA 6
C – IN MY CAPACITY AS AS COUNTRY RAPPORTEUR 7
D – SITUATION OF PRISONS AND THE STUDY ON PRISONS AND CONDITIONS OF DETENTION 11
– Developments 11
III – SITUATION OF THE STUDY ON PRISONS IN AFRICA 14
A – Positive Developments
B – Constraints
IV – CONCLUSION 16
I. INTRODUCTION
SECTION I– INTRODUCTION
1. This Report is submitted pursuant to Rules 25(3) and 64 of the 2020 Rules of Procedure of the African Commission on Human and Peoples’ Rights (the Commission), which require each subsidiary Mechanism and each Member of the Commission to present, at every Ordinary Session, a written report on the activities carried out between two ordinary sessions.
2. The report focuses on the situation of prisons, conditions of detention and policing in Africa, in accordance with the mandate conferred to the Mechanism, namely: to assess the situation of persons in detention; to assess the state of prisons and conditions of detention in Africa and to make recommendations for improvement; to advocate for adherence to the Charter and to international human rights norms and standards relating to the rights and conditions of persons in detention; to examine the relevant national legislation and regulations in the respective State Parties as well as their implementation, and to make appropriate recommendations on their conformity with the Charter and other international laws and standards.
3. Furthermore, as regards the Police, the Mechanism is mandated to undertake studies on relevant issues relating to policing and human rights in Africa and to identify best practices in this regard; to take measures to ensure that police and human rights issues are considered and reflected in the Commission’s mandate; to disseminate the Commission’s Guidelines on the Conditions of Arrest, Police Custody and Pre-Trial Detention in Africa and other relevant instruments and to encourage their implementation by State Parties; and to work with other Special Mechanisms of the Commission on cross-cutting issues related to policing and human rights.
4. This mandate derives directly from Article 6 of the Charter, which provides as follows: “Every individual shall have the right to liberty and to the security of his person. No one may be deprived of his freedom except for reasons and conditions previously laid down by law. In particular, no one may be arbitrarily arrested or detained.” It also finds subsidiary grounding in Article 4 — “…every human being shall be entitled to respect for his life and the integrity of his person…”; Article 5 — “…respect for the inherent dignity of the human being…”; and Article 7 - “…the right to appeal to competent national organs against acts violating fundamental rights; the right to be presumed innocent until proven guilty by a competent court; the right to be tried within a reasonable time; and no penalty may be inflicted for an offence for which no provision was made at the time it was committed…”.
5. Accordingly, this report is presented in my capacity as a Member of the African Commission on Human and Peoples’ Rights (the Commission); as the Special Rapporteur on Prisons, Conditions of Detention and Policing in Africa (the Special Rapporteur); as a Member of the Working Group on the Death Penalty; and as a Member of the Working Group on Communications. It also outlines activities undertaken in my capacity as Country Rapporteur for the implementation of human rights in five (5) Lusophone African countries, namely: Cape Verde, Guinea-Bissau, Equatorial Guinea, Mozambique and São Tomé and Príncipe.
6. It covers activities carried out during the period between the 81st and 83rd Ordinary Sessions, that is, from 1 October 2024 to 1 May 2025, and aligns with the objectives provided in the implementation matrix of the annual plan deriving from the 2021–2025 Strategic Plan.
7. The report is divided into five (5) parts, namely: Introduction; Activities Carried Out; the Human Rights Situation in the Countries that fall under my mandate; progress as regards the Study on Prisons; and Recommendations.
II. ACTIVITIES CARRIED OUT DURING THE INTER-SESSION PERIOD
8. During this period, I participated in activities organised by the Commission, by the Mechanism, by other Mechanisms of which I am a member, and in meetings convened by partners whose subject matter was of interest to the African Commission, as they contribute towards strengthening cooperation and promoting the work carried out by the Commission. The following section provides a summary of the activities undertaken.
