85th ORDINARY SESSION OF THE AFRICAN COMMISSION ON HUMAN AND PEOPLES’ RIGHTS
07 – 30 October 2025
INTER-SESSION REPORT OF THE WORKING GROUP ON COMMUNICATIONS
Presented by Honourable Commissioner Marie Louise Abomo Chairperson of the Working Group on Communications
INTRODUCTION
1. The Working Group on Communications (the WGC or Working Group) was established by Resolution ACHPR/Res.194(L)11, pursuant to Rule 23(1) and Rule 97 (2) of the 2010 Rules of Procedure of the African Commission on Human and Peoples’ Rights (the Commission).
2. During the 11th Extraordinary Session, held in Banjul, The Gambia, from 21 February to 01 March 2012, the Commission adopted Resolution ACHPR/Res. 212(EXT.OS/XI)12 defining the mandate of the Working Group.
3. This Report is presented in accordance with Rules 25(3) and 64 of the Commission’s Rules of Procedure (2020) and covers activities undertaken during the intersession period between November 2024 to May 2025. The Report is structured as follows:
A. Activities of the Working Group;
B. Communications considered during the reporting period; C. Communications pending before the Commission;
D. Challenges, recommendations, and prospects.
A. Activities of the Working Group
(i) Complementarity between the Commission and the African Court on Human and Peoples' Rights
4. The Working Group participated in the Second Retreat between the Commission and the African Court on Human and Peoples' Rights (the African Court) on complementarity. In this regard, it participated in the development and adoption of the Guidelines on the Submission and Transfer of Cases.
5. The following documents were produced at the end of the retreat:
i. Guidelines on the Submission and Transfer of Cases;
ii. Report on the Implementation of the Addis Ababa Roadmap;
iii. Report on the Implementation of the Roadmap on Complementarity between the Commission and the Court for the Period 2023-2025;
iv. Final Communiqué of the Retreat.
6. Following the adoption of the Guidelines on the Submission and Transfer of Cases, the Working Group coordinated the development of the Conditions and Criteria for the Selection of Cases to be Submitted to the African Court, which were adopted during the private session of this 85th Ordinary Session.
(ii) Meetings or consultations of the Working Group on Communications
7. Between the 83rd Session and the present one, the Working Group, in a consultation held on 14 July 2025, issued a favourable opinion on the holding of an oral hearing on the merits of one Communication.
8. In a consultation, held on 25 July 2025, it seized three (3) Communications and dismissed the related request for Provisional measures. During the same consultation, the Working Group seized another Communication and drew the Respondent State's attention to Rule 107 of the Commission's 2020 Rules of Procedure relating to the protection from reprisals.
9. The Working Group also considered a request for the review of an admissibility decision and instructed the Secretariat to submit the respective draft to the Commission's plenary for consideration.
10. By consultation of 22 September 2025, the Working Group seized a Communication related to elections in one of the States parties but dismissed the Complainant’s request for Provisional Measures.
B. Communications considered during the reporting period
11. At the beginning of the 83rd Ordinary Session, held in Banjul, The Gambia, from 02 to 22 May 2025, one hundred and seventy-seven (177) communications were pending before the Commission, including:
- thirty-eight (38) Communications on the merits;
- one hundred and thirty (131) communications on admissibility; - seven (7) Communications for seizure; - one (1) Communication for review.
12. The Working Group recalls that during the 83rd Ordinary Session, nine (9) communications were examined, including:
- three (3) Communications were declared admissible;
- five (5) Communications were declared inadmissible; - one (1) Communication was adopted on the merits.
13. The Commission also held an oral hearing on one Communication, which was attended by both parties.
14. At the beginning of the 84th Ordinary Session, which was held virtually from 21 to 30 June 2025, one hundred and eighty-two (182) Communications were pending before the Commission, including:
- forty (40) Communications on the merits;
- one hundred and twenty-seven (127) communications on admissibility; - thirteen (13) Communications for seizure; - two (2) Communications for review.
15. During this session, the Commission examined fifteen (15) Communications. Thus,
- five (5) Communications were declared admissible;
- four (4) Communications were declared inadmissible; - three (3) Communications were adopted on the merits; - three (3) Communications were struck out.
