Banjul, Republic of The Gambia
23 February – 4 March 2017
1. The African Commission on Human and Peoples’ Rights (the Commission) held its 21st Extraordinary Session from 23 February to 4 March 2017 in Banjul, Republic of The Gambia.
2. The Session was convened to consider urgent matters, reports, communications and
other outstanding matters from the previous Sessions.
3. The Session was chaired by Honourable Commissioner Pansy Tlakula,
Chairperson of the Commission, assisted by Honourable Commissioner Soyata
Maïga, Vice-Chairperson.
4. The 21st Extraordinary Session was attended by the following Members of the
Commission:
i. Honourable Commissioner Pansy Tlakula, Chairperson;
ii. Honourable Commissioner Soyata Maïga, Vice-Chairperson;
iii. Honourable Commissioner Reine Alapini-Gansou;
iv. Honourable Commissioner Yeung Kam John Yeung Sik Yuen;
v. Honourable Commissioner Lucy Asuagbor;
vi. Honourable Commissioner Med S. K. Kaggwa;
vii. Honourable Commissioner Maya Sahli-Fadel;
viii. Honourable Commissioner Lawrence Murugu Mute;
ix. Honourable Commissioner Jamesina Essie L. King;
x. Honourable Commissioner Solomon Ayele Dersso.
5. Honourable Commissioner Kayitesi Zainabo Sylvie was absent with apologies.
6. After the opening ceremony, the Commission considered and adopted the agenda.
7. The Commission paid a courtesy call on the President of the Republic of The
Gambia, H.E. Adama Barrow.
8. The Commission, among other things, discussed the human rights situation in The
Gambia following the post-election crisis and, in this regard, held a working
meeting with the Minister of Foreign Affairs, Mr Ousainou Darboe.
9. At the invitation of the UN Under-Secretary-General for Political Affairs, Mr Jeffrey
D. Feltman, and the Special Representative of the UN Secretary-General for West
Africa and the Sahel, Mr Mohamed Ibn Chambas, who were on a mission to the
country, the Vice-Chairperson, Honourable Commissioner Soyata Maïga, and the
Commissioner responsible for human rights promotion activities in The Gambia,
Honourable Commissioner Jamesina Essie L. King, participated in a consultation
meeting on the human rights situation in The Gambia.
10. The Commission held a working session with a delegation of the APRM, during
which the two institutions discussed about joint activities that could be undertaken
in the future towards promoting good governance in Africa.
11. The Commission held discussions with a delegation of the World Bank and the
African Development Bank on a fragility assessment mission to The Gambia.
3
12. The Commission was briefed by the Vice-Chairperson, Honourable Commissioner
Soyata Maïga, and Honourable Commissioner Reine Alapini-Gansou on the
consultative meeting held on 21 February 2017 with a delegation of the UN interAgency mission on the human rights situation in The Gambia and prospects for joint
activities.
13. The Commission was also briefed by Honourable Commissioner Maya Sahli-Fadel
on the technical meeting on AU-EU Human Rights Dialogue held on 10-11 January
2017 in Brussels, Belgium, and on the strengthening of human rights protection
mechanisms within the framework of the PANAF programme.
14. The Commission considered and made comments on the funding and
implementation plan of the PANAF project in the presence of the Expert/Consultant
posted to the Secretariat by GFA in order to provide technical assistance on the
project.
15. The Deputy Secretary presented the report of the Secretariat on the implementation
of follow-up actions from the 59th Ordinary Session of the Commission.
16. The Commission considered and adopted, with amendments, its 2017 Annual Work
Plan.
17. The Commission considered and adopted a submission to the AUC for the
emoluments of Honourable Commissioners to be harmonised with that of other AU
Organs.
18. The organogram of the Commission was also adopted during the 21st Extraordinary
Session.
4
5
19. During the Session, the Commission considered and adopted, with amendments, the
following Guidelines, General Comments and Declaration:
i. Guidelines for the Policing of Assemblies by Law Enforcement Officers in
Africa;
ii. General Comment on the Right to Redress for Victims of Torture and Other
Cruel, Inhuman or Degrading Punishment or Treatment under Article 5 of
the African Charter on Human and Peoples’ Rights;
iii. Banjul Declaration of the 59th Ordinary Session of the African Year of human
rights, with particular focus on the rights of women under the theme
”women’s rights our collective responsibility “.
20. The Commission also considered and made comments on the following documents:
i. Draft Guidelines on Freedom of Association and Freedom of Peaceful
Assembly in Africa;
ii. Draft Guidelines on Combatting Sexual Violence and its Consequences in
Africa;
iii. Draft Review of the Rules of Procedure;
iv. Draft Memorandum of Understanding with the APRM;
v. Report on the Political and Human Rights Situation in The Gambia and
Proposed Plan of Action;
vi. Report on the Status of Preparedness for the 60th Ordinary Session Scheduled
for 8 to 22 May 2017 in Niger;
vii. Briefing Paper on Commemorative Activities for the 30th Anniversary of the
Commission to be organized during the 61st Ordinary Session.
21. The Commission authorised the publication, on its website, of the Draft Principles
and Guidelines on the Implementation of the Right to Water in Africa, in order to
call for public comments.
6
22. The Commission considered and adopted, with amendments, the Concluding
Observations on the Periodic Report of Burkina Faso.
23. The Commission adopted the following 2 (two) resolutions:
i. Resolution on Developing Guidelines on Combatting Sexual Violence and its
Consequences;
ii. Resolution on the Need to Develop Principles on the Declassification and
Decriminalisation of Petty Offences in Africa.
24. During the Session, the Commission considered and was seized of 8 (eight)
Communications, and granted 5 (five) requests for Provisional Measures.
25. The Commission expresses its sincere gratitude to the Government and people of
the Republic of The Gambia for the warm welcome and hospitality extended to the
Members of the African Commission on Human and Peoples’ Rights during the 21st
Extraordinary Session.
Done in Banjul, Republic of The Gambia, on 4 March 2017
