Banjul, Republic of the Gambia
17 October to 6 November 2024
1. In accordance with Article 64 (2) of the African Charter on Human and Peoples‘ Rights (the African Charter), read in conjunction with Rule 27 of the Rules of Procedure (2020), the African Commission on Human and Peoples’ Rights (the Commission) held its 81st Public Ordinary Session in Banjul, Republic of The Gambia, from 17 October to 6 November 2024.
2. The opening ceremony of the Session took place on 17 October 2024 at the Sir Dawda Kairaba Jawara International Conference Centre. It was presided over by Honourable Dawda A. Jallow, Attorney General and Minister of Justice of the Republic of The Gambia, and Honourable Commissioner Rémy Ngoy Lumbu, Chairperson of the Commission.
3. The proceedings of the Session were chaired by Honourable Commissioner Rémy Ngoy Lumbu, Chairperson of the Commission, assisted by the Vice- Chairperson, Honourable Commissioner Janet Ramatoulie Sallah-Njie.
4. The following Members of the Commission participated in the Session:
i. Honourable Commissioner Rémy Ngoy Lumbu, Chairperson;
ii. Honourable Commissioner Janet Ramatoulie Sallah-Njie, Vice-Chairperson;
iii. Honourable Commissioner Solomon Ayele Dersso;
iv. Honourable Commissioner Hatem Essaiem;
v. Honourable Commissioner Maria Teresa Manuela;
vi. Honourable Commissioner Marie Louise Abomo;
vii. Honourable Commissioner Idrissa Sow;
viii. Honourable Commissioner Litha Musyimi-Ogana; and
ix. Honourable Commissioner Selma Sassi-Safer.
5. Honourable Commissioner Mudford Zachariah Mwandenga and Honourable Commissioner Ourveena Geereesha Topsy-Sonoo participated virtually in the private segment of the Session.
6. Key addresses were delivered at the opening ceremony by:
i. Mrs Hannah Forster, Executive Director of the African Centre for Democracy and Human Rights Studies, speaking on behalf of the NGO Forum’s Steering Committee;
ii. Mr Joseph Whittal, representing the Network of National Human Rights Institutions;
iii. H.E. Olof Skoog, European Union Special Representative for Human Rights;
iv. Mr Christian Mukosa, Representative, Office of the High Commissioner for Human Rights in Liberia, representing H.E. Mr Volker Türk, High Commissioner for Human Rights
v. Honourable Jean-Marie Nibirantije, Chairperson of the Pan-African Parliament's Committee on Justice and Human Rights;
vi. H.E Rassoul Ould El Khal, Deputy Commissioner for Human Rights, Humanitarian Action and Relations with Civil Society, Islamic Republic of Mauritania, on behalf of the States Parties;
vii. Honourable Commissioner Rémy Ngoy Lumbu, Chairperson of the African Commission on Human and Peoples' Rights;
viii. Mrs Patience Chiradza, Director, Governance and Conflict Prevention Directorate, African Union Commission, representing H.E. Mr Moussa Faki Mahamat, Chairperson of the African Union Commission
ix. Honourable Dawda A. Jallow, Attorney General and Minister of Justice of the Republic of The Gambia, who declared the session open.
7. All statements made during the Opening Ceremony can be accessed on the Commission's website.
8. A total of six hundred and thirty one (631) participants attended the Session, including: one hundred and twenty-two (122) representatives of twenty-eight (28) States Parties; eleven (11) representatives of AU Organs; two (2) representatives of Regional Economic Communities; twenty-seven (27) representatives of international and intergovernmental organisations; forty-five (45) representatives of NHRIs; three hundred and seventy-two (372) representatives of African and international NGOs; and twelve (12) representatives of press and media organisations and forty (40) officers from the Commission Secretariat.
9. Representatives of fifteen (15) States Parties, namely Algeria, Angola, Burkina Faso, Cameroon, Democratic Republic of Congo, Egypt, Eritrea, Eswatini, Lesotho, Mauritania, South Africa, Tunisia, Rwanda, Uganda and Zimbabwe, made statements on the human rights situation in their respective countries.
