The African Commission on Human and Peoples' Rights (the Commission) convened at its 80th Ordinary Session from 24 July to 2 August 2024
Recalling the Commission's mandate to promote and safeguard human and peoples' rights in Africa, as outlined in Article 45 of the African Charter on Human and Peoples' Rights (the African Charter);
Considering the provisions of the African Charter, particularly Article 7, which guarantees every individual the right to have their case heard, and Article 18, which addresses women's rights, including the elimination of discrimination against women;
Recognizing the Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa (the Maputo Protocol), which recognizes women's equal rights before the law, their right to equal protection and benefit of the law, and States responsibility to ensuring effective access for women to judicial and legal services, including legal aid;
Noting the provisions of the African Charter on the Rights and Welfare of the Child, which affirm the equal rights of girls and boys and the rights of children to be heard in all judicial proceedings affecting them;
Acknowledging the obstacles to accessing justice at both national and regional levels, along with the limited number of cases pertaining to the rights of women and girls brought before the Commission, the African Court on Human and Peoples’ Rights (the Africa Court), and the African Committee of Experts on the Rights and Welfare of the Child (ACERWC);
Bearing in mind the fact that access to courts, including local, regional, and international levels, is being hindered by various social and procedural factors, often making the legal avenue beyond the reach of millions of African women and girls;
Acknowledging that litigating the rights of women and girls continues to pose a significant challenge;
Recognizing that litigation can significantly enhance the promotion and protection of women's and girls’ rights in Africa by addressing systemic gender discrimination and holding governments accountable for upholding women's and girls’ rights;
Reaffirming the principles enshrined in Article 4 of the Constitutive Act of the African Union (AU), particularly Article 4 (l), which highlights the promotion of gender equality;
Mindful of the AU's Agenda 2063, particularly Aspiration 3, which envisions an Africa where there is affordable and timely access to justice for all, and Aspiration 6, which envisages an Africa driven by its people with a focus on harnessing the potential of African women and youth and safeguarding marginalized groups of women;
Underlining AU’s Agenda 2040 for an Africa Fit For Children, particularly Aspiration 8, which provides that children should benefit from a child-sensitive criminal justice system, and Aspiration 10, which reaffirms that African Children’s views matter;
Considering the AU Strategy for Gender Equality & Women's Empowerment, which specifically addresses how high legal fees and the lack of free legal aid for women hinder the realization of women’s rights;
Acknowledging the significant influence of the limited number of cases handled by the three Organs, which have not only advanced the discussion on women's rights but also affirmed the practical realization of these rights;
Highlighting the significance of recognizing and addressing the obstacles that impede the initiation of women's rights litigation before the three Organs;
Mindful of the Memorandum of Understanding between the Commission, the African Court, and the ACERWC, which serves as a pivotal framework facilitating collaborative efforts among these entities, aiming to enhance the effectiveness of their collective actions in promoting and protecting human rights;
THE COMMISSION RESOLVES TO:
1. Develop a Joint Analytical Study that assesses the challenges contributing to the insufficient litigation of cases relating to the rights of women in the Commission and the African Court;
2. Develop a Joint Analytical Study that also assesses the challenges contributing to the insufficient litigation of cases relating to the rights of girls in the ACERWC;
3. Delegate the responsibility of developing this Study to the Special Rapporteur on the Rights of Women in Africa of the Commission and the Commission’s Working Group on Communications, in collaboration with representatives from the Court and the Committee’s Special Rapporteur on Child Marriage and other Harmful Practices and the Special Rapporteur on Violence against Children;
4. Urge all stakeholders to collaborate with the three Organs to enhance and contribute to the Study.
Done virtually, on 2 August 2024
