85th ORDINARY SESSION OF THE AFRICAN COMMISSION ON HUMAN AND PEOPLES' RIGHTS
INTERSESSION REPORT
Presented by
Honourable Commissioner Rémy Ngoy Lumbu
Commissioner and Special Rapporteur on Human Rights Defenders
Focal Point on Reprisals in Africa
Focal Point on Judicial Independence in Africa
Country Rapporteur: Algeria, Cameroon, Côte d'Ivoire, Mali and Togo.
Banjul, 7 to 30 October 2025
INTRODUCTION
1. This report is submitted in accordance with Articles 25(3) and 64 of the Rules of Procedure (2020) of the African Commission on Human and Peoples' Rights (the Commission) and reports on the activities undertaken to promote and protect human rights during the intersession period following the 83rd Ordinary Session held from 2 to 22 May 2025 in Banjul, The Gambia.
2. This report is divided into five main parts. The first part reports on the activities carried out in my capacity as focal point on judicial independence, in accordance with Resolution ACHPR/Res.570 (LXXVII) 2023 on the appointment of a focal point on judicial independence in Africa, adopted by the Commission at its 77th Ordinary Session.
3. The second part deals with initiatives carried out in my capacity as Country Rapporteur responsible for monitoring the human rights situation in Algeria, Cameroon, Côte d'Ivoire, Mali and Togo.
4. In the third part, the report outlines the activities carried out under the mechanism of Special Rapporteur on Human Rights Defenders and Focal Point on Reprisals in Africa (the Special Rapporteur) established by Commission Resolution ACHPR/69(XXXV)04. This mandate was extended to cover the issue of reprisals by Resolution ACHPR/Res.273 (LV)2014. It was renewed under Resolutions ACHPR/Res.83(XXXVIII)05,ACHPR/Res.125(XXXXII)07, ACHPR/Res.149(XLVI)09, ACHPR/Res.202(L)2011, ACHPR/Res.248(LIV)2013, ACHPR/Res.315(LVII)2015, ACHPR/Res.381(LXI)2017, ACHPR/Res.425 (LXV) 2019, ACHPR/Res.451 (LXVI) 2020 and ACHPR/Res.526 (LXXIII) 2022.
5. The fourth part presents a brief analysis of the situation of human rights defenders and freedom of association and assembly. It also reports on activities carried out in my capacity as Focal Point on reprisals in Africa.
6. The final part contains recommendations for the various stakeholders who interact with the Special Rapporteur's Mechanism.
PART I
ACTIVITIES AS FOCAL POINT ON JUDICIAL INDEPENDENCE
7. In my capacity as Focal Point on Judicial Independence, in accordance with Resolution ACHPR/Res.570 (LXXVII) 2023 on the appointment of a Focal Point on Judicial Independence in Africa, adopted by the Commission at its 77th Ordinary Session, I have closely monitored the situation of judicial independence in Africa. To this end, a number of initiatives and activities have been carried out, including (A) the sending of urgent appeals, and (B) the launch meeting of the technical team responsible for drafting a General Comment on Article 26 of the African Charter on Human and Peoples' Rights (African Charter). This section will also provide a brief overview of the situation of judicial independence in Africa (C).
A. Urgent Appeal Letter on allegations relating to the dissolution of Trade Unions in the justice sector and the dismissal of two senior magistrates from the Autonomous Union of Magistrates in Niger
8. Together with the Commissioner responsible for monitoring the human rights situation in Niger, the Honourable Commissioner Selma Sassi-Safer, and the Special Rapporteur on Freedom of Expression and Access to Information in Africa, the Honourable Commissioner Ourveena Geereesha Topsy-Sonoo, on 27 August 2025, a joint urgent appeal letter was sent to the High-level Authorities of Niger. On this occasion, we expressed our concern about reports relating to the dissolution of trade unions in the judiciary sector and the dismissal of two leading magistrates from the Autonomous Union of Magistrates in Niger (SAMAN).
9. In this regard, we called on the Nigerien authorities to take all necessary measures to fully guarantee the independence of the judiciary and the effective protection of trade unionists, in accordance with the regional human rights obligations to which Niger has subscribed.