10. Representatives of six (6) National Human Rights Institutions with Affiliate Status with the Commission made statements on the human rights situation in their respective countries, namely the National Human Rights Commission of South Africa, the National Human Rights Commission of Burkina Faso, the Independent National Human Rights Commission of Burundi, the National Human Rights Commission of Cameroon, the National Human Rights Commission of Ethiopia, and the National Human Rights Commission of Malawi.
11. The Network of African National Human Rights Institutions also made a statement on the human rights situation in Africa.
12. Eighty-seven (87) NGOs that have Observer Status with the Commission made statements on the human rights situation in Africa.
13. Egypt, Eritrea, Eswatini, Lesotho, Democratic Republic of Congo, Tunisia, Uganda and Zimbabwe, exercised their right of reply on the human rights situation in their respective countries.
14. The Session also commemorated African Human Rights Day, celebrated on 21 October 2024 under the AU theme: “Educate an African fit for the 21st century”. In commemoration of this day, the Commission, in collaboration with its partners, organised a Joint Colloquium on the realisation of economic, social and cultural rights in Africa, with a particular focus on the Right to Education.
15. During the Public Session, several panels were organised on various themes with the aim of strengthening the promotion and protection of human rights on the continent:
i. Panel on the African Guiding Principles on the Human Rights of all Migrants, Refugees and Asylum Seekers;
ii. Panel on the Protection and Promotion of Law Reforms relating to Freedom of Association and Assembly in Africa;
iii. Panel on the celebration of the entry into force of the Protocol on the Rights of Persons with Disabilities in Africa, and sensitization for the entry into force of the Protocol on the Rights of Older Persons in Africa;
iv. Panel on upholding the Mendez Principles in Africa: Enhancing Safeguards through Effective Interviewing;
v. Panel on the role of education and training in the prevention of torture, ill-treatment and violence in Africa;
vi. Panel on Economic, Social and Cultural Rights and National Development Plans in Africa;
vii. Panel on the presentation of the World Report on Women in the criminal justice system;
viii. Panel on the celebration of the 10th anniversary of the Luanda Guidelines;
ix. Panel on the impact of Article 59 of the African Charter on Human and Peoples’ Rights on the Communications’ Procedure of the African Commission;
x. Panel on the 50th Anniversary of the Entry into Force of the OAU Convention on the Specific Aspects of Refugee Problems in Africa: Assessment, Challenges and Prospects;
xi. Panel discussion to present the United Nations Working Group on Enforced or Involuntary Disappearances Report on the Visit to the African Union Judicial and Human Rights Organs and other sub-regional bodies;
xii. Panel on critical minerals and artificial intelligence in Africa;
xiii. Panel on the Human Rights Situation in the Republic of Sudan;
xiv. Panel on Agenda 2063 and human rights: the way forward; and
xv. Panel on Hosting the Sessions of the ACHPR.
16. The Commission launched the following documents:
i. Study on the Human Rights Impact of Law Enforcement on Asylum Seekers, Refugees and Migrants in Africa;
ii. The 2024 Newsletter of Committee for the Prevention of Torture in Africa, on the role of education and training in the prevention of torture in Africa; and
iii. 17th edition of the Newsletter on "Policing and Human Rights": Reflections on 10 years of the Luanda Guidelines.
17. The Commission reviewed the state of its relations and cooperation with NHRIs and NGOs and the submission of their activity reports.
18. The Commission presented the status of State Party reporting, highlighting that ten (10) countries are up to date; five (5) countries are in the review cycle, ten (10) have one overdue report, three (3) have two overdue reports, one (1) country has three overdue reports, nineteen (19) countries have more than three overdue reports, and six (6) countries have not yet submitted their initial reports.
19. The Commission considered the Periodic Report (5th to 7th) of Burkina Faso and the Periodic Report (8th & 9th) of the Republic of Angola, under the African Charter on Human and Peoples' Rights, the Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa (Maputo Protocol) and the African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa (Kampala Convention).
20. Members of the Commission presented their intersession activity reports highlighting the activities undertaken in their capacities as Commissioners, Commissioner Rapporteurs and mandate holders of the Special Mechanisms. The Reports are available on the website of the Commission. Presentation of these Reports generated reactions, contributions and questions from State Delegates, NHRIs and CSO representatives. All the reports presented can be accessed on the Commission's website.
