INTERSESSIONAL ACTIVITY REPORT
(May - October 2024)
-Presented by
HONOURABLE COMMISSIONER IDRISSA SOW
CHAIRMAN OF THE WORKING GROUP ON THE DEATH PENALTY, EXTRAJUDICIAL, SUMMARY OR ARBITRARY EXECUTIONS AND ENFORCED DISAPPEARANCES IN AFRICA
81st Ordinary Session of the ACHPR
Banjul, The Gambia, 17 October to 6 November 2024
INTRODUCTION
This Report is submitted in accordance with Rules 25 (3) and 64 of the Rules of Procedure 2020 of the African Commission on Human and Peoples' Rights (the Commission) and Section 3 (d) of the Rules Governing the Establishment and Functioning of the Special Mechanisms of the Commission. It covers the activities carried out during the intersessional period from May to October 2024.
The report is divided into four chapters. Chapter I presents an overview of the situation of the death penalty, extrajudicial, summary or arbitrary executions and enforced disappearances in Africa. Chapter II covers the activities carried out in my capacity as Chairperson of the Working Group on the Death Penalty, Extrajudicial, Summary or Arbitrary Executions and Enforced Disappearances in Africa (Working Group) and as a member of other special mechanisms; Chapter III concerns the activities carried out in my capacity as Commissioner Country Rapporteur; and finally, Chapter IV is devoted to conclusions and recommendations.
Chapter I: Situation of the death penalty, extrajudicial, summary or arbitrary executions and enforced disappearances in Africa
Death penalty
During the period under review, the number of abolitionist countries remained unchanged, with 24 of the 54 States parties to the Charter having abolished the death penalty for all crimes[1], 4 for ordinary crimes[2], and 15 others observing a moratorium on executions[3].
Empirical analysis of statistical data on the issue of the death penalty on the continent suggests a strong momentum in favour of abolition. The evolution of the death penalty situation shows that the majority of Member States have taken an unequivocal option, through their domestic legislation or in practice, in favour of greater preservation of the right to life, guaranteed by Article 4 of the African Charter on Human and Peoples' Rights.
However, this positive perception should not overshadow the growing trend in death sentences and executions. According to a report published by Amnesty International, death sentences were passed in 14 countries in 2023, compared to 16 in 2022. It also indicated that 38 executions had been recorded in just one country, Somalia.
Pending consolidated statistics for 2024, we would like to point out that during the reporting period, at least 170 death sentences were passed in the Democratic Republic of Congo, including 37 by the military court of Kinshasa-Gombé[4] for criminal conspiracy, terrorism and the attempted coup d'état of 19 May 2024.
It should be noted that these sentences were passed in a context marked by the lifting of the moratorium on executions in the DRC, as set out in a circular note issued by the Minister of Justice on 13 March 2024 instructing the relevant authorities to carry out the death penalty when it follows an irrevocable judicial sentence passed in times of war, under a state of siege or emergency, during a police operation to maintain or re-establish public order, or during any other exceptional circumstance.
Speaking on behalf of the Working Group, I would like to reiterate my deep concern at this decision, which reverses the moratorium that has been in force in this country since 2003.
With regard to those States that have chosen to retain the death penalty in their legislation, we would like to remind that in its General Comment No. 3 on the right to life (Article 4 of the Charter), the Commission clearly indicated that the death penalty should only be imposed for the most serious crimes.
In its specific mission to protect and promote the right to life, the Working Group remains resolutely committed to all States Parties and to its approach of calling on States that still practise the death penalty to consider establishing or consolidating strict moratoria on executions and to grant commutation of death sentences.
In this respect, we are closely monitoring developments in the United Nations General Assembly, which since 2007 has adopted nine resolutions calling for a universal moratorium on executions.
In 2022, 29 African States voted in favour of the moratorium. The Working Group welcomes this positive momentum and encourages States Parties to give increased support to the draft resolution to be presented at the 79th session of the General Assembly in December 2024.
