85th Ordinary Session of the African Commission on Human and Peoples’ Rights
INTERSESSION REPORT AND END-OF-TERM SUMMARY REPORT AS
CHAIRPERSON OF THE AFRICAN COMMISSION ON HUMAN AND PEOPLES' RIGHTS
Presented by
Honourable Commissioner Rémy Ngoy Lumbu
Chairperson of the African Commission on Human and Peoples’ Rights
Banjul, The Gambia, 7–30 October 2025
This report is divided into two parts: the intersession report (part one) and the end-ofterm summary report as Chairperson of the African Commission on Human and Peoples’ Rights (part two).
PART ONE: INTERSESSION REPORT
0. Introduction
1. The present report is submitted in accordance with article 16 of the Rules of Procedure (2020) of the African Commission on Human and Peoples’ Rights (the Commission or ACHPR). It provides an account of the activities carried out in my capacity as Chairperson of the ACHPR during the intersession period, following the 83rd Ordinary Session of the Commission, held from 2 to 22 May 2025 in Banjul, Republic of The Gambia.
I. Coordination of the Commission’s activities and supervision of the Secretariat’s work
2. In accordance with Rule 16 of the Rules of Procedure (2020) of the Commission, I coordinated the promotional and protective activities undertaken by the members of the Commission, in addition to supervising the work of the Secretariat during the period under review. In this regard, I provided, on a daily basis, seven days a week, the necessary guidance on various issues to ensure the smooth running of the activities of the Commission and its Secretariat.
3. As I have consistently emphasized, this activity, however fundamental, nonetheless carries inherent limitations. The system, not having been designed to function with a permanent Chairperson, has already demonstrated its operational limitations.
Outcome 1: Improved coordination of intersession activities among the members of the Commission, coupled with excellent interaction between the bureau and the Secretariat, demonstrated by diligence in decision-making and the continuous, real-time sharing of relevant information.
Recommendation 1: Within the framework of the ongoing reform of the organs of the African Union (AU), ensure follow-up on the proposal of the Reform Unit aimed at establishing a permanent Chairperson, in order to strengthen, improve, and streamline institutional coordination.
II. Consultative meeting between the Peace and security council and the Commission, 19 June 2025
4. Together with my fellow honourable Commissioners, I participated in the consultative meeting between the Peace and security council (PSC) and the Commission, held virtually on 19 June 2025.
5. The purpose of the Consultation was, in particular, to present to the PSC the pressing security-related issues on which the ACHPR is working within the framework of its mandate to promote and protect human rights.
6. On this occasion, I gave a brief overview of the state of human rights in conflict situations across the continent. I drew special attention to the situation in Sudan, where the ACHPR has deployed a joint fact-finding mission. An update was provided on the progress, challenges and prospects of the said mission. Discussions also focused on specific thematic information concerning human rights in certain countries experiencing conflict. Recommendations were made to the PSC.
Outcome 2: Strengthening of institutional synergy between the PSC and the Commission, pursuant to article 19 of the PSC Protocol, achieved through regular briefings.
Recommendation 2: The PSC should take concrete measures to support the fact-finding mandates of the ACHPR to Sudan.
III. Participation in the First national forum on the implementation of the right to reparation in the Democratic Republic of the Congo, Kinshasa, DRC, 1–4 July 2025
7. At the invitation of the Fonds National des Réparations des Victimes de Violences Sexuelles liées aux Conflits et autres Crimes contre la Paix et la Sécurité de l’Humanité (FONAREV), I participated in the First national forum on the implementation of the right to reparation, organised under the high patronage of His Excellency Félix-Antoine Tshisekedi Tshilombo, President of the Democratic Republic of Congo, from 1 to 4 July 2025 in Kinshasa, DRC.
8. The Forum aimed to validate and officially launch the operational reparations strategy, developed through an unprecedented participatory process that was survivor-centred and inspired by international standards on transitional justice.
9. During the Forum, I delivered the opening address and took part in the high-level panel on the issue of reparations. On this occasion, I highlighted the Commission’s initiatives, particularly those relating to reparations. I also emphasised that the Commission has, on several occasions, played its part in the area of reparations in the context of the tragic situation prevailing in the Democratic Republic of the Congo since the inter-State Communication DRC v. Burundi, Rwanda and Uganda. This has also been the case in several other instances, notably during the consideration of other communications filed by victims against the DRC, as well as during the adoption of resolutions relating to the country.
Outcome 3: The Commission's efforts to address the issue of reparations for victims of mass violence in the Democratic Republic of Congo were consolidated and highly commended.