21. During the private session, the Commission assessed the conduct of the public segment of the 81st Ordinary Session.
22. Members of the Commission and Secretariat staff participated in a training and orientation session on the African Union’s Second Ten Year Implementation Plan, Strategic plan, AMERT, annual work plan, results-based management, reporting and budgeting.
23. In accordance with its Resolution on the Criteria for Granting and Maintaining Observer Status to NGOs working on Human and Peoples’ Rights in Africa, the Commission granted Observer Status to eight (8) NGOs, namely:
i. Alliance of Women Advocating for Change (AWAC);
ii. Inua Advocacy;
iii. Southern Africa Human Rights Defenders Network (SAHRDN or Southern Defenders);
iv. Association congolaise contre l'impunité et pour le développement (ACOCID);
v. Caritas Développement Bukavu;
vi. Groupe de Recherche-Action sur la Sécurité Humaine (GRASH);
vii. African International Christian Ministry(AICM); and
viii. Centre d'Actions pour le Développement.
24. This brings the total number of NGOs, which have Observer Status with the Commission to five hundred and seventy-nine (579) while thirty-eight (38) NHRIs have Affiliate Status with the Commission.
25. The Commission rejected and closed twenty-one (21) applications for observer status, of which seventeen (17) were for failure to submit additional files for consideration, and four (4) were from organizations not registered in a State party to the African Charter. These decisions by the Commission were taken in accordance with Resolution ACHPR/Res.572 (LXXVII) 2023 on the Criteria for granting and maintaining observer status for non-governmental organisations working on human and peoples' rights in Africa.
26. During this private session, the Commission considered and adopted the following reports and documents:
i. Report of the Chairperson on intersession oversight activities;
ii. Report on Follow-up Actions and Decisions from the 80th Ordinary Session;
iii. Report of the Secretariat on administrative seizures;
iv. Communications Audit Narrative Report;
v. Report of the Chairperson of the Working Group on Communications;
vi. 56th and 57th Combined Activity Reports of the Commission;
vii. Report of the Advisory Committee on Budgetary and Staff Matters;
viii. Report on the implementation of the 2024 Annual Work Plan, at Q3 (January - September 2024); and
ix. Report of the Secretary to the Commission.
27. The Commission also considered and adopted reports of promotion missions conducted to the Kingdom of Lesotho and to the United Republic of Tanzania.
28. The Commission considered and took note of the following documents:
i. Concept note for the Joint Retreat of the African Commission on Human and Peoples‘ Rights and the African Court on Human and Peoples’ Rights;
ii. Paper on the African Governance Architecture’s initiative (AGA) to harmonise the presentation and consideration of periodic reports by AU bodies working on democracy, governance and human rights.
29. The Commission considered eight (8) Communications:
i. Three (3) Communications on Admissibility, of which two (2) were declared admissible and one (1) inadmissible;
ii. Two (2) Communications on Merits;
iii. One (1) Communication which was withdrawn by the Complainant; and
iv. Two (2) Communications requiring guidance.
30. Members of the Commission received a briefing on the developments on Application 006/12 - African Commission on Human and Peoples' Rights vs. Republic of Kenya.