Study on the issue of the death penalty
In November 2011, the Commission adopted a study on the situation of the death penalty in Africa. In some respects, this reference document has become obsolete and needs to be updated to take account of developments and address new issues that have arisen since its adoption. This is why the Commission decided a few years ago to revise the document. The work initiated in this regard, in collaboration with the Centre for Human Rights at the University of Pretoria, is currently being finalised, and a meeting of experts to validate it has been scheduled for November.
Draft Protocol to the African Charter on the Abolition of the Death Penalty
We would like to point out that the process of adopting the draft protocol to the Charter, initiated by the Commission in 2015, has made significant progress in the last two years after being held up for a long time.
Indeed, the steps taken to reach a consensus on the draft protocol continue to meet with favourable response from several States.
In addition, there is considerable support from the Pan-African Parliament (PAP), which, in a resolution dated 5 July 2024, expressed its commitment to working with the Commission and all other stakeholders to facilitate the adoption of the draft protocol by the policy organs of the African Union.
This important expression of political support followed our presentation to the Honourable Members of the Legal Affairs and Human Rights Committee of the Pan-African Parliament on 25 June 2024.
The draft text has indeed been reintroduced into the validation circuits and should in principle be examined shortly by the Specialised Committee on Justice and Legal Affairs during its 10th Ordinary Session scheduled for November/December 2024.
Enforced disappearances
The issue of enforced disappearances is of central concern in the context of the implementation of the general promotion and protection mandate entrusted to the African Commission on Human and Peoples' Rights.
Although the practice of enforced disappearance is acknowledged to be a reality on the African continent, it must be recognised that the data available does not allow us to provide an accurate picture regarding the scale of the phenomenon. In its 2021 report, the United Nations Working Group on Enforced Disappearances noted that of the 46,490 cases of enforced disappearance, 4,765 cases, or around 10%, concerned African States.
Africa does not have a specific legal instrument to deal with the crime of enforced disappearance. It would appear that the option taken here is to align with the global framework through the World Convention for the Protection of All Persons from Enforced Disappearance, which has already been ratified by a large number of States parties to the Charter.
In order to curb the perfidious and degrading crime of enforced disappearance, the African Commission, through the Working Group, is committed to working with the treaty bodies and, in general, with all State and non-State actors engaged in the implementation of a global response strategy against this phenomenon.
As such, our option is to be clearly part of an inclusive and complementary approach, linking our actions to the global strategy, in particular by calling on African States to ratify the relevant international instruments, notably the International Convention for the Protection of All Persons from Enforced Disappearance, and to fulfil all the positive obligations and preventive measures set out in these instruments.
In this regard, I took part from 22 to 26 September 2024 in Geneva in the panel discussion organised by the United Nations Working Group on Enforced Disappearances on the sidelines of the proceedings of the Human Rights Council. During this visit, I had a working session with the United Nations Committee on Enforced Disappearances. I had the opportunity to discuss with the Committee members the areas of collaboration between our two bodies and the African dynamic in the prevention and protection of all persons from enforced disappearance.
The Working Group published guidelines in 2021, which it continues to disseminate to all stakeholders, to better guide these States and help them bring their domestic legislation into line with the highest standards in the prevention and punishment of the crime of enforced disappearance.
Thus, the opportunities offered by the periodic reporting sessions and promotion visits are used to encourage States Parties to adopt specific legislation for the prevention and punishment of the crime of enforced disappearance.
[5]We note that during the period under review South Africa and Cote d'Ivoire ratified the International Convention for the Protection of All Persons from Enforced Disappearance, which means that to date only 21 of the 55 Member States have ratified the Convention.
We note with deep concern that we have received numerous reports of cases of enforced disappearance in Burkina Faso. The reports received by the Working Group refer to the disappearance of Atiana Serge Oulon, Kalifara Séré and Adama Bayala, media professionals who have been missing since June 2024.
In the Republic of Guinea, Mamadou Billo Bah and Foniké Menguè have not been seen for three months following their abduction by armed individuals.
The Working Group remains seized of these disturbing cases of disappearance and reiterates its request to the governments of the States Parties concerned to open impartial investigations to establish the causes and to initiate appropriate search operations to find the victims.