Recommendation 3: It is necessary to encourage other States confronted with serious and widespread human rights violations and international crimes, including genocide, to ensure justice is delivered to victims, notably through the provision of reparations.
IV. Participation in the meetings of the Policy Organs of the African Union held in July 2025
10. Together with other members of the Commission, I participated in the meetings of the Policy Organs of the African Union (AU), held both virtually and in person. The meetings were as follows:
i. 50th Ordinary Session of the Permanent Representatives’ Committee (PRC): 9–20 June 2025, held in a hybrid format; ii. 47th Ordinary Session of the Executive Council: 10–11 July 2025 in Malabo, Equatorial Guinea; and iii. 7th Mid-Year Coordination Meeting between the African Union, Regional Economic Communities, and Regional Mechanisms: 13 July 2025 in Malabo, Equatorial Guinea.
11. The delegation of the Commission, which I had the honour to lead, was composed of Honourable Janet Ramatoulie Sallah–Njie, Vice-Chairperson, and Ms. Abiola Idowu-Ojo, Secretary of the Commission. The delegation was accompanied by Mr Philbert Bayeka and Mr Reginald Mere, officials of the Secretariat.
12. The 50th Ordinary Session of the PRC, held in a hybrid format, was convened to prepare for the 47th Ordinary Session of the Executive Council and the 7th Mid-Year Coordination Meeting between the African Union, the Regional Economic Communities and the Regional Mechanisms. The Session focused primarily on budgetary and integration matters, in line with the objectives of the Mid-Year Coordination Summit.
13. The PRC examined various reports, including reports on the activities of its subcommittees, comprising: the Report of the Joint Sitting of the Sub-Committee on General Supervision and Coordination on Budgetary, Financial, and Administrative Matters and the Technical Experts of the Committee of Fifteen Finance Ministers (F15); the Report of the Sub-Committee on Structural Reforms; the Report of the Sub-Committee on Audit Matters; the Report of the SubCommittee on Multilateral Cooperation; the Report of the African Continental Free Trade Area (AfCFTA) ; and the Report of the Africa Centre for Disease Control and Prevention (Africa CDC).
14. The Forty-seventh (47th) Ordinary Session of the Executive Council and the 7th Mid-Year Coordination Meeting between the African Union, the Regional Economic Communities, and the Regional Mechanisms focused on reviewing the Union’s evolving priorities, with particular attention to regional and continental integration, operational efficiency, and thematic areas for 2025.
Outcome 4: An update was provided on the cases currently under consideration within the African Union.
Recommendation 4: Leverage participation in African Union summits to build bridges with the various stakeholders.
V. Chairing of the 84th Ordinary Session, 21–30 July 2025
15. I chaired the 84th Ordinary Private Session held virtually from 21 to 30 July 2025. The proceedings of the said Session focused primarily on the examination of Communications, concluding observations on States' periodic reports and other reports. Resolutions were also considered and adopted. The final communiqué of the said proceedings is available on the Commission's website.
Outcome 5: Reduction in the backlog of pending communications and adoption of concluding observations within the time limits prescribed by the Rules of Procedure (2020).
Recommendation 5: Despite the conveniences offered by modern information and communication technologies, it remains imperative that all Commission activities be conducted in person to enhance efficiency, given the comparative productivity of inperson work versus virtual sessions.
I. Chairing of the 38th Extraordinary Session held virtually on 19 September 2025
16. I chaired the 38th Extraordinary Session, held virtually on 19 September 2025. The session focused primarily on technical issues, including the adoption of the terms of reference for the Pre-Session Forum of States parties, as well as the examination of the document outlining proposed grounds for referral to the African Court. The session provided a platform for discussions on the publication modalities of the report of the Joint Fact-Finding Mission on the Human Rights Situation in Sudan, as well as for planning and aligning the dates of the next session with various preparatory activities, including forums of States, NHRIs and NGOs, in order to facilitate the participation of the Honourable Commissioners.
Outcomes 6: Adoption of the terms of reference for the Pre-Session Forum of States parties; - Improvement of the documents examined.
Recommendation 6: Take the necessary steps to finalise and publish the report of the Fact-Finding Mission to Sudan.
II. Participation in the side event on the Human Rights Situation in Africa, Geneva, Switzerland, 10 September 2025
17. I participated in a side event on the human rights situation in Africa organised by the African Assembly for the Defence of Human Rights (RADDHO) on the sidelines of the 60th Session of the Human Rights Council on 10 September 2025 in Geneva, Switzerland.