B. Launching meeting of the technical team responsible for drafting a General Comment on Article 26 of the African Charter on Human and Peoples' Rights.
10. I participated in the launching meeting of the technical team responsible for drafting a General Comment on Article 26 of the African Charter on Human and Peoples' Rights, held on 29-30 May 2025 in Dar Es Salaam, Tanzania.
11. The main objective of this meeting was to put in place a technical team tasked with drafting the General Comment on Article 26 of the Charter, in accordance with Resolution ACHPR/Res.618 (LXXXI) 2024, adopted at its 81st Ordinary Session held from 17 October to 6 November 2025 in Banjul, The Gambia. The team is composed of representatives of the African Court on Human and Peoples' Rights, the United Nations system, intergovernmental organisations, judges and magistrates, the Network of National Human Rights Institutions, civil society and academics.
12. This General Comment will aim to provide guidance to States Parties to better understand their obligations under this Article, as well as the appropriate means of accomplishing them, taking into account evolving practices and emerging challenges, both in law and in practice. Furthermore, this General Comment will support States Parties in implementing Article 26 and assist them in preparing their reports to the ACHPR, in line with Article 62 of the Charter.
13. Participants discussed the plan for drafting the Comment, including its scope and outline. They also discussed the distribution of roles among the members of the technical team, the roadmap, the stakeholder analysis and engagement strategy, and the financial aspects of the project through a collaborative resource mobilisation strategy.
14. During the meeting, participants had the opportunity to meet with Ms Mariya Badeva, Director of Africa LII and the Laws Africa project, who presented the project and its role in providing legal information. She offered to support the drafting of the General Comment by providing research, surveys and data.
15. I would like to take this opportunity to thank GIZ, Dar Es Salaam Office, Tanzania, for their technical and financial support, which enabled the meeting to be held and run successfully.
C. The Situation of Judicial Independence in Africa
16. The situation of judicial independence continues to deteriorate in some countries on the continent. There has been an increase in attacks on the independence of judges, who are under immense pressure from the State to deviate from their professional obligations under threat of unfair dismissal or arbitrary legal proceedings. This situation has serious consequences for the rule of law and the right of individuals to a fair trial.
17. The Commission is also concerned about acts of intimidation, arbitrary arrests and detentions of lawyers, and even their assassination, especially those who defend sensitive cases. This constitutes a major challenge preventing lawyers from working independently.
18. The Commission has been informed of the confusion in certain countries, creating tensions between the Minister of Justice and the President of the High Council of the Judiciary. It has also received reports of tensions between parliaments and the highest courts, particularly constitutional courts.
19. Various reports from diverse sources indicate that in some countries, the Ombudsman's Office has the power to oversee constitutional courts and assess their performance.
Outcome: States and other stakeholders have been alerted to the situation of human rights and judicial independence on our continent.
Recommendation: Calls on States to:
- Observe strict compliance with the separation of powers and guarantee judicial independence for the proper administration of justice;
- Implement the Commission's Guidelines on the Right to a Fair Trial
PART II ACTIVITIES AS COMMISSIONER-RAPPORTEUR OF COUNTRIES
20. In my capacity as Commissioner Rapporteur responsible for monitoring the human rights situation in the States Parties of Algeria, Cameroon, Côte d'Ivoire, Mali and Togo, I have taken a number of actions concerning the following States Parties:
21. Regarding the People's Democratic Republic of Algeria, together with the Special Rapporteur on Freedom of Expression and Access to Information in Africa, Honourable Commissioner Ourveena Geereesha Topsy-Sonoo, we sent an urgent appeal letter to the high authorities of that country on 5 June 2025. This letter concerned the blocking of the Riposte Internationale website in Algeria. On this occasion, we reminded the Algerian State of the importance of refraining from any form of interference with non-governmental organisations working to promote human rights in the country.