The Working Group also remains concerned by reports of 120 cases of enforced disappearance in Burundi since 2020 and remains seized of this situation.
Extrajudicial, summary or arbitrary executions
The Working Group notes with concern that allegations of extrajudicial executions perpetrated, most often in the context of security or law enforcement operations, were reported during the period under review in Burkina Faso, Kenya, the Union of the Comoros and the DRC.
At this stage, the Working Group is not in a position to draw any conclusions on the materiality of the alleged facts but remains seized of the cases brought to its attention until its level of information enables it to adopt a definitive position. Several initiatives have been taken as part of efforts to interact with the States concerned in order to shed light on these allegations.
The Working Group, in collaboration with the Institute for Human Rights and Peace at Cheikh Anta Diop University in Dakar, has launched a study to assess the magnitude and consequences of extrajudicial, summary or arbitrary executions on the continent. In accordance with Resolution ACHPR.Res.583 (LXXVIII) of March 2024, arrangements have been made to finalise the draft study in the first quarter of 2025. A consultation meeting on the study is scheduled for November 2024.
Chapter II: Activities as Commissioner and Chairperson of the Working Group
Participation in the 79th and 80th Ordinary Sessions of the Commission and other activities
I participated in the 79th Ordinary Session of the Commission, held in Banjul from 14 May to 3 June 2024, and the 80th Ordinary Session of the Commission, held virtually from 24 July to 2 August 2024, during which the Commission adopted several documents, considered reports and rendered decisions on various Communications.
During the 79th Ordinary Session, we organised a panel entitled "The abolition of the death penalty and security issues". The aim of this panel was to raise awareness among the various stakeholders on the merits of abolishing the death penalty and its ineffectiveness in ensuring human security on the African continent. The Panel examined the link between the death penalty and security; the challenges of abolishing the death penalty in the light of the security situation in the Democratic Republic of Congo, Angola and South Africa; and the need to adopt the draft Additional Protocol to the African Charter on Human and Peoples' Rights on the abolition of the death penalty.
During this session, I represented the Honourable Commissioner Marie-Louise Abomo on a panel organised on the right to education, which this year has been chosen as the central theme by the African Union. In my presentation, I outlined the prospects and challenges of setting up education systems adapted to the situation of people with disabilities.
From 13 to 16 June 2024, I represented the Chairperson of the Commission at the International Conference organised by the ECOWAS Court of Justice in Freetown, Sierra Leone.
From 10 to 16 July 2024, I took part in the inter-mechanism dialogue between the African Commission on Human and Peoples' Rights and the Inter-American Commission on Human Rights, which was held in Washington DC (USA). This meeting enabled us to exchange experiences and best practices in the exercise of our respective mandates.
From 27 August to 4 September 2024, I took part, jointly with the World Organisation Against Torture, in a mission to Chad at the invitation of the National Human Rights Commission. The purpose of the mission was to exchange views with the new commissioners of the NHRC on issues relating to the prevention and promotion of human rights.
From 16 to 20 December 2024, in my capacity as Commissioner-country rapporteur, I took part in a mission to promote human rights in Moroni, in the Union of the Comoros. The related press release was made public and published on the Commission's website.
From 29 September to 4 October 2024, I conducted a working visit to the Republic of Guinea at the initiative of the FIDH. During this mission, I had the opportunity to meet with national authorities and civil society organisations.
It emerged from these discussions that the Republic of Guinea would shortly be submitting its consolidated report under Article 62 of the Charter.
Letters of urgent appeal
On 29 May 2024, I co-signed with the Special Rapporteur on freedom of expression and access to information in Africa a letter of urgent appeal to H.E. General Mamady Doumbouya, President of the Transition of the Republic of Guinea, after receiving information about allegations relating to Order A/2024/686/MIC/CAB/SGG withdrawing licences for the installation and operation of private radio and television stations. We called on the Government of Guinea to suspend the decision to withdraw the licences and operations of the media concerned and to take steps to ensure that private media whose operating licences are withdrawn have access to public complaints systems, in addition to the possibility of challenging the decisions in question before the courts.