18. The meeting aimed to exchange views on the human rights situation in Africa and to foster reflection on strategies to combat impunity, poor governance, and serious violations of human rights and international humanitarian law in Africa.
19. The key message of the meeting focused on the issue of serious violations of human rights and international humanitarian law. While prosecution for individual crimes is the most addressed by international jurisdiction, mass crimes (genocide, crimes against peace, war crimes, and crimes against humanity) remain largely unaddressed. On this subject, I pointed out that the Commission had all the necessary legal resources available to it under the African Charter on Human and Peoples' Rights to remedy this shortcoming and bring justice to the many Africans who have fallen victim to such mass atrocities. Articles 58 and 60 of the Charter constitute, in this respect, important levers to be mobilized. It should already have started by issuing moral condemnations as a means of delivering justice (moral justice) to these numerous. A considerable number of victims, located in several countries (approximately 5%), are in this situation (Democratic Republic of the Congo, Sudan, Ethiopia, Burundi, Namibia, etc.). A comprehensive study should be undertaken to clearly define and address this major issue.
20. On this occasion, my intervention focused on the state of human rights, the progress achieved, and the challenges that persist. I underscored the initiatives undertaken by the Commission in the exercise of its mandate to promote and protect human rights, as well as the prospects for strengthening human rights mechanisms in Africa at the national, regional and international levels.
Outcome 7: Enhanced awareness of the human rights situation in Africa and renewed reflection on effective strategies for their promotion and protection.
Recommendation 7: The Commission must assume responsibility for addressing the issue of mass crimes (including genocide, grave and widespread violations, and international crimes). Failure to do so would amount to a denial of justice (both moral justice and justice through moral condemnation).
III. Participation in the meeting of the Committee on Justice and Human Rights of the Pan-African Parliament, 1 October 2025
21. I participated virtually in the meeting of the Committee on Justice and Human Rights of the Pan-African Parliament held on 1 October 2025, during which I was invited to present an overview of the human rights situation on the continent.
22. In my presentation, I highlighted the progress achieved in the field of human rights, the persistent challenges, and the prospects for strengthening the promotion and protection of human rights in Africa. I underscored the role of members of the Pan-African Parliament, both at the national and regional levels, particularly in advocating for the ratification of various human rights instruments and in enacting legislation to give effect to the rights guaranteed therein.
Outcome 8: Strengthened complementarity between PAP and the Commission
Recommendation 8: Consolidate the institutional framework for collaboration between the two organs, particularly in the development of norms relating to the promotion and protection of human and peoples’ rights on the continent.
IV. Participation in the Forum on the Participation of NGOs in the 85th Ordinary Session of the Commission, 17–19 October 2025, Banjul, The Gambia
23. I participated in the NGO Forum organized as a prelude to the 85th Ordinary Session of the Commission. The Forum was held under the African Union’s theme of the year: “Year of Reparations: Justice for Africans and People of African Descent through Reparations.”
24. The Forum provided an opportunity to engage in discussions on the various topics listed on the agenda, particularly the issue of reparations and the human rights situation on the continent.
25. On this occasion, I delivered the opening address and participated in various panel discussions. In my statement, I reiterated the importance of the gathering, which remains the only continental platform where the voices of conscience converge, those that remind us that proclaimed rights have meaning only when they are translated into tangible realities. I further emphasized that the theme of the Forum serves as a powerful call to both memory and responsibility.
Outcome 9: An assessment of the human rights situation, democracy, and the rule of law in Africa was carried out, alongside discussions on the African Union’s theme of the year. Recommendations addressing the identified areas of concern were formulated and shared with the relevant stakeholders.
Recommendation 9: The Commission must continue to extend its unwavering institutional support to the NGO Forum as a key platform for direct engagement with civil society organizations.
VI. Participation in the 8th National Human Rights Institutions Forum (NHRIs), 18–20 October 2025, Banjul, The Gambia
26. I participated in the 8th National Human Rights Institutions, organised as a prelude to the 85th Ordinary Session of the Commission. The theme of the Forum was: “The Role of African National Human Rights Institutions (NHRIs) in Strengthening Accountability, Promotion, and Protection of Human Rights in Africa.”
27. The NHRIs Forum discussed several key issues, including responsible business conduct and management; the protection of sexual minorities and economic, social and cultural rights; the prevention of torture in Africa; the fight against corruption and discrimination in the fields of education and health; as well as the issue of climate change and environmental governance.