22. Concerning the Republic of Cameroon, on 18 June 2025, I sent an urgent appeal letter to the Cameroonian authorities pertaining to allegations of violations involving acts of harassment and intimidation perpetrated against Mr Maurice Kamto, president of the opposition political party Mouvement pour la Renaissance du Cameroun (MRC) and a declared candidate in the 2025 presidential election. I took this opportunity to remind the Government of its obligation to refrain from any form of intimidation or harassment of members of the opposition and to ensure that they can carry out their political activities freely, without hindrance or fear of reprisals.
23. Regarding the Togolese Republic, three urgent appeal letters were sent to the country's highest authorities. The first letter, sent on 18 June 2025, touched on allegations of harassment and arbitrary detention of Mr. Tchala Essowè Narcisse, a Togolese artist and activist. I took this opportunity to remind the Togolese Government of the need to implement adequate practical safeguards to ensure respect for all rights related to a fair trial, including the right to prepare one's defence and to appear before an independent court. The second letter, sent on 9 July 2025, concerned allegations such as the lethal use of force, arrests and detentions during the recent demonstrations in June 2025, and the arbitrary detention of other Togolese activists. On this occasion, I called on the State to put in place concrete and effective guarantees to formally prohibit all acts of torture, whether physical or psychological, as well as all cruel, inhuman or degrading treatment, throughout Togo. The third letter was sent on 15 October 2025. It concerned allegations of violations such as harassment, arbitrary arrest and detention of Mr Foly Satchivi, the leader and spokesperson of En Aucun Cas, a human rights movement in Togo. I drew the Government's attention to the need to put in place concrete safeguards to ensure respect for all rights relating to a fair trial, in particular the right to legal assistance to ensure a defence before an impartial and independent court.
Outcome: The highest authorities in these countries (Algeria, Cameroon, and Togo) were alerted and made aware of the allegations of human rights violations concerning them.
Recommendations:
- Call on the States concerned to investigate the alleged violations;
- Call on the States to investigate the conditions of detention of the demonstrators, as well as the allegations of ill-treatment and torture inflicted on them, and bring the alleged perpetrators to justice;
- Refrain from all forms of intimidation and harassment, including judicial harassment, against activists, human rights defenders and leaders of opposition political parties, and ensure that they can carry out their human rights or political activities without hindrance or fear of reprisals.
- Adopt a specific law on the protection of human rights defenders.
PART III ACTIVITIES AS SPECIAL RAPPORTEUR ON HUMAN RIGHTS DEFENDERS AND FOCAL POINT ON REPRISALS IN AFRICA
A. PROMOTION ACTIVITIES.
I. Press release on allegations of excessive use of force against peaceful demonstrators in the Republic of Kenya
24. Together with the Commissioner responsible for monitoring the human rights situation in the Republic of Kenya and other special mechanisms, we issued a joint statement on 26 June 2025 on the human rights situation in Kenya. We deplored and condemned the use of live ammunition by the police, which resulted in loss of human lives.
25. We also expressed, among other things, our concern about the excessive use of force by the security forces, the arbitrary deployment of non-state actors to disrupt peaceful demonstrations, and restrictions imposed on the media to prevent live coverage of peaceful demonstrations organised by Generation Z in Nairobi's central business district on 17 June 2025.
26. To this end, we recalled the obligations of the Kenyan authorities under the relevant provisions of the African Charter, rights which remain applicable and must be respected, protected and implemented at all times, including during periods of political unrest and public demonstrations.
27. We also made recommendations to the Kenyan authorities on a series of measures to be implemented to end and remedy this situation.
Outcome: Alert to the international community on the human rights situation and restrictions on the right to freedom of assembly and peaceful demonstration in the Republic of Kenya.
Recommendation: The Kenyan authorities should implement the recommendations made by the Commission in this statement.
II. Joint statement on the protection of the rights to freedom of peaceful assembly and association against criminalisation in a context of intensifying existential threats, 15 September 2025
28. As part of the commemoration of the International Day of Democracy celebrated on 15 September each year and on the initiative of the United Nations Special Rapporteur on the rights to freedom of peaceful assembly and association, we have jointly with UN and Inter-American Mechanisms, published a joint statement aimed at protecting and preventing the stigmatisation of the right to freedom of association in the face of the spread of the expression "foreign agent"/"foreign influence" and laws with similar effects .