A. IN MY CAPACITY AS A MEMBER OF THE AFRICAN COMMISSION
(i) PARTICIPATION IN STATUTORY SESSIONS
9. In my capacity as a Member of the African Commission, I participated in the 84th Ordinary Session of the Commission, held virtually from 21 to 30 July. During this Session, a number of issues were addressed, including the review and adoption of decisions on Communications; the review and adoption of internal documents and new instruments necessary for the proper functioning of the Commission; and the consideration of Comments on the State reports submitted under Article 62 of the African Charter. The Commission also examined reports on studies, papers, and the Strategic Plan for 2026 – 2028, and, lastly but not least, adopted a new format for subsequent sessions, given the current financial constraints. The final communiqué may be consulted on the Commission’s website.
10. On 19 June, I took part in the 38th Extraordinary Session, during which the matters to be discussed at the 85th Ordinary Session were reviewed, internal issues were deliberated on, and, in particular, the new session format was formally adopted. The final communiqué is available on the website.
11. On the same day, I also participated in the consultative meeting between the Peace and Security Council and the ACHPR, held pursuant to Article 23 of the African Charter and Article 3(f) of the Protocol establishing the Peace and Security Council, with a view to strengthening institutional coordination and promoting a rights-based approach to conflict prevention and response. Both meetings were conducted virtually.
(ii) PARTICIPATION IN PROMOTION MISSIONS
12. I participated in the Promotion Mission to the Republic of Ghana that took place from 29 September to 3 October, led by the ACHPR Vice-Chairperson, Hon. Janet Ramatoulie Sallah-Njie, and composed of Commissioners Hon. Solomon Ayele Derso, Hon. Hatem Essaem, and Hon. Mudford Z. Mwandenga. Preceded by a series of preparatory activities, the mission followed a pre-determined schedule and yielded positive outcomes.
13. In engagements with government bodies, UN offices based in the country, the National Commission on Human Rights and Administrative Justice, and civil-society organisations, it was possible to appreciate the State’s commitment to ensuring the implementation of human rights throughout its territory, as well as the challenges that persist in this regard.
14. Visits were carried out to a medium-security prison and to a reception centre for minors in need of social protection, including those in conflict with the law. Further comments on these visits are presented in the relevant section of this report.
(iii) LETTERS OF APPEAL AND LETTERS OF CONCERN
15. Still in my capacity as a Member of the Commission, and jointly with Hon. Commissioner Idrissa Sow, a Letter of Concern was sent in October of the current year to Mozambique, regarding allegations of human-rights violations against civilians within its territory. A response from the State concerned is awaited.
(iv) ACTIVITIES UNDERTAKEN WITHIN OTHER MECHANISMS OF THE COMMISSION
16. On 25 June, I took part in a meeting of the Working Group on Communications, chaired by the Hon. Chairperson of the Commission and attended by Hon. Commissioner Idrissa Sow. The meeting discussed matters relating to the administrative processing of Communications, as well as the outcome of the Narrative Audit on the status of Communications.
17. On 3 July, I participated in the consultation on the revised draft study on death penalty in Africa, the overall objective of which was to strengthen the Commission’s capacity to address issues relating to death penalty. The consultation contributed to gathering opinions for the improvement of the study and to discussing concrete steps towards its finalization.
B. IN MY CAPACITY AS SPECIAL RAPPORTEUR ON PRISONS, CONDITIONS OF DETENTION AND POLICING IN AFRICA
18. During the 83rd Ordinary Session, I held several bilateral and some multilateral working meetings with partners of the Mechanism. These meetings provided an opportunity to review a wide range of matters concerning cooperation, as well as the updating and exchange of information on prisons, policing, and detention conditions across various countries.
19. The Mechanism’s longstanding partners renewed their commitment to continued collaboration, while new partners, particularly those joining in connection with the ongoing Study, discussed at length the framework and modalities for fruitful cooperation.
C. IN MY CAPACITY AS COUNTRY RAPPORTEUR
20. In this section, I provide a brief summary of the activities carried out in monitoring the implementation of human rights as set forth in the African Charter.
1. CAPE VERDE
21. The human rights situation in Cape Verde has remained stable. Reports of serious human rights violations have not come to the Commission’s attention. The country enjoys a strong reputation in terms of freedom of expression and good governance, ranking among the freest nations globally , and its democratic system has successfully ensured peaceful alternation of power.