28. I had the honour of delivering both the opening and closing remarks of the Forum on behalf of the Commission. In my opening address, I commended the pivotal role played by NHRIs in strengthening democracy, accountability and social justice across the continent. I underscored our collective challenge of developing an African common position on business and human rights, ensuring that economic growth is never pursued at the expense of social justice or human dignity.
Outcome 10: Reiteration of the pivotal role played by NHRIs in holding States accountable for the effective promotion and protection of human rights.
Recommendation 10: Ensure greater participation of NHRIs in the Forum through NANHRI.
VII. Organization of the 2nd Edition of the Pre-Session Forum of States Parties to the African Charter on Human and Peoples’ Rights, 19–20 October 2025, Banjul, The Gambia
29. I coordinated and participated in the 2nd Pre-Session Forum organised for States Parties to the African Charter on Human and Peoples’ Rights. The Forum brought together Commissioners, representatives of States Parties, AU Organs, Departments and Specialized Institutions, as well as staff members of the Secretariat of the Commission.
30. The Forum aimed primarily to serve as a platform for enhancing dialogue, engagement, coordination and cooperation between the ACHPR, States Parties, and PRC. It also provided an opportunity to share experiences on best practices and persisting challenges, with a view to deepening understanding and appreciation of human rights issues in Africa.
31. The discussions covered a wide range of thematic issues. Participants also reflected on ways to enhance collaboration between the Commission and Member States in strengthening the promotion and protection of human and peoples’ rights in Africa, particularly on how States Parties can better support the Commission’s mandate and how the latter can further build the capacity of States Parties to fulfil their human rights obligations.
32. The deliberations of the Forum culminated in the formulation of recommendations addressed to various stakeholders, together with possible strategies to enhance the promotion and protection of human rights across the continent.
Outcome 11: Enhanced awareness among States Parties of their obligations under the African Charter, and strengthened partnerships and collaboration between States Parties, the ACHPR, and other stakeholders.
Recommendations 11:
Undertake joint monitoring of the implementation of the recommendations formulated.
Ensure that government officials are briefed on human rights matters at the commencement of their ministerial duties, with the support of National Human Rights Institutions in particular;
Maintain continuous dialogue with the designated focal points within the Permanent Representations in Addis Ababa;
Consider organizing short human rights promotion missions by arranging meetings between Country Rapporteurs and Permanent Representatives of States Parties whose official authorizations are delayed or subject to bureaucratic procedures.
XII. Correspondence / Publication of Press Releases / Statements
33. I issued correspondence and published press releases or statements on various occasions, particularly in response to situations impacting human rights or in commemoration of significant events.
34. On 7 July 2025, I sent a congratulatory letter to the newly elected members of the Court. In the correspondence, I reiterated the Commission’s commitment to deepening its collaboration with the Court within the framework of complementarity between the two institutions for the effective protection of human rights on the continent.
35. I also addressed, on 2 July 2025, a congratulations letter to H.E. Jean-Lucien Savi de Tové, President of the Togolese Republic, on his election following the parliamentary ballot held on 3 May 2025 during the joint session of the National Assembly.
Outcome 12: the recipients of the correspondence appreciated the honour and attention that this institution accords to their responsibilities and to their personal and professional circumstances.
Recommendation 12: Maintain administrative links through correspondence with key players within the framework of the system for promoting and protecting human rights on the continent.
PART TWO: END-OF-TERM SUMMARY REPORT IN MY CAPACITY AS PRESIDENT OF THE AFRICAN COMMISSION ON HUMAN AND PEOPLES’ RIGHTS
36. The time has come to review my performance as Chairperson. I would like to thank the members of the Commission for their professional collaboration throughout the 6 years I have served within our institution, including four years as President and two years as Vice-President. These years have served as an unparalleled training ground for me—a truly unique experience.
37. I also wish to thank our dynamic Secretariat and its dedicated staff for their unwavering support to the Commission. I would like to acknowledge in particular Ms. Lindiwe Khumalo, Ms. Abiola Idowu-Ojo, Ms. Estelle Nkounkou, and Ms. Anita Bagona, with whom I have worked directly.
38. This end-of-term summary report presents, in Part 1, the positive achievements or successes, and in Part 2, the areas of concern.
PART I: POSITIVE ACHIEVEMENTS
39. I would like history to remember the following accomplishments:
I. The revival and finalisation of the complementarity process between the Commission and the African Court, as mandated by article 5 of the Protocol establishing the Court. This work, initiated during the tenure of President Imani Aboud, was completed under President Modibo Sacko, with the support of the Honourable Commissioners and Judges.