On 22 July 2024, we sent a letter of urgent appeal to H.E. Captain Ibrahim Traoré, President of the Transition of Burkina Faso, after receiving information about allegations relating to the enforced disappearances of journalists Serge Oulon, Adama Bayala and Kalifara Séré and the suspension of two media outlets, L'Évènement and 7Infos. We requested the Government of Faso to carry out investigations with a view to locating and freeing the three missing journalists, to open prompt, impartial and independent judicial investigations in order to identify the perpetrators of the enforced disappearances and to communicate the results of these investigations to the Commission;
On 22 July 2024, we sent a letter of urgent appeal to H.E. General Mamady Doumbouya, President of the Transition of the Republic of Guinea, after receiving information about allegations relating to the enforced disappearance of activists Oumar Sylla dit Foninké Mengué and Mamadou Billo Bah. We requested the Government of Guinea to carry out a search for the whereabouts and release of the disappeared activists, to open prompt, impartial and independent judicial investigations in order to identify the perpetrators of the enforced disappearances and to bring them before the competent courts.
On 12 August 2024, together with the Country Rapporteur, I co-signed a letter of urgent appeal to H.E. William Ruto, President of the Republic of Kenya, after receiving information on allegations of arbitrary executions and enforced disappearances of numerous people who had taken part in demonstrations or were suspected of planning them. We called on the Government of Kenya to conduct investigations with a view to locating and releasing the missing activists; to conduct prompt, impartial and independent judicial investigations in order to identify the perpetrators of the enforced disappearances.
On 21 August 2024, I co-signed, with the Special Rapporteur on Human Rights Defenders, Focal Point on Reprisals and Judicial Independence in Africa, a letter of urgent appeal to H.E. Captain Ibrahim Traoré, President of the Transition of the Republic of Burkina Faso, after having received information on allegations relating to the forced enlistment of magistrates in security operations in Burkina Faso. We requested the Government of Burkina Faso to clarify the requisition criteria and to provide information on the fate of the enlisted magistrates. We took this opportunity to call for the separation of powers and the independence of judges to be respected in the performance of their duties. We reiterated the need to respect the decisions of national courts quashing the said requisitions.
On 2 September 2024, I co-signed with the Country Rapporteur, and the Special Rapporteur on Human Rights Defenders, Focal Point on Reprisals in Africa, a letter of urgent appeal to H.E William Ruto, President of the Republic of Kenya, after receiving information on allegations of enforced disappearances of three human rights defenders. We requested the Government of Kenya to conduct a search for the whereabouts and release of the missing activists and to conduct prompt, impartial and independent judicial investigations into the reported facts.
On 11 September 2024, I signed a letter of urgent appeal to H.E. Captain Ibrahim Traoré, President of the Transition of the Republic of Burkina Faso, following the massacre of hundreds of civilians in Barsalogho on 24 August 2024. I called on the Government of Burkina Faso to conduct independent and impartial investigations into this attack in order to identify and bring to justice the alleged perpetrators and their accomplices. I also encouraged the authorities to persevere in taking the necessary measures to protect civilians from foreseeable risks in the light of the security situation and to guarantee security throughout Burkina Faso.
On 23 September 2024, I co-signed with the Special Rapporteur on freedom of expression and access to information in Africa a joint Letter of Appeal concerning the allegations of enforced disappearance of four journalists and columnists in Burkina Faso, namely Kalifara Séré, Serge Oulon, Adama Bayala and Alain Traoré. We reiterated our call on the government to carry out investigations with a view to locating and immediately releasing the missing journalists, to take the necessary measures to prevent forced disappearances, to ensure the protection of media professionals and to create an environment conducive to free expression, without undue interference or fear of reprisals.
On 3 October 2024, I co-signed with the Country Rapporteur a Letter of Urgent Appeal concerning the death sentence imposed on a 17-year-old minor in Somaliland. We called on the President of Somalia to take appropriate measures to prevent his execution and to consider observing a moratorium on the use of the death penalty;
We deplore the fact that, to date, our appeals have not prompted any official reaction from the authorities concerned.