22. Nevertheless, certain challenges have been reported regarding access to the country by African tourists or visitors. Although the authorities have shown responsiveness in clarifying the circumstances surrounding incidents at border crossings involving African visitors, the persistence of such incidents remains a matter of concern. The Commission encourages the Cape Verdean authorities to intensify efforts to address the issue.
23. In terms of engagement with African Union institutions, Cape Verde remains among the States that have submitted only one periodic report (covering 1987–1996), despite having become a Party to the Charter on 6 August 1986, when it deposited its instrument of ratification. Cape Verde has not signed the Protocol establishing the African Court on Human and Peoples’ Rights, this status of affairs limits the level of human rights protection in the country.
24. It is, however, regrettable to note that the Government of Cape Verde was compelled to declare a state of calamity in the Municipalities of São Vicente (Island of São Vicente), Porto Novo (Island of Santo Antão), Ribeira Brava and Tarrafal de São Nicolau (Island of São Nicolau), following the damage caused by a tropical wave that struck the islands of Santo Antão and São Nicolau in the early hours of 11 August.
25. It is estimated that this natural disaster will affect the country’s food security. It is believed that the Government will take the necessary steps to minimise the suffering of the affected populations.
2. GUINEA BISSAU
26. During the reporting period, it was gratifying to observe that the country remains committed to the process of preparing and submitting its first periodic report to the African Commission on Human and Peoples’ Rights. To that end, Guinea-Bissau has initiated the drafting of a combined periodic report covering the entire period since it deposited its instrument of ratification of the African Charter on Human and Peoples’ Rights (the Charter) on 6 March 1986. It is expected that the combined report will be submitted and reviewed in the coming year.
27. It is equally noteworthy that, after a period of political uncertainty, the country has confirmed that general (presidential and legislative) elections will take place on 23 November of this year.
28. Guinea-Bissau remains one of the few countries that have ratified the Protocol establishing the African Court on Human and Peoples’ Rights and have deposited the declaration allowing direct access by individuals and non-governmental organisations to that supreme human rights judicial body. This constitutes an important milestone in the recognition of African institutions and an expression of confidence in their ability to address African issues.
29. The Commission also welcomes the openness demonstrated by Guinea-Bissau in granting Guinean nationality to people of African descent, a significant step in reconstructing African history and addressing past injustices. Accordingly, a Letter of Appreciation was duly sent to the national authorities.
30. However, during the period under review, Guinea-Bissau also witnessed several human rights concerns.
31. Reports have been received regarding the excessive use of force by security forces; restrictions on the right to peaceful assembly and freedom of expression; and cases of abduction and enforced disappearance allegedly perpetrated against human rights defenders and political opponents. The most recent case involved the assault on the former President of the Guinean League for Human Rights. It is, therefore, recommended that an independent and impartial inquiry be initiated in order to identify those responsible for the criminal act and ensure that they are brought to justice.
32. Although the country has a history of holding elections in a peaceful environment, some reports raise concerns regarding the upcoming general elections scheduled for 23 November. It is hoped that the authorities will take all necessary steps to ensure that the elections are conducted in accordance with national laws and international standards governing such processes.
3. EQUATORIAL GUINEA
33. Equatorial Guinea has recorded notable progress in the economic sphere, particularly with regard to access to basic education and healthcare in urban areas, resulting in improved literacy rates, especially among young people.
34. The country has also made some advances in terms of women’s representation in public administration and the judiciary, although gender equality remains a significant challenge.
35. Nonetheless, major challenges persist in the field of human rights, particularly concerning political freedoms, with emphasis on the exercise of the right to freedom of expression and peaceful assembly.
36. Access to information on the overall human rights situation in the country remains limited; civic space is restricted and civil society remains fragile and underdeveloped.
37. Regarding engagement with African Union institutions, Equatorial Guinea shows a record of weak cooperation and remains among the States that have never submitted periodic reports under Article 62 of the African Charter, despite having ratified it in August 1986.
38. Furthermore, although Equatorial Guinea signed the Protocol establishing the African Court in 1998, it is yet to ratify it. This situation limits the level of human rights protection in the country.
4. MOZAMBIQUE
39. The human rights situation in Mozambique continues to be shaped primarily by security-related issues, owing to the ongoing terrorist insurgency in parts of the country and the post-electoral crisis of this year, which still affects public safety, physical integrity, and fundamental freedoms - particularly, the right to freedom of expression and peaceful assembly.