II. The promotion of the concept of multilateral complementarity, demonstrating that our institution, as the principal organ for the promotion and protection of human rights, is committed to building bridges with other human rights organs, including the African Union Commission, PRC, PSC, the Pan-African Parliament, the African Committee of Experts on the Rights and Welfare of the Child, the Anti-Corruption Committee, and the African Union Commission on International Law. In this context, I signed several memoranda of cooperation with these bodies to provide a framework for multilateral complementarity.
III. The modelling and finalisation of the format for the Commission’s Ordinary Sessions, focusing on participation and inclusivity. We now have a stable model based on four pillars: the NGO Forum, the NHRIs Forum, the Forum of States, and the Ordinary Session (general assembly of all stakeholders).
IV. The opening up of the Commission at the international level, notably through two significant benchmarking missions to the Inter-American Commission on Human Rights (Washington, United States) and the European Court of Human Rights (Strasbourg, France).
V. The legal security (title deed) of the site designated for the future headquarters of the ACHPR, for which I once again wish to extend the Commissioners’ gratitude to the President of the Republic, H.E. Adama Barrow, and his government.
VI. The allocation of land in Dodoma to the Commission by the President of the Republic, Samia Suluhu Hassan, and her government to enable the Commission to carry out additional projects of continental significance.
VII. The conduct and completion of two important investigations in accordance with the provisions of article 58 of the African Charter on Human and Peoples' Rights.
Commission of Inquiry on the situation in the Tigray Region (Ethiopia) led by myself, whose report has been adopted and is awaiting the appropriate timing for integration into the country’s transitional justice process, in accordance with the terms of reference agreed upon with the Government.
Commission of Inquiry on the situation in Sudan led by Honourable Commissioner Hatem Essaïem, whose report was recently published.
VIII. Advocacy alongside Commissioner Marie-Louise Abomo to secure 30 ratifications for the entry into force of the Protocol on the Rights of Older Persons and the Protocol on the Rights of Persons with Disabilities.
IX. Harmonisation of relations between the Body of Commissioners and the Secretariat: Ten years ago, these relations were often conflictual. Today, they are positive and have improved.
X. Reduction in the backlog of communications: The Commission examined and adopted decisions on 165 communications, including 45 on the merits, 84 on admissibility (of which 47 were declared admissible and 37 inadmissible), and 36 communications struck out due to lack of diligence on the part of the complainants.
XI. Maintenance of ongoing dialogue and a permanent consultation framework with the Kingdom of Morocco regarding the universal ratification of the African Charter on Human and Peoples’ Rights. The institutions with which we engage have shown great interest and support for this initiative. In my personal view, this requires time. As Chairperson, I have consistently envisaged a gradual approach, which could begin with a simple observer status.
XII. Adoption of a resolution aimed at the protection of intersex persons on the African continent (another milestone following the Commission’s adoption of Resolution 275).
XIII. Strengthening of the Joint framework agreement on human rights between the African Union and the United Nations.
PART II: AREAS OF CONCERN
40. Like any human endeavour, some initiatives were not achieved, notably:
I. The non-inclusion of the mechanism for the promotion and protection of human rights: African people, the primary beneficiaries of the African Charter on Human and Peoples' Rights, still do not, after 40 years, have the right to express themselves directly and independently without going through NGOs. It was therefore at the Forum on participation of NGOs during the 85th Session of the Commission that I proposed the following: Forum for the participation of NGOs and Individuals/Peoples (change of name). I leave this matter to civil society for consideration, as well as to the Commissioners for further deliberation. Without this, the African system will remain a system of exclusion and frustration.
II. The partial implementation of the Commission’s decisions by States, due to the bloc of sovereignties often being misused.
III. The low number of cases brought before the Commission (less than 1,000 in 40 years).
IV. The selective and inconsistent deployment by States of human and peoples’ rights promotion missions.
V. The low participation rate of Chairpersons of the NHRIs in the NHRIs Forum, which has long threatened the future of this platform.
VI. The low participation of States Parties in the Pre-Session Forum of States, an issue that must be swiftly addressed in preparation for the 3rd edition in 2026.
VII. Financing of human rights on the continent (the Commission’s budget, that of NHRIs, NGOs, etc.).
VIII. The administrative situation of the Secretariat (lack of a permanent headquarters, inadequate organizational structure, unsuitable current working conditions, etc.) remains a major issue, one that all Chairpersons of ACHPR have faced since its establishment.