Press releases
On 8 June 2024, I issued a press release on the allegations of summary executions of presumed coup plotters by elements supposedly belonging to the DRC's defence and security forces. I recalled that the African Charter on Human and Peoples' Rights strictly guarantees the right to life, the right to dignity and the right to a fair trial and that it follows from this, in all circumstances, the absolute prohibition of extrajudicial, summary or arbitrary executions against individuals. I called on the government of the DRC to conduct a prompt and impartial investigation into these allegations so that the perpetrators could be identified and brought to justice in accordance with the applicable laws.
On 26 July 2024, I issued a press release on the disappearance of journalists Kalifara Séré, Serge Oulon and Adama Bayala in Ouagadougou, Burkina Faso, between 18 and 28 June 2024. I expressed my deep concern at this situation, which constitutes a serious threat to the physical and moral integrity of journalists and is likely to place them outside the protection of the law and undermine their freedom of expression and opinion. I called on the Burkinabe authorities to conduct a search for their whereabouts and to secure their release.
On 30 August 2024, on the occasion of the World Day against Enforced Disappearances, I co-signed a joint declaration with the United Nations Working Group on Enforced Disappearances calling on all relevant actors to join forces to support and ensure that the rights and obligations established in treaties and other relevant legal instruments are respected with a view to better protecting all persons from enforced disappearance.
On 17 September 2024, together with the Chairperson of the Commission, I issued a press release on the attempted assassination of the President of the Union of the Comoros while he was attending a funeral. We strongly condemned this attack on his physical integrity and recalled that it is imperative for States to ensure the protection of all persons against attacks on their physical integrity and right to life in accordance with articles 1 and 4 of the African Charter on Human and Peoples' Rights. We expressed the hope that the judicial enquiry opened by the national authorities would shed full light on the motives for this act and the circumstances of the death of the presumed perpetrator after his arrest.
On 10 October 2024, I issued a statement to mark the World Day for the Abolition of the Death Penalty. I took the opportunity offered by this day of celebration to invite States to take the measures required to better protect the right to life by undertaking legislative reforms with a view to abolishing the death penalty. I also reiterated my call for the consolidation of moratoria on executions in countries where capital punishment is still practised.
Chapter III Activities as Country Rapporteur
This part of the report deals with the human rights situation in the States covered by my mandate as Country Rapporteur. activities and actions undertaken during the intersessional period in my capacity as Country Rapporteur.
In accordance with Resolution ACHPR/Res. 495 (LXIX) of 2021, as amended at the 77th Ordinary Session, I was appointed Commissioner-Rapporteur for Burkina Faso, the Republic of Guinea, the Central African Republic, Chad and the Union of the Comoros.
Burkina Faso
Burkina Faso continues to face security challenges. Despite the efforts made by the Burkinabe authorities to protect the civilian population, terrorist attacks continue to disrupt daily life in the affected areas, causing numerous losses of life and significant material damage.
We commend the government of Faso for complying with its obligation to report on the implementation of the rights guaranteed by the African Charter on Human and Peoples' Rights and its additional protocols while fighting terrorism.
During the period covered by our report, terrorist attacks were carried out in many parts of the country. A terrorist attack on 24 August 2024 caused the death of hundreds of civilians in the town of Barsalogho. According to the information received, those killed were surprised by the assailants as they were digging trenches, at the request of the defence and security forces, to hinder the progress of the terrorists and prevent them from entering the town.
We call for an impartial investigation into these attacks and all other human rights violations against civilians in order to identify and bring to justice the alleged perpetrators and their accomplices.
We have also received reports of enforced disappearances, particularly of human rights defenders and media professionals. These include Atiana Serge Oulon, Kalifara Séré and Adama Bayala, who have been missing since June 2024.
We have also been informed of the alleged kidnapping of two lawyers, Gontran Some and Christian Kaboré, on the night of 10 to 11 October 2024 while travelling between Ouagadougou and Bobo-Dioulasso.