C. Communications currently pending before the Commission
16. At the beginning of this session, one hundred and seventy-seven (177) communications were pending before the Commission, including:
- forty-two (42) Communications on the merits;
- one hundred and sixty-seven (116) Communications on admissibility, including one Communication between States; - eighteen (18) Communications for seizure; - one (1) Communication for review.
17. During this session, the Commission examined twelve (12) communications, as follows:
- six (6) Communications were declared admissible; - three (3) Communications were declared inadmissible; - two (2) Communications were struck out.
18. Thus, one hundred and seventy-seven (172) communications are currently pending before the Commission, namely:
- forty-seven (47) Communications on the merits;
- one hundred and eight (108) Communications on admissibility, including one Communication between States;
- eighteen (16) Communications for seizure; - one (1) Communication for review.
D. Challenges, recommendations, and perspectives
a) Challenges
19. The Working Group reiterates its concern in relation to the low implementation rates of the Commission’s decisions on Communications. The Working Group recall that States Parties to the Charter are under a peremptory obligation, free consented, to implement the decisions of the Commission under Article 1 of the African Charter.
20. In addition, the Working Group notes that there also has been a growing trend of legal practitioners submitting cases prematurely and without regard to the Rules of Procedure (2020), as well as the competence of the Commission.
21. The Working Group reiterates its concern about the low level of cooperation of Respondent States in Communications. Less than 50% of States, against whom Communications have been brought, transmit submissions to the Commission. This results in the Commission resorting to adopting default decisions.
22. Finally, the Working Group wishes to stress the importance of compliance with the principle of confidentiality of decisions until their publication is authorised in accordance with Article 59 of the Charter.
b) Recommendations
23. In view of the above, the Working Group:
(i) Urges States Parties to implement the Commission’s decisions and report accordingly within the 180 days period stipulated in Rule 125(1) of the Rules of Procedure (2020);
(ii) Reiterates its request that all Parties to the Communications apply the relevant provisions of the Rules of Procedure (2020), particularly with regard to the deadlines for submitting arguments and evidence at the different stages of the procedure, and to respect the principle of confidentiality provided for in Article 59 of the African Charter;
(iii) Encourages States Parties to the African Charter to raise awareness on the African Charter, as well as the quasi-judicial function of the Commission, with a view to preventing the abuse of the Communications handling procedure by Parties;
(iv) Encourages Complainants to submit complete complaints, including submissions on seizure, admissibility, merits and reparations, in order to facilitate the rapid examination of communications;
(v) Encourages Parties to use the standardised complaint forms available on the Commission’s website:
➔ https://achpr.au.int/index.php/en/news/announcements/202109-03/african-commission-human-and-peoples-rights-complaintform-non-state (English)
➔ https://achpr.au.int/index.php/fr/news/announcements/2021-0903/formulaire-de-plaintes-de-la-commission-africaine-des-droits-de (French)
➔ https://achpr.au.int/index.php/pt/news/announcements/202109-03/impresso-de-queixa-da-comissao-africana-dos-direitoshumanos-e-dos (Portuguese)
c) Perspectives
24. The WGC believes that its establishment was essential to ensuring streamlined and efficient handling of Communications. However, the achievement of this objective still depends on the collaboration of all relevant stakeholders at the national and regional levels.
25. The Working Group is ready to cooperate with the High Courts of the States Parties, national bar associations, research institutions, and universities in the dissemination and popularisation of the Commission’s jurisprudence and the procedure for the protection of human and peoples’ rights. This cooperation includes the training of all stakeholders, particularly those of the judicial system of the States Parties.
26. The WGC, therefore, continues to gather diverse perspectives and suggestions from all stakeholders with a view to strengthening the fulfilment of its mandate and, by extension, to enhance the Commission’s mandate entrusted to it by the States Parties.
27. Cognisant of the need to address the persistent problem of lack of information and data on the extent of implementation of its decisions, the Commission is conducting a Baseline Assessment of the Status of Implementation of its Decisions (the Baseline Report), which covers the period of 1994 to 2024. The Report will examine State compliance, identify key obstacles, highlight promising practices, and propose strategic reforms to strengthen accountability. When completed, the Baseline Report, will provide the first continentwide assessment by the Commission on the status of implementation of its decisions on Communications.
Thank you for your kind attention!