29. The statement highlighted our concern that, because of their non-violent activism and protected expressions, thousands of human rights defenders and activists have been and continue to be arbitrarily arrested and detained, sentenced to severe and prolonged criminal penalties without guarantees of due process or a fair trial, and that many are being expelled or threatened with expulsion, forced into exile, subjected to illegal economic sanctions and transnational repression, while many associations have been illegally dissolved and deprived of funding.
30. On this occasion, we strongly condemned the widespread stigmatisation of those who legitimately exercise their rights and freedoms, labelled by some States as "enemies", "traitors", "spies", "terrorists", "criminals" or other similar terms. To this end, we called on States to end the repressive and punitive criminalisation of those seeking to exercise their rights and freedoms, at a time when the values underlying these rights are increasingly under threat. We have further called on States to refrain from treating peaceful protests and civil society seeking to engage in democratic debate and processes and in the protection of rights as a threat, enemies or criminals; and to ensure that everyone's rights to freedom of assembly and association are protected and facilitated in accordance with international human rights law.
Outcome: Awareness raised on the general principles applicable to the exercise of the right to freedom of association and assembly and on the obligations of States for their effective implementation.
Recommendation: States should take all necessary measures to effectively implement the rights to freedom of association and assembly, in accordance with Articles 10 and 11 of the African Charter.
III. Drafting of an African Declaration on the Promotion and Protection of Human Rights Defenders in Africa
31. During the intersessional period, the Special Rapporteur continued to draft the African Declaration on the Promotion and Protection of Human and Peoples' Rights Defenders in Africa with a view to improving its content and quality.
32. Work is continuing as normal and will most certainly be completed in 2026, providing Africa with an important tool that is aligned with our values and traditions. Face-to-face consultations will begin after the 85th ordinary session of the African Commission on Human and Peoples' Rights.
Outcome: The text has undergone extensive revisions.
Recommendation: Support and collaboration from all stakeholders.
B. PROTECTION ACTIVITIES
I. Urgent Appeals
33. During the period under review, the mechanism received complaints alleging violations of the rights of human rights defenders, which it followed up on according to the specific needs of each case. Thus, during the reporting period, sometimes in conjunction with other mechanisms or country rapporteurs, thirteen (13) urgent appeal letters were sent to the States parties of: Algeria (1), Angola (1), Cameroon (1), Ethiopia (1), Kenya (1), Niger (1), Tanzania (2), Chad (1), Togo (3) and Uganda (1).
34. These complaints concern allegations of human rights violations relating, in particular to:
i. The blocking of the Riposte Internationale website in Algeria; ii. The harassment and arbitrary detention of Mr Tchala Essowè Narcisse, a Togolese artist and activist;
iii. The use of force, killings, arrests and arbitrary detentions during the July 2025 protests in Angola;
iv. Acts of harassment and intimidation against political opponent Maurice Kamto in Cameroon;
v. The arbitrary arrest and detention of striking health workers in the Federal Democratic Republic of Ethiopia; vi. The arrest and prosecution of digital activist, Ms Rose Njeri, and threats to civic space in Kenya;
vii. The dissolution of trade unions in the judiciary sector and the dismissal of two leading magistrates from the Autonomous Union of Magistrates in Niger;
viii. The human rights situation in the United Republic of Tanzania, particularly the arrest and incommunicado detention of political opponent, Mr Lissu;
ix. The arrest, refusal of entry into the United Republic of Tanzania, and subsequent expulsion of human rights defenders;
x. The revocation of the Chadian nationality of activists Charfadine Gakmaye Saleh and N'Guebla Makaila;
xi. The mass arbitrary arrests and detentions that took place during peaceful demonstrations organised in June in Togo;
xii. The harassment, arrest and arbitrary detention of Mr Foly Satchivi, a Togolese activist; xiii. The abduction of two Kenyan human rights defenders in Uganda.