We call on the government to carry out searches with a view to locating and freeing those who have disappeared, and to conduct swift, impartial and independent judicial investigations in order to identify and punish the perpetrators of enforced disappearances.
We deplore the fact that our attempts to obtain the government's response to these allegations have been in vain, as the urgent appeal letters sent concerning the first cases mentioned have not prompted any reaction from the government of Faso.
In addition, many civil society organisations working to defend human rights have referred to abuses in the enforcement of Decree No. 2023-0475 of 19 April 2023 on general mobilisation and caution adopted with a view, in particular, to defending the integrity of the territory and protecting the population and their property against the threat and actions of terrorists.
It should be pointed out that the complaints raised do not relate to the legality or relevance of the decree, but rather to the conditions of its enforcement, which could, in certain situations, give rise to violations of citizens' rights and freedoms.
Decisions taken under the decree to forcibly enlist magistrates, activists, journalists and political opponents were seen as acts of reprisal against the individuals concerned. It has been reported that the magistrates enlisted have been punished in this way because of decisions taken in the performance of their duties.
We call on the Burkina Faso authorities to respect and protect the separation of powers and the independence of the judiciary in the performance of their duties. In this respect, we call for strict compliance with judicial decisions prohibiting forced recruitment.
Guinea
The Republic of Guinea experienced an unconstitutional change of government on 5 September 2021. The transitional government announced that a constitutional referendum and the transfer of power to civilians would be organised before the end of 2024.
During the reporting period, restrictions on freedom of expression and demonstrations continued, with five media outlets still under suspension.
We recall that freedom of expression online and offline is essential to the exercise of other human rights and represents a criterion of plural democracy, allowing development and diversity.
We also recall that under Article 13 of the African Charter on Human Rights, the right to regular, free, fair and credible elections is the most sacred democratic norm which serves as the primary means for the exercise of the right of citizens to participate in the conduct of public affairs.
On 31 July 2024, the trial of the eleven people accused of taking part in the 28 September 2009 massacre resulted in the conviction at first instance of former president Captain Dadis Camara and seven of his co-defendants. We welcome the government's efforts to bring justice to the victims and encourage it to prosecute the perpetrators of other mass crimes that have gone unpunished for several years. We encourage the government to ensure reparation for the harm suffered by the victims by guaranteeing compensation.
We reiterate our concern expressed in the letter of urgent appeal sent to the transitional authorities in July 2024 following the disturbing disappearance of Mamadou Billo Bah and Foninké Mengué. We are also seized of the case of the alleged forced disappearance, since 19 October 2024, of Mr Sadou Nimaga, former Secretary General of the Ministry of Mines under President Alpha Condé.
We call on the government of the Republic of Guinea to initiate searches and investigations with a view to finding the two defenders who have allegedly been abducted by armed individuals.
Central African Republic
Armed conflict continues in certain localities, resulting in human rights violations in the country. During the month of July 2024, the United Nations Multidimensional Integrated Stabilisation Mission in the Central African Republic (MINUSCA) documented around ten attacks on civilians, denial of humanitarian aid, attacks on protected persons and the illegal occupation of a school, committed by unidentified armed men.
During the same month, MINUSCA recorded 15 summary or extrajudicial executions or killings, four attempted extrajudicial executions or killings, two death threats and one death in custody. Most of these violations were committed by armed groups. MINUSCA has also reported the abduction of 25 people.
Security is also disrupted by conflicts between herders and farmers. For example, 16 civilians were killed in the village of Limé, in the Ouham-Pendé prefecture, following a land dispute involving local farmers and cattle owners.
We call on the relevant authorities to take measures to guarantee the safety of the population and their property.
On 22 August 2024, the Central African government announced that the local and municipal elections initially scheduled for October 2024 would be postponed to 6 April 2025.
The reason for the postponement is said to be linked to constraints in mobilising the financial resources needed to organise the elections. Given the importance of these elections to the ongoing process of institutional stabilisation, we call on all stakeholders to support the common fund dedicated to financing these elections.