31. The Commission adopted fourteen (14) resolutions on the reconstitution, extension and renewal of the mandates of its Special Mechanisms as follows:
i. Resolution on the Renewal of the Mandate and Reconstitution of the Committee for the Prevention of Torture in Africa and the Appointment of its Members;
ii. Resolution on the Renewal of the Mandate of the Special Rapporteur on Prisons, Conditions of Detention and Policing in Africa;
iii. Resolution on the Renewal of the Mandate of the Special Rapporteur on Freedom of Expression and Access to Information in Africa;
iv. Resolution on the Extension of the Mandate of the Advisory Committee on Budgetary and Staff Matters (ACBSM) to include supervision of audit functions;
v. Resolution on the renewal of the mandate of the Advisory Committee on Budgetary and Personnel Matters ;
vi. Resolution on the Renewal of the Mandate of the Working Group on Communications;
vii. Resolution on the Renewal of the Mandate of the Special Rapporteur on the Rights of Women in Africa;
viii. Resolution on the Renewal of the Mandate of the Special Rapporteur on Human Rights Defenders and Focal Point on Reprisals in Africa;
ix. Resolution on the Renewal of the Mandate of the Working Group on Economic, Social and Cultural Rights in Africa; and
x. Resolution on the renewal of the mandate and Reconstitution of the Working Group on Extractive Industries, the Environment and Human Rights Violations in Africa ;
xi. Resolution on the Renewal of the Mandate of certain Expert Members of the Committee on the Protection of the Rights of People Living with HIV (PLHIV), People at Risk, Vulnerable and Affected by HIV;
xii. Resolution on the Renewal of the Mandate of Certain Members of the Working Group on Indigenous Populations/Communities and Minorities in Africa;
xiii. Resolution on the Renewal of the Mandate of the Working Group on the Death Penalty, Extrajudicial, Summary or Arbitrary Executions and Enforced Disappearances in Africa; and
xiv. Resolution on the Renewal of the Mandate of the Support Group of the Special Rapporteur on Human Rights Defenders and Focal Point on Reprisals in Africa for the promotion and effective implementation of the Guidelines on Freedom of Association and Assembly in Africa.
32. The Commission also adopted five (5) country-specific Resolutions as follows:
i. Resolution on the Renewal of the Mandate of the Joint Fact-Finding Mission to the Republic of Sudan;
ii. Resolution on the impact of sanctions on the realisation of human rights in Zimbabwe;
iii. Resolution on the Pre- and Post-Electoral Instability in Mozambique;
iv. Resolution on the situation of human rights defenders working on environmental issues in Uganda; and
v. Resolution on the situation in Palestine and the occupied territories.
33. The Commission further adopted eight (8) of the following thematic Resolutions:
i. Resolution on the United Nations General Assembly Biannual vote calling for a Moratorium on the use of the Death Penalty ;
ii. Resolution on the promotion of the use of indigenous languages as a means of learning and communication in the implementation of the African Continental Free Trade Area;
iii. Resolution in preparation for the AU theme for 2025 “Justice for Africans and People of African Descent through Reparations” through consultations on Afro Descendants, Indigenous/Ethnic, Ancestry, Reparations and the 6th Region of the African Union;
iv. Resolution on the Entry into Force and Implementation of the Protocols on the Rights of Older Persons and Persons with Disabilities in Africa;
v. Resolution on the drafting of a General Comment on Article 26 of the African Charter on Human and Peoples’ Rights;
vi. Resolution on the promotion and harnessing of access to data as a tool for the promotion of human rights and sustainable development in the digital age;
vii. Resolution on the protection and promotion of the rights of Communities Discriminated by Work and Descent (CDWD) in Africa ; and
viii. Resolution on the creation of the Nelson Rolihlahla Mandela African Human Rights Scholarship in recognition of his legacy.
34. The Commission announces the entry into force on, 6 November 2024, of the Protocol to the African Charter on Human and Peoples' Rights on the Rights of Older Persons in Africa.
35. The Commission decided to convene an Extraordinary Session from 2 to 6 December 2024, in Dakar, Senegal.
36. The Commission also decided to hold its 82nd Private Ordinary Session virtually from 25 February to 11 March 2025. Details of the next Ordinary Session will be published on the Commission's website in due course.
37. The Commission expresses its sincere gratitude to States Parties, AU organs, international and intergovernmental organisations, NHRIs, NGOs and all other stakeholders who participated in this Ordinary Session.
38. The Commission also extends its profound gratitude to His Excellency Adama Barrow, President of the Republic of The Gambia, to the Government and people of the Republic of The Gambia for having enabled the Commission to hold the 81st Public Ordinary Session in The Gambia and for all the facilities made available for the successful conduct of the Session.
39. The closing ceremony of the 81st Ordinary Session took place on 6 November 2024 at Sir Dawda Kairaba Jawara International Conference Centre, Banjul, Republic of The Gambia.
Done in Banjul, 6 November 2024