40. Recently, the Commission received reports of kidnappings, enforced disappearances, assassinations, and attempted killings, including against security officers and law enforcement agents. Populations in certain regions, notably in Mocímboa da Praia, face difficulties returning to their areas of origin. This latter situation prompted the issuance of a Letter of Concern addressed to the Government of Mozambique.
41. With regard to engagement with African Union institutions, Mozambique maintains a good record of cooperation, having submitted its latest periodic report covering the period 2015–2021. Mozambique has ratified the Protocol establishing the African Court on Human and Peoples’ Rights but has not deposited the declaration allowing direct access by individuals and NGOs, which limits the level of human rights protection in the country.
5. SÃO TOME AND PRÍNCIPE
42. The human rights situation in São Tomé and Príncipe has remained stable. No reports of serious or systematic human rights violations have come to the attention of the Commission. However, references persist concerning issues such as child labour and gender-based violence.
43. Regarding engagement with African Union institutions, São Tomé and Príncipe remains among the countries that have not yet submitted their first periodic report, despite having become a Party to the Charter on 28 July 1986, when it deposited its instrument of ratification. São Tomé and Príncipe has not signed the Protocol establishing the African Court on Human and Peoples’ Rights, which limits the degree of protection of human rights in the country.
44. Despite the advocacy conducted with national focal points, there have been difficulties in securing the State’s participation in the initiatives undertaken - unlike in Guinea-Bissau and Cabo Verde, where such efforts yielded tangible results.
45. Nevertheless, efforts will continue to identify suitable modalities for the State to engage with the Commission.
D. SITUATION OF PRISONS AND THE STUDY ON PRISONS AND CONDITIONS OF DETENTION
46. In this section, I address certain matters related to prisons in the countries I have visited and those from which information has been obtained, followed by a brief update on the status of the Study on Prisons.
47. During the reporting period, at the invitation of partners, I travelled in August of the current year to Uganda, accompanied by Mr Pedro Rosa Có, Senior Legal Officer of the Secretariat assisting the Mechanism, and Mr Tim Binsong, the expert responsible for the Study on Prisons, to participate in the Regional Baraza (Consultative Forum). This activity, which has existed for over ten years in the country, focuses on matters relating to litigation on sexual and reproductive health rights, and in this edition specifically on incarcerated women, particularly those convicted for the offence of abortion.
48. Discussions addressed issues relating to criminalisation of abortion; women in detention who are unable, for financial reasons, to access legal assistance; illiterate women who accept judicial decisions without understanding their right of appeal; and the limited opportunities available to women to access humane reproductive healthcare.
49. I took the opportunity to present the work of the Mechanism and to highlight the contribution that ACHPR can make towards improving national legislation in countries where certain offences specifically criminalise women.
50. During meetings with the Minister of Justice, I advocated for training of security and law enforcement personnel and for raising the minimum age of criminal responsibility, which currently stands at twelve (12) years.
51. I also held consultations with various partners working in related areas and encouraged them to actively participate in the ongoing Study.
52. From 16 to 18 September, and at the invitation of the Raoul Wallenberg Institute, I co-organised a High-Level Workshop for Heads of Correctional and Prison Services and participated in the 7th Conference of the African Correctional Services Association (ACSA).
53. The event was held under the theme “Implementation of the ACHPR Resolutions”- a highly pertinent subject that provided an opportunity to address one of the major challenges faced by human rights protection bodies on the continent. Twelve (12) English-speaking African countries were represented.
54. I participated in both the opening and closing sessions, which were chaired by the Principal Secretary of the State Department of Correctional Services, the Permanent Secretary of the Ministry of Interior and National Administration, and the Commissioner General of Prisons of Kenya.
55. The Commission’s contribution to the event was structured around several thematic areas, presented by members of the Mechanism’s delegation:
Overview of the Special Rapporteur Mechanism on Prisons, Conditions of Detention and Policing in Africa
Guidelines, Principles and Resolutions adopted under the Mechanism
Monitoring mechanisms for implementation
The role of State Parties to the African Charter on Human and Peoples’ Rights: Correctional/Prison Services
The role of the civil society;
Challenges identified.