35. I also issued a joint press release with the Commissioner responsible for monitoring the human rights situation in the Republic of Guinea, Honourable Commissioner Idrissa Sow, and the Special Rapporteur on freedom of expression and access to information in Africa, Honourable Commissioner Ourveena Geereesha Topsy-Sonoo, on the decision announced on 22 August 2025 by the Guinean authorities to suspend, for 90 days, all activities, including the organisation of meetings, demonstrations or propaganda campaigns by three political parties (these were in addition to 28 other political parties that had been suspended five months earlier). We reminded the Guinean Government that this decision is likely to violate the rights to freedom of expression, freedom of association and assembly, and participation in public affairs recognised for Guinean citizens. The content of this press release is available on the Commission's website.
II. Responses from States
36. During the intersession period, the Mechanism received a response from the Algerian authorities on allegations that the Riposte Internationale website had been blocked. In their response, the authorities indicated that Algeria has a national legislative framework governing freedom of expression and access to information. They also stated that the competent authorities are not aware of any official or administrative measures aimed at blocking access to this website. Furthermore, they emphasised that the website in question is hosted in a third country, which excludes any jurisdiction of the Algerian State with regard to a possible blocking of its content.
37. The Mechanism also received a response from the Algerian authorities to the urgent appeal letter sent on 4 April 2025 concerning the case of Mr Boualem Sansal. In their letter, the Algerian authorities confirmed that Mr Boualem Sansal has been prosecuted on various charges, in accordance with the provisions of the Penal Code, with a committal order. The Algerian authorities also stated that the principles of a fair trial are already enshrined in national legislation and provided on how these principles were respected at all stages of the case.
38. Furthermore, a response was received from the Togolese authorities regarding allegations of lethal use of force and arbitrary arrests and detentions during the demonstrations in June 2025. Their response highlighted the competent authority to which our urgent appeals were addressed, in accordance with the Constitution in force. The necessary corrections were made and a new dispatch was sent.
39. The Mechanism also received a response from the Ethiopian authorities on the allegations of arbitrary arrests and detentions of striking health workers. In their response, the authorities indicated that the alleged facts did not reflect the reality on the ground. They recalled that, while continuing to harmonise its internal legal framework for the protection of human rights, the State must ensure that the exercise of these rights is carried out in accordance with the legislation in force. According to the authorities, the strike in question had deviated from its initial objective, disrupted the provision of medical care and placed some patients in critical situations.
40. Finally, the Mechanism a note acknowledging receipt from the Ivorian authorities in respect of the letter dated 5 May 2025 on the situation of Mr Ghislain Assy Guggary.
Outcome: Draw the attention of the States Parties concerned to the need to take appropriate measures to remedy the alleged violations, if they prove to be accurate.
Recommendation: Respond to the urgent appeal letters sent by the Mechanism, for those who have not yet done so, and take appropriate steps to prevent and combat human rights violations.
PART IV : ANALYSIS OF THE SITUATION OF HUMAN RIGHTS DEFENDERS IN AFRICA
41. A favourable national legal framework is a necessary element in ensuring a safe and enabling environment for the work of human rights defenders, as stipulated in numerous international and regional instruments, including the absence of laws and practices that restrict and criminalise their work, as well as the adoption and effective implementation of laws and measures that guarantee their support and protection.
42. The situation of human rights defenders has evolved positively in some countries, while in others it continues to deteriorate. In the following paragraphs, I have provided an overview of the situation of human rights defenders, freedom of association and assembly, demonstration and the issue of reprisals in a number of countries.
A. FREEDOM OF ASSOCIATION AND ASSEMBLY IN AFRICA
43. Freedom of association, assembly and peaceful demonstration are essential rights for collective expression and the defence of human rights.