Chad
Chad returned to constitutional order on 6 May 2024 following the election of the President of the Republic in a peaceful poll. However, the run-up to the election had been marked by tensions in certain localities.
The country is pursuing legislative initiatives to improve human rights. These include Order No. 7124 of 11 July 2023 signed by the Prime Minister of the Transition, creating a commission to review the draft Individual and Family Act, which is currently in progress; a draft law on the Children's Act and a preliminary draft law on the protection of human rights defenders, which are currently being examined; and the commitment made during the Universal Periodic Review (UPR) in January 2024 to amend the press law without delay in order to guarantee the full exercise of freedoms in this area.
We welcome these initiatives and call for their rapid finalisation through the adoption of laws that comply with international standards.
We note, however, that the international enquiry announced into the tragic events of 20 October 2022, which resulted in the deaths of more than 200 people during a public demonstration, has not yet been opened. There has been no follow-up to the note verbale in which we expressed the Commission's wish to be involved in the announced international enquiry. We reiterate our call on the government to conduct an independent judicial enquiry and to bring the perpetrators to justice.
We also call on the government of Chad to open an impartial enquiry to shed full light on the circumstances surrounding the death of Yaya Dillo, the political leader killed on 28 February 2024 during the attack on his party's headquarters.
We are also concerned about allegations of press freedom violations, in particular the 48-hour abduction of Badour Oumar Ali, journalist and editor-in-chief of Tchadinfos.com, on 7 August 2024 and the suspension of Tchad Infos from 26 to 30 July 2024.
We have also received allegations of the incommunicado detention of Ismael Ngakoutou, Deputy Director General of Commercial Bank Chad, following his arrest on 10 July 2024 by the National State Security Agency at Hassan Djamous international airport in N'Djamena. We call on the Chadian government to end his incommunicado detention and ensure contact with his family.
The monthly report of the Office of the High Commissioner for Refugees at the end of August 2024 indicates that Chad had 1,727,313 people in a situation of forced displacement. This population is made up mainly of Sudanese refugees and asylum seekers, who account for 70.38% of the total. Internally displaced persons make up 12.68% of this population, while migrants account for the remaining 15.5%. Internal displacement is caused by attacks from Boko Haram and other armed groups, particularly in the Lake Chad region, and to a lesser extent by inter-community conflicts.
In response to this crisis, Chad is allocating a large part of its national budget and aid to security and the fight against armed actors. Chad is implementing a Refugee and Host Community Support Project (PARCA) in the provinces of Logone Oriental, Lac, Ouaddaï, Moyen Chari and Mandoul.
The country has also introduced a special regime reducing the basic legal guarantees for suspected terrorists. The Working Group on the use of mercenaries has noted with concern that a large number of surrendered Boko Haram fighters have been detained without due process or held in pre-trial detention for excessively long periods in prisons such as Koro Toro.
We recommend that the authorities ensure that the fight against terrorism is not conducted at the expense of human rights.
Union of the Comoros
A first promotion mission was undertaken in the country from 16 to 20 September 2024. During the visit, our delegation held discussions with those involved in the promotion and protection of human rights in the country. It also visited the Moroni prison and the counselling service for women and children who are victims of violence. The relevant national authorities have undertaken to submit the initial report of the Union of the Comoros, in accordance with its obligations under Article 62 of the African Charter.
As part of progress made, the delegation noted, among other things, the personal commitment of the President of the Republic to the issue of women's rights, constitutionalising of human rights since 2018, the de facto moratorium on the death penalty since 1997, the construction of a separate block for women and minors at the Moroni prison, efforts to train magistrates to address the lack of sufficient staff in the justice sector, the granting of subsidies to associations working on issues relating to women's and children's rights, the percentage of the budget allocated to health (14% of the budget), the decentralisation of the judiciary, the creation of juvenile courts, the setting up of a helpline for victims of violence, the measures taken to combat early marriages, the strengthening of sanctions against perpetrators of violence against women and children, the release of political prisoners, progress made in recent years to improve the representation of women in the Union's governing bodies and assembly, and programmes drawn up by the various ministries that incorporate a human rights-based approach.