56. A number of conclusions and recommendations were drawn up with a view to fostering closer cooperation.
57. The exchanges focused primarily on prison management, cooperation among correctional services, training of prison personnel, rehabilitation of inmates, granting of parole, promotion of non-custodial sentences, and inter-agency partnerships to address various prison institutional needs, alongside other important considerations. A favourable environment for cooperation was established, and some countries, such as Zimbabwe, accepted the Commission’s offer to provide training for correctional officers. Others are still considering the proposal.
58. However, it was noted that the non-participation of representatives from the Lusophone African countries (PALOP) led to an asymmetry in continental perspectives.
59. During the event, participants visited the Kamiti Maximum Security Prison, where, following tradition, trees were planted to symbolise the relationship of cooperation with visitors. I did so in my capacity as Commissioner of the African Commission.
60. During the visit, information was shared regarding housing conditions, provision of food, and, above all, vocational training programmes for inmates. It was possible to visit an industrial tailoring facility, which produces uniforms for prisoners, prison staff, schools, and other institutions. This constitutes a commendable practice worthy of replication.
61. As it is a high-security prison, and given that interaction with inmates had not been scheduled, direct engagement was not possible. Nonetheless, certain deficiencies were observed in the architectural design of the facilities with respect to the human rights of prisoners. The relevant authorities were duly informed of these issues.
62. During the Promotion Mission to the Republic of Ghana, a visit was scheduled to the Nsawam Medium-Security Prison, which, although well organised, was constrained by time limitations.
63. Several positive aspects deserve highlighting:
64. Success of the prison education programme, where teachers assigned by the Ministry of Education, and thus part of the national education system, deliver classes at various levels. However, they lack specific training to work with inmates.
65. Existence of computer science and chemistry laboratories supporting the educational activities of incarcerated students. Some inmates have already obtained university degrees through this programme.
66. Functioning of the health unit, particularly the clinical laboratory, enabling diagnosis and adequate medical treatment for prisoners.
67. Still with regard to Prisons, the Republic of Cameroon was also acknowledged for the progress achieved in education within prisons, enabling several inmates to sit for national higher education examinations.
68. Meetings were held with medical staff and laboratory officers, confirming that they are familiar with and apply human rights–based approaches in correctional practice.
69. However, certain challenges persist, notably severe overcrowding, which exceeds the official capacity by more than 360%, inadequate kitchen facilities, and the delayed adoption of legislation on alternative sentencing. These matters will be addressed in a report to the State Party concerned.
E. SITUATION OF THE STUDY ON PRISONS
70. During the Extraordinary Session, an extension of the deadline for completion of the Study was requested, with the substantive reasons duly presented. The requested extension was granted through Resolution 636 (LXXXIII) 2025, adopted in May of this year.
71. In this regard, it is important to highlight the notable progress achieved in aligning the Study with its main objectives and the timelines established. Accordingly, a brief report on the matter is annexed hereto.
F. CONSTRAINTS
72. As in any activity, financial limitations remain a major constraint to the advancement of the Study, and the steps currently being undertaken have not yet yielded tangible results.
73. Another significant constraint is the absence of a dedicated legal officer directly responsible for this activity, one who would collect and disseminate data to the relevant stakeholders. Efforts are being made to assign an additional legal officer to assist Mr Pedro, in order to better support the activities of the Mechanism, considering that he also coordinates other substantial “portfolios” within the Secretariat.
III. GENERAL RECOMMENDATIONS
A. REGARDING THE PRISON SYSTEM
74. These recommendations are reiterated, as they were made in the previous report. Therefore, it is worth reiterating the recommendations of the last report presented, due to some positive developments. Therefore, the Mechanism continues to:
i. Encourage State Parties to participate actively by collaborating and authorising duly accredited partners to work on data collection for the successful completion of the Study;
ii. Urge State Parties to authorise visits by the Mechanism in order to allow direct contact with prison conditions and to foster constructive dialogue aimed at devising context-specific solutions;
iii. Promote the sharing of best practices in prison management across the continent, in line with the Arusha Declaration of 1999;
iv. Expand the cooperation network to enable other State entities, particularly those forming part of the justice system, together with NHRIs, private entities, universities and NGOs, to contribute, where possible, to addressing challenges in prison administration;
v. Encourage State Parties to apply non-custodial sentences provided for in their domestic laws in certain cases, to alleviate the almost endemic overcrowding observed in prison facilities;
vi. Appeal to NHRIs and civil-society organisations working on prison-related issues to ensure effective participation in the ongoing Study, so that it may be completed successfully; and
vii. Urge partners who organise seminars on prison infrastructure to consider extending these to Portuguese-speaking countries, so that all African States may attain the same level of knowledge and understanding of these matters.