44. In terms of positive developments, the mechanism noted in particular:
- The appointment of a civil society representative to the Committee for the Protection of Human Rights Defenders in the Republic of Côte d'Ivoire;
- The decision of the Administrative Court of Douala, Cameroon, handed down on 19 September 2025, ordering the removal of the seals affixed to the premises housing the REDHAC offices since 6 December 2024;
45. In terms of areas of concern, the Mechanism noted the following situations in particular:
- Restrictions on freedom of assembly through the suspension of all political party activities in the Republic of Guinea;
- The use of force to suppress demonstrations, resulting in the loss of human lives, arrests and arbitrary detentions of civilians, particularly in Kenya and Angola;
- The escalation of violations of the rights of human rights defenders, marked by threats to the civic space in Kenya;
- Mass arbitrary arrests and detentions to suppress peaceful demonstrations in Togo;
- Some States continue to require prior authorisation for any demonstration, despite the declaratory regime in place that regulates the enjoyment of this freedom;
- The persistence of legislative frameworks and ongoing legal restrictions that severely hamper the work of civil society associations and organisations in certain States, despite the commitment of States Parties to respect and guarantee human rights without discrimination;
- The politicisation of civil society organisations and the work of human rights defenders;
- The absence of laws and other legal mechanisms specifically designed to protect human rights defenders in most countries opens the door to violations of their rights and increases their vulnerability;
- The continued use by some States of emergency health or security measures to unduly restrict the rights to freedom of association and assembly, particularly for opposition political actors, civil society and human rights defenders.
- The dissolution of two youth associations, namely the Association of Young People for Rural Development and the National Coordination of Young People for Peace and Development in Chad, as well as the banning of the activities of the political section of Wakit Tamma and the citizen movement Le Temps following the decisions of 26 June 2025 by the Ministry of Territorial Administration and Decentralisation;
- The harassment and intimidation of human rights defenders working on sensitive issues such as corruption, elections, governance of extractive industries and the rights of sexual minorities in certain countries;
- The arrest and detention of human rights defenders following peaceful demonstrations against massive corruption and the looting of State property by public officials in The Gambia;
- The slow implementation by Senegal of the ECOWAS Court of Justice's decision ordering it to withdraw the decree banning all demonstrations on public roads in downtown Dakar;
- The introduction by the Kenyan Parliament of a bill amending the Public Order Act 2025, which infringes on the right to freedom of peaceful assembly; and
- The Interministerial Order No. 0755/MIS/MEMD of 17 October 2025 prohibiting public meetings and demonstrations throughout the national territory, with the exception of those related to the electoral process, for a period of two months.
46. The Commission recalls and encourages the use of its Guidelines on Freedom of Association and Assembly in Africa, which it adopted to assist States, including policymakers, law drafters and legislators, in ensuring that legislation, policies and administrative practices are in line with best practices and international standards and that measures do not unduly interfere with the freedoms of association and assembly.
47. It further recalls the important role that national courts play in guaranteeing freedoms of association and assembly.
48. However, the Special Rapporteur wishes to draw the atenon of stakeholders to the urgent need to take into account the latest developments in this area, especially the importance of not neglecng the new phenomenon known as ‘Gen Z’. This phenomenon alone demonstrates the struggle that the Rapporteur has brought before the Commission, without success, based on one of the recommendaons of the First Forum of Joint Mechanisms held from 24 to 26 April 2025 in Dakar, Senegal.
49. This concerns the issue of the direct parcipaon of (African) individuals and African communies in Agenda 3 of the sessions (human rights situaon in Africa), without the need for representaon through NGOs and NHRIs. It should be borne in mind that the African Charter was created primarily to protect individuals and communies against States. It was not created to protect any other categories of actors. It is therefore unusual that they do not have direct access to this Agenda, subject to terms and condions to be determined.
50. The Rapporteur remains convinced that it is because the Commission has failed to find a soluon to this issue that the streets are now expressing themselves without resorng to NGOs and other similar structures.
51. The Rapporteur firmly believes that the acons taken by Gen Z in Madagascar, Kenya, Tanzania, Morocco (a State not party to the Charter), Chad, Angola and soon in other countries (which will most certainly happen) demonstrate the urgency of addressing this issue.
52. The Special Rapporteur therefore has good reason to keep an eye on this new form of social acvism led by an uninformed and unorganised civil society (in the sense of a society of cizens), which is nonetheless effecve and legimate.
B. THE ISSUE OF RETALIATION ON THE CONTINENT
53. Acts of reprisals continue to occur and remain widespread, taking various forms, including killings, assassinations, systematic harassment, undue restrictions on access to meetings of human rights bodies, various threats, physical violence and other abuses, unjustified restrictions on the activities of civil society organisations, espionage, burglary of the headquarters of organisations and associations, defamation , suspension of accreditations, arbitrary arrests and detentions, and repetitive legal proceedings.