However, the delegation noted that there are still a number of challenges to the effective protection of human rights. These include dilapidated prisons, insufficient meals for prisoners, overcrowding, prolonged pre-trial detention, continued detention of people who have served their sentences, lack of a legal aid system, shortage of judicial staff, and the worrying school drop-out rate among young people.
At the end of the mission, the delegation made provisional recommendations aimed at improving the enjoyment of the rights enshrined in the African Charter on Human and Peoples' Rights.
Chapter IV: Conclusions and recommendations
The Commission continues to engage with Member States, organs of the African Union and partners, including civil society and academia. In collaboration with these partners, it will continue to promote the adoption of the Draft Protocol to the Charter on the Abolition of the Death Penalty, contribute to the building of a knowledge base through studies, and engage in advocacy and policy dialogue on the issue of the death penalty, extrajudicial, summary or arbitrary executions and enforced disappearances in Africa.
The Commission has already produced Guidelines on Enforced Disappearances in Africa, which it would like to continue to disseminate. In the same vein, a revised study on the death penalty and a study on extrajudicial, summary or arbitrary executions are underway to provide stakeholders and decision-makers with a tool for advocacy and decision-making in these areas.
To maintain this momentum, the Working Group makes the following recommendations:
To States Parties:
In States where the death penalty still exists:
Observe a moratorium on the use of the death penalty, in accordance with Resolution ACHPR/Res.42(XXVI)99;
Suspend the execution of prisoners sentenced to death and commute their sentences to lesser penalties;
Support and participate in efforts to adopt the draft Protocol to the African Charter on the Abolition of the Death Penalty; and
Take measures to ensure the popularisation and effective implementation of the Guidelines for the Protection of All Persons from Enforced Disappearance in Africa and other applicable instruments aimed at guaranteeing the full protection of the right to life;
To the African Union:
Promote consultations with Member States, regional organisations and mechanisms for the abolition of the death penalty; and
Monitor and support the adoption process of the draft protocol to the Charter on the death penalty.
To National Human Rights Institutions and civil society organisations:
Increase advocacy at national level for the abolition of the death penalty, as well as the prevention of and response to extrajudicial, summary or arbitrary executions and enforced disappearances in Africa.
To other Development Partners:
Provide support to the Working Group to enable it to fulfil its mandate effectively; and
Provide technical and financial support to States Parties, NHRIs and CSOs in their activities, programmes, projects and policies aimed at combating extrajudicial, summary or arbitrary executions and enforced disappearances, as well as criminal justice reform processes aiming at the abolition of the death penalty.
[1] Angola, Benin, Burundi, Cabo Verde, Central African Republic, Chad, Congo, Côte d'Ivoire, Djibouti, Gabon, Guinea, Guinea-Bissau, Madagascar, Mauritius, Mozambique, Namibia, Rwanda, Sao Tome and Principe, Senegal, Seychelles, Sierra Leone, South Africa, Togo and Zimbabwe.
[2] Burkina Faso, Ghana, Equatorial Guinea and Zambia.
[3] Algeria, Cameroon, Eritrea, Eswatini, Gambia, Kenya, Liberia, Malawi, Mali, Mauritania, Morocco, Niger, Sahrawi Arab Democratic Republic, Tanzania and Tunisia.
[4] In July, 25 people were sentenced to death for "theft", "violating orders" and "fleeing" from M23 rebels. On 8 August, the Gombe military court sentenced 26 people to death, including 21 in absentia, for war crimes, participation in an insurrectional movement and treason. On 13 September, 37 people were sentenced to death for attempted coup d'état.
[5] Benin, Burkina Faso, Cabo Verde, Central African Republic, Ivory Coast, Gabon, Gambia, Lesotho, Malawi, Mali, Mauritania, Morocco, Niger, Nigeria, Senegal, Seychelles, South Africa, Sudan, Togo, Tunisia and Zambia.
