Final Communiqué of the 66th Ordinary Session of the African Commission on Human and Peoples’ Rights

1.   The African Commission on Human and Peoples’ Rights (the Commission) held a

66th  Ordinary Session (the Session) virtually from 13 July to 7 August 2020, on account of the ongoing COVID 19 Pandemic.

2.   The Opening Ceremony was graced by the virtual presence of H.E Minata Samate Cessouma, Commissioner for Political Affairs of the African Union Commission (AUC), representing H.E Moussa Faki Mahamat, Chairperson of the AUC who declared the Session open.

3.   The Session was chaired by Honourable Commissioner Solomon Ayele Dersso, Chairperson of the Commission, assisted by Honourable Commissioner Rémy Ngoy Lumbu, Vice-Chairperson.

4.   The following Members of the Commission participated in the Session:

i.   Honourable Commissioner Solomon Ayele Dersso; Chairperson

ii.   Honourable Commissioner Rémy Ngoy Lumbu; Vice Chairperson iii.   Honourable Commissioner Sylvie Kayitesi Zainabo;

iv.   Honourable Commissioner Maya Sahli-Fadel;

v.  Honourable Commissioner Jamesina Essie L. King;

vi.   Honourable Commissioner Hatem Essaiem;

vii.   Honourable Commissioner Maria Teresa Manuela;

viii.   Honourable Commissioner Alexia Gertrude Amesbury.

ix.   Honourable Commissioner Mudford Zachariah Mwandenga;

x.   Honourable Commissioner Marie Louise Abomo; and xi.   Honourable Commissioner NDiamé Gaye.

5.   Speaking on behalf of the Non-Governmental Organisation (NGO) Forum Steering

Committee, Mrs. Hannah Foster indicated that since the outbreak of the COVID-

19 pandemic in December 2019, human rights violations have remained a major concern across the globe. She highlighted that in the wake of the pandemic, there have been reported cases of systematic harassment of human rights defenders; the formulation and   implementation of   legislations   to   curb   the   enjoyment   of fundamental  freedoms; the  restriction  of  freedom  of  expression  through  the criminalization  of  bloggers  and  internet  restrictions;  and  a  rise  in gender- based violence              caused              by              lockdown              measures. She indicated that the overcrowding  of  prisons  due  to  non-observance  of  judicial guarantees and minimum standards in respect of remand detainees, continue to create health challenges which are exacerbated by the COVID–19 pandemic. She called on the Commission to urge Member States to respect and implement the International Minimum Standards on Prison Conditions and the Treatment of Prisoners.

6.   In    conclusion,    she    congratulated    the    Commission    for    all    successes recorded in the fulfilment  of  its  mandate, especially  on being  the  first  African Union (AU) Organ to issue a Press statement drawing attention to the existence of

COVID-19 and identifying the need to adopt a human rights-based approach to the pandemic.

7.   Mr. Mohammed Fayek, Chairperson of the Network of African National Human Rights Institutions (NANHRI), delivering a statement on behalf of the NANHRI, indicated  that  National  Human  Rights  Institutions (NHRIs) have  been  at  the forefront in supporting the work of the Commission, particularly as it relates to the recently adopted Rules of Procedure of the Commission 2020. He recognized the requirement for State Parties to designate focal points to interact with the Commission, a  stipulation  he  indicates  will go  a  long  way  in  supporting  the follow-up to the implementation of the Commission’s decisions. Mr. Fayek noted with concern the brutal enforcement of quarantine measures by States in an effort to curb the spread of the COVID-19 pandemic.  He assured the Commission of NANHRI’s  utmost  commitment  to  improving  the  human  rights  situation in Africa, and called for a pluralistic and consultative process in ensuring a global and sustainable approach to human rights issues.

8.   Prof. Benyam Mezmur, Special Rapporteur on Children and Armed Conflict of the African Committee of Experts on the Rights and Welfare of the Child, stated that as the COVID-19 outbreak continues to affect the socio-economic stability across       the       continent,       children       being       the       most       vulnerable are disproportionately affected   by   the emergency   and   lock   down   measures adopted by States. He expressed concern that millions of children are out of school as a result of the pandemic. He further stated that the pandemic is likely to result in a devastating effect on family functioning by limiting sources of income for households, resulting  in  limited  access  to  nutritious  food  and  healthcare for children. In addressing these challenges, Prof. Mezmur indicated that State Parties would  benefit  from  the  guidance  of  both the Commission and  the  African Committee of Experts on the Rights and Welfare of the Child. He further indicated that the African Committee of Experts on the Rights and Welfare of the Child issued a Guidance Note to Member States based on the norms of the African Charter on the Rights and Welfare of the Child, to assist States in ensuring that children’s  rights  and welfare  are  not  neglected  or  violated  in  the  process  of enforcing emergency protocols adopted in a bid to curb the spread of the virus.