54. These cases of reprisals are common throughout the continent, with varying degrees of severity depending on the country. I would mention, in particular:
- The dismissal of two senior magistrates from the Independent Magistrates' Union in Niger;
- The deportation by the Tanzanian authorities of foreign human rights defenders who were legally residing in the country to observe the trial of opposition leader Mr Tundu Lissu;
55. I call on States to investigate threats and acts of intimidation against human rights defenders and to ensure that the alleged perpetrators are brought to justice and that rights holders and victims obtain justice and adequate reparations.
56. In accordance with the mandate assigned to the mechanism on reprisals, we are continuing our efforts to prevent and combat reprisals against human rights defenders who collaborate or attempt to collaborate with the African Commission.
PART V. CONCLUSIONS AND RECOMMENDATIONS
A. CONCLUSIONS
57. I continue to deplore the alarming situation of human rights defenders on the continent. The number of complaints received by the mechanism remains stable, although some countries more than others are the subject of regular complaints, the veracity of which it endeavours to verify before contacting the State concerned. In this regard, I would like to emphasise that the follow-up to our urgent appeals, both in terms of their actual receipt by States and the implementation of our recommendations, remains a major challenge.
58. Regarding its activities, the Mechanism continues to collaborate with States on various issues, including:
- The proper application of human rights standards and norms in respect of human rights defenders, in particular through recommendations made on State reports, country visits, fact-finding missions, urgent appeals and other means;
- The adoption of laws on the protection of human rights defenders, and in this regard, it reiterates its willingness to support them in the various stages of the adoption of these laws;
- The implementation of various standards relating to the promotion and protection of the rights of human rights defenders.
59. The Mechanism is continuing to develop a study to assess the level of compliance of national legislation with the Guidelines on Freedom of Association and Assembly in Africa. A detailed report on legislation and policies that impose restrictions on public freedoms and reduce the role and operational space of civil society actors will be presented in due course.
60. The Mechanism is also continuing to improve the tracker on freedoms of association and assembly in Africa, a transparent and objective tool that will be made available to the public by the Special Rapporteur with the technical support of his Support Group for the promotion and monitoring of the effective implementation of the Guidelines on Freedom of Association and Assembly in Africa.
61. Finally, the Mechanism is also continuing to play a leading role in the drafting of the African Declaration on the Promotion and Protection of Human Rights Defenders.
B. RECOMMENDATIONS
62. The recommendations made in our previous reports remain relevant. The Mechanism would like States Parties and various stakeholders, including civil society, to take ownership of these recommendations and work towards their effective implementation.
To States Parties:
i. Develop, adopt and implement stronger and more adequate national laws, policies and programmes for the protection of human rights defenders, following the example of Côte d'Ivoire, Burkina Faso, Mali and Niger in West
Africa and the DRC in Central Africa; ii. Raise awareness among administrative, judicial and security authorities about laws on human rights defenders in order to remove any restrictions limiting their work;
iii. Ensure that the mechanisms put in place for the protection of human rights defenders are inclusive and bring on board representatives of civil society in their composition;
iv. Ensure that draft legislation on the protection of human rights defenders complies with regional and international standards and the model law on the recognition and protection of human rights defenders in order to create a legal environment conducive to their work;
v. Ensure that the revision of counter-terrorism laws meets relevant regional and international standards and the Principles and Guidelines on Human and Peoples' Rights in the Fight against Terrorism in Africa adopted by the
Commission in 2015; vi. Refrain from adopting repressive laws that tend to restrict civic space and the legitimate activities of human rights defenders in promoting and defending human rights;
vii. Adopt special laws to address the issue of protecting environmental rights defenders or those in situations of health and security crises or other continental or global crises;
viii. Raise awareness and build the capacity of various actors, including defenders, on the laws and regulations governing the promotion and protection of human rights;
ix. Take all appropriate measures to ensure that defenders can carry out their activities in conditions of safety, free from any threat to their physical and moral integrity;
x. Pay particular attention to the situation of women human rights defenders, which remains a constant concern for the Special Rapporteur’s Mechanism;
xi. Refrain from de-registering NGOs and civil society organisations working to promote and protect human rights and strengthen civic and democratic space by promoting freedom of expression, association and peaceful assembly for all human rights defenders;
xii. Ensure that measures taken by States to combat terrorism and illicit financial flows are in accordance with the African Commission's Declaration of Principles on Freedom of Expression in Africa and the Principles and Guidelines on Human and Peoples' Rights in the Fight against Terrorism in
Africa; xiii. Establish adequate mechanisms for redressing the harm suffered by human rights defenders in the course of their work;
xiv. Engage in dialogue and consultation with human rights defenders, publicly recognise and support their work through communication and information campaigns;
xv. Encourage the associations and avoid bureaucratic registration procedures that prevent citizens from benefiting from the advantages provided by the African
Charter;
xvi. Encourage and promote the organisation of defenders' work in networks at national, sub-regional and continental levels;
xvii. Be more proactive in responding to allegations of violations of defenders' rights brought to their attention by my Mechanism and other Mechanisms of the Commission.