B. REGARDING THE POLICE
75. In this regard, I also reiterate the recommendations made in the previous report, with particular emphasis on the following:
i. Urge States to authorise and facilitate training programmes on the instruments adopted by the Commission, and, where such programmes already exist, to ensure their regular updating, with a view to strengthening the balance between “respect for and protection of human rights and the maintenance of public order and security”;
ii. Encourage States to consider establishing External Oversight Bodies for law-enforcement and security agencies, thereby enabling the submission of complaints and the independent investigation of alleged abuses of power; and
iii. Appeal to the Mechanism’s partners to continue providing the necessary technical support to ensure the continued publication and dissemination of the “Police and Human Rights” Newsletter.
C. WITH RESPECT TO THE COUNTRIES UNDER MONITORING
76. In view of the situations outlined above, the following recommendations are addressed to the five (5) countries under my monitoring responsibility regarding the implementation of human rights:
i. Commend the inclusion of the National Commission for Human Rights and Citizenship as an affiliated member of the African Commission, thereby positively consolidating years of dedicated efforts;
ii. Encourage the Governments of the Republic of Cape Verde, the Democratic Republic of São Tomé and Príncipe, and the Republic of Guinea-Bissau to continue efforts to fulfil their obligations under Article 62 of the African Charter, Article 26 of the Maputo Protocol, and Article 14 of the Kampala Convention;
iii. Urge these States to take the necessary steps to ensure their participation in the sessions of the African Commission and to submit bids to host one of the Commission’s sessions in their respective countries;
iv. Encourage the Republic of Mozambique to advance its expressed intention to host a session of the African Commission; to authorise a promotion mission; and to facilitate training for law-enforcement officials on the instruments adopted by the ACHPR in these areas; and
v. Invite the Republic of Equatorial Guinea to resume its participation in the sessions of the Commission, to re-establish interaction with it, and to take the necessary steps towards preparing and submitting its State Report on the implementation of the human rights provisions of the African Charter, in accordance with Article 62 thereof.
IV. CONCLUSION
77. In conclusion, I wish to express my gratitude to all those who continue to make efforts towards the success of this Mechanism:
i. In particular, I wish to acknowledge the support I have received from certain State Parties to the African Charter, which has enabled me to pursue this mission, a complex and delicate task, given that if human rights in general already present a dilemma, the human rights of prisoners, who remain invisible behind prison walls, are even more sensitive to address. Nevertheless, it is essential to have the courage to lift the veil and to speak candidly about what actually occurs in prisons and detention facilities.
ii. My sincere appreciation also goes to the partners who have accompanied us throughout this journey; it would be superfluous to list them here, as our cooperation has been longstanding and extensive. I hope that we shall continue to stand firm in our shared objective: to transform prisons into spaces where human rights are both promoted and respected, for the benefit not only of prisoners but also of the personnel who serve within these institutions, thereby changing the prevailing paradigm of understanding.
iii. I further express my gratitude to the new partners of the Mechanism, engaged in connection with the Study on Prisons and Conditions of Detention, trusting that this marks the beginning of a fruitful and enduring collaboration with the African Commission. I encourage all partners to embrace this herculean challenge, for it is vital to give a voice to those who are incarcerated.
iv. Together, State Parties, NHRIs, academic and religious institutions, civil-society organisations, and other partners, we must work collectively to conduct in-person training sessions aimed at disseminating the Commission’s publications on the promotion and respect of human rights, particularly those pertaining to this Mechanism.
Luanda, 15 October, 2025.-
Maria Teresa Manuela
Comissioner