9.   In his Statement, Honourable Justice Sylvain Oré, President of the African Court on Human and Peoples’ Rights (the African Court) observed that the holding of the 66th Ordinary Session shortly after experimenting with a virtual Session during its 28th Extra-Ordinary Session, is a testimony by the Commission in its relentless commitment for the course of human rights in Africa. He highlighted the complementarity relationship between the Commission and the African Court which he noted is budding slowly and steadily.

10. Honourable Justice Oré recognized the importance of the role of the Commission to ensure the promotion and protection of human rights during the COVID-19 pandemic, and commended the Commission for its Press Statement on human rights based effective response to the novel COVID-19 in Africa published on 24

March 2020. He observed that the Press Statement was an efficient response in

human rights protection within the context of COVID-19 which amongst other things, gives directions to State Parties to place human rights in the heart of their responses to COVID-19, as well as adopt guidelines on different responses brought by States to COVID-19.

11. Honourable Justice Oré stated that achievements of previous mandate holders have given room for hope, and wished the Commission success in its deliberations.

12. In  his  opening  statement,  the  Chairperson  of  the  Commission,  Honourable Commissioner Solomon Ayele Dersso commenced his statement by welcoming all stakeholders to the Session. He indicated that the work of the Commission has become urgent in the wake of the COVID-19 pandemic, as opposed to conventional times. He elaborated that COVID-19 and its consequences have excavated and brought  to  the  fore,  the  socio-economic deprivations afflicting  the  masses.  A deprivation which he emphasized, has left communities without access to water, sanitation, housing,  education and sustainable  employment  vulnerable  to  the scourge of the pandemic.

13. He  noted  that  the  nature  of  the  COVID-19  response  measures  adopted  and enforced by States have given rise to a wide range of governance and human rights issues. He raised the concern that States face the danger of the COVID-19 pandemic descending into a human rights crisis. He highlighted that it is for this reason that the Commission issued a Press Statement which provides guidelines on the effective response to the novel COVID –19 pandemic in Africa on 24 March

2020. This he stated was to address issues of excessive restrictions of rights,

excessive use of force and many other human rights violations which had been reported in the course of the pandemic.

14. He noted the economic implications brought on by the COVID-19 pandemic: the disruption of the chain of supply, the fall in demand and the suspension of activities within the airline and tourism sector, which has resulted in revenue loss for most African Countries. He emphasized that global solidarity involving economic relief measures, together with national mitigation measures directed at strengthening Africa’s healthcare system, food supplies, alleviating financial crisis, supporting education, protecting jobs, and keeping households and business afloat, are the prerequisite necessary to prevent the socio-economic consequences of COVID-19 pandemic, from descending into a human rights catastrophe.

15. Delivering  the  opening  statement  on  behalf  of  H.E  Moussa  Faki  Mahamat, Chairperson of the AUC, H.E Mrs. Minata Samate Cessouma, Commissioner for Political Affairs of the AUC, welcomed the election of the Chairperson of the Commission, and the new Members of the Commission. She also extended appreciation to the Ag. Executive Secretary to the Commission, Ms.  Lindiwe Khumalo and staff of the Secretariat for the organization of the Session.

16. Mrs. Cessouma indicated that due to the emerging challenges facing the African continent especially during the COVID-19 pandemic, there is need for State Parties to redouble their efforts to ensure that African citizens are not deprived of their

socio-economic rights.   She recalled the AU decision declaring this decade, a Decade for Human and Peoples’ Rights and its 10 year Plan of Action focusing on the need to promote human rights in Africa.  Mrs. Cessouma observed that the African continent is already facing many challenges as mentioned by the Chairperson of the Commission, which have been exacerbated by COVID-19. She stated that it is now high time for Member States to intensify their efforts in individual and collective levels so as to ensure that rights are protected by giving effect to all human rights instruments and legal mechanisms. She highlighted Aspiration No. 3 of Agenda 2063-An Africa with good governance; democracy and respect for human rights, which is necessary in building a culture of human rights, and to safeguard a unified prosperous Africa.  Aligned to this, she  called on Member States to work together and cooperate with all AU Organs they have established to ensure that human rights are fully consolidated and become a reality in Africa. She also urged Member States to submit regular reports, so as to be in sync with the principles that are enshrined in human rights instruments on shared values.

17. In addition, she stated that Member States of the Union have a responsibility to ensure that their responses are all inclusive and non-discriminatory. She emphasized that Member States should support the Commission as it adopts measures and recommendations for the promotion and protection of human rights on the continent, to assist Members States to have an inclusive approach to human rights and respond adequately to the corona virus.

18. Mrs. Cessouma stated that she is convinced discussions and conclusions of the Session will improve the efficiency of the African human rights system, and in conclusion, she declared the Session open.

19. During  the  public  session,  the  Commission  held  a  special  Session  on  Major Human Rights Issues Arising in the Context of COVID-19 and Measures undertaken by the Commission in Response. This Session gave an opportunity to Members of the Commission to make reflections on actions that have been taken in their various capacities, to address human rights challenges occasioned by COVID-19 on the continent.