To the African Union and other regional and sub-regional organisations:
i. Recognise the essential role of human rights defenders in the effective implementation of democratic principles, the rule of law, good governance and sustainable development in Africa;
ii. Encourage Member States and African Union bodies to conduct awarenessraising campaigns on the fundamental role played by human rights defenders; iii. Create a space for dialogue between States, human rights defenders and other key actors on challenges, good practices and progress in the protection of human rights defenders;
iv. Encourage and support full collaboration between national, regional and international human rights mechanisms.
To National Human Rights Institutions:
i. Fully exercise their mandates to promote and protect human rights in order to hold States accountable for violations committed against human rights defenders and intervene in support of defenders who are victims of human rights violations;
ii. Establish internal mechanisms for the protection of human rights defenders within the institution and ensure that they have sufficient resources and actively collaborate with all human rights defenders;
iii. Widely disseminate the Guidelines on Freedom of Association and Assembly in Africa, monitor their implementation, and share information on our Mechanism.
iv. Sustain initiatives relating to the regular holding of the NHRIs Forum in the run-up to the Commission's sessions.
To Civil Society Organisations :
i. Continue to collaborate with national, regional and UN mechanisms for the promotion and protection of human rights, in order to prevent and respond to human rights violations committed against populations and human rights defenders;
ii. Not to focus solely on the fulfilment of certain human rights (e.g. the right to freedom and assembly) to the detriment of other rights (the right to life; economic, social and cultural rights and collective rights) and seek to maintain the necessary balance so that the fulfilment of certain rights does not lead to the destruction of others;
iii. Establish and strengthen networks of national and regional defenders to promote collaboration and cross-sectoral approaches that enable alliances with diverse groups to be formed;
iv. Develop innovative approaches to involve the general public, political actors and other opinion leaders, including the media, in the work of human rights defenders;
v. Comply with existing laws and regulations and conduct their activities in accordance with international, regional and national texts dedicated to this purpose;
vi. Avoid the political exploitation of their activities and contribute to each other's capacity building;
v. Widely disseminate the Guidelines on Freedom of Association and Assembly in Africa, monitor their implementation and share information on our mechanism.
vi. Continue their activities to promote and defend human rights and engage in constructive dialogue with the various stakeholders.
To the Media
i. Engage in dialogue with all human rights defenders and support their efforts to advance human rights, the rule of law, social change and development;
ii. Work in solidarity with human rights defenders to enable them to inform themselves and inform the public appropriately.
To Religious and Traditional Leaders
i. Work to remove obstacles to the work of human rights defenders and civil society organisations, in particular access to communities;
ii. Work to prevent negative practices that discriminate against women defenders and human rights defenders working with people who are criminalised and/or discriminated against, such as sex workers, people living with HIV and people of diverse sexual orientations and identities.
To the Technical and Financial Partners
i. While thanking them for their continued support, I encourage them to continue supporting the mechanism, States parties, national institutions and civil society in their efforts to better promote and protect the rights of human rights defenders.