20. The Commission also held a Panel Discussion on Human Rights and COVID-19, on the theme “Making human rights a priority during and after COVID-19.” The Panel, made up of Representatives of States, NHRIs, and Civil Society Organizations, underscored the necessity for ensuring that the COVID-19 response measures do not lead to violations of rights for addressing structural vulnerabilities of Member States, including inequalities in all its various forms.

21. A total of three hundred and thirty-five (335) delegates participated in the Session: eighty-eight (88) representing State Parties from seventeen (17) countries; three (3) representing AU Organs,   thirty-eight (38) representing NHRIs;   one (1) representing International and Inter-Governmental Organizations; one hundred and eight-nine (189) representing African and International NGOs; fourteen (14) representing other observers and two (2 ) representatives from the media.

22. Representatives of the following nine (9) State Parties made statements on the human rights situation in their countries (with special focus on human and peoples’ rights in the context of COVID-19): Republic of Angola; Democratic Republic of Congo; Arab Republic of Egypt; Republic of Eritrea; Republic of Gabon; Republic of Malawi; Republic of Rwanda; United Republic of Tanzania; and Sahrawi Arab Democratic Republic.

23. Representatives of the following six (6) NHRIs also made statements on the human rights situation in Africa (with special focus on human and peoples’ rights in the context of COVID-19): Sahrawi National Human Rights Commission; National Human Rights Commission of Rwanda; National Human Rights Commission of Algeria; National Commission for Human Rights and Liberties of Cameroon; National  Human  Rights  Commission  of  Kenya;  and  National Human  Rights Commission of Nigeria.

24. A Representative of NANHRI also made a statement on the human rights situation in Africa ( with special focus on human and peoples’ rights in the context of COVID-19)

25. A total of twenty-nine (29) NGOs with Observer Status with the Commission equally made statements on the human rights situation in Africa (with special focus on human and peoples’ rights in the context of COVID-19).

26. One  (1)  International  Organisation  made  a  statement  on  the  human  rights situation in Africa (with special focus on human and peoples’ rights in the context of COVID-19): International Committee of the Red Cross.

27. The Right of States to Reply was observed by three (3) State Parties: The Republic of Angola; the Arab Republic of Egypt; and the United Republic of Tanzania.

28. The Commission reported on the status of its relationship and cooperation with NHRIs and NGOs, and gave an update on the status of submission of activity reports by NHRIs and NGOs.

29. The Commission granted Observer Status to two (2)  NGOs, in accordance with the Resolution on the Criteria for Granting and Maintaining Observer Status to Non-Governmental Organizations working on Human and Peoples’ Rights in Africa, namely:

i.      Human Rights Documentation and Training Centre; and ii.      Centre for Rights Education and Awareness.

30. The Commission deferred consideration of one (1) Application for Observer Status from the National Coalition of Human Rights Defenders–Uganda.

31. This brings the total number of NGOs with Observer Status with the Commission to five hundred and twenty-five (525).

32. The Commission gave an update on the Status of Submission of Periodic Reports by State Parties.

33. In accordance with Article 62 of the African Charter, the Commission considered the  Combined 9th   and  10th   Periodic Report  under  the African Charter of the Republic of Mauritius (2016 to 2019).

34. The following Members of the Commission presented their intersession reports highlighting the activities undertaken in their capacities as Commissioners and mandate holders of Special Mechanisms:

i.      The Chairperson reporting on his activities as the Chairperson of the

Commission;

ii.      The Special Rapporteur on Human Rights Defenders in Africa and

Focal Point on Reprisals;

iii.      The Special Rapporteur on the Rights of Women in Africa;

iv.      The Special Rapporteur on Freedom of Expression and Access to

Information in Africa;

v.     The Special Rapporteur on Prisons, Conditions of Detention and

Policing in Africa;

vi.      The Special Rapporteur on Refugees, Asylum Seekers, Internally- Displaced Persons and Migrants in Africa;

vii.      The Chairperson of the Working Group on Extractive Industries, Environment and Human Rights Violations in Africa;

viii.      The    Chairperson    of    the    Working    Group    on    Indigenous

Populations/Communities in Africa;

ix.      The   Chairperson   of   the   Working   Group   on   Death   Penalty, Extrajudicial, Summary or Arbitrary Killings and Enforced Disappearances in Africa;

x.      The Chairperson of the Working Group on Economic, Social and

Cultural Rights in Africa;

xi.     The  Chairperson  of the  Working  Group  on  the  Rights  of Older

Persons and People with Disabilities in Africa;

xii.      The Chairperson of the Working Group on Communications;

xiii.      The Chairperson of the Committee for the Prevention of Torture in

Africa; and

xiv.     The Chairperson of the Committee for the Protection of the Rights of

Persons  Living  with  HIV  and  Those  at  Risk,  Vulnerable  to  and

Affected by HIV.

35. The  presentations  of  these  Reports  generated  reactions,  contributions  and questions from State Delegates and Civil Society Organisations.

36. During its private Session, the Commission considered the following:

i.   Report on Follow-up Actions;

ii.  Report of the Ag. Executive Secretary to the Commission;