The African Commission on Human and Peoples’ Rights, meeting at its 70th Ordinary Session held virtually, from 23 February to 09 March 2022:
Recalling its mandate to promote and protect human rights in Africa under the African Charter on Human and Peoples’ Rights (the African Charter);
Further recalling Article 45(1)(b) of the African Charter which mandates the Commission to “formulae and lay down, principles and rules aimed at solving legal problems relating to human and peoples’ rights and fundamental freedoms upon which African Governments may base their legislation”;
Considering Article 62 of the African Charter which provides that: “Each State Party shall undertake to submit every two years, from the date the present Charter comes into force, a report on the legislative or other measures taken, with a view to giving effect to the rights and freedoms recognised and guaranteed by the present Charter”;
Further considering Article 26 of the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (Maputo protocol), which provides that “States Parties shall ensure the implementation of this Protocol at national level, and in their periodic reports submitted in accordance with Article 62 of the African Charter, indicate the legislative and other measures undertaken for the full realisation of the rights herein recognised”;
Considering Article 14 of the African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa which provides that “States Parties shall, when presenting their report under Article 62 of the African Charter on Human and Peoples’ Rights […] indicate the legislative and other measures that have been taken to give effect to this Convention”;
Bearing in mind Rule 83(1) of the 2020 Rules of Procedure of the African Commission on Human and Peoples’ Rights, which provides that: “The date of the presentation of the next Periodic Report by the State Party shall be included in the Concluding Observations”;
Further bearing in mind its Recommendation ACHPR/Recom.3 (III) 88 on Periodic Reports (Recommendation N°3 of April 1988);
Recalling its Resolution ACHPR/Res. 108(XXXXI)07 reiterating the importance of compliance with reporting obligations under the African Charter;
Recalling also its decision adopted in November 1995 in which it recommended to States Parties to combine several overdue reports in one report with a view to facilitating compliance with the reporting obligation;
Further recalling the different Decisions of the Executive Council that call on State Parties to submit their Periodic Reports in compliance with Article 62 of the African Charter, Article 26 of the Maputo Protocol, and Article 14 of the Kampala Convention;
Acknowledging the absence of guidelines for the determination of periodic reporting cycles and recognizing that some confusion may result therefore, in particular, with regards to the States’ due reports counting.
The Commission:
1. Decides to adopt the following:
i. A periodic reporting cycle starts automatically with the notification of the Concluding Observations on the previous periodic report. The cycle includes the submission of the new periodic report, its review and is concluded by the adoption of the related Concluding Observations;
ii. The due date of the next periodic report will be communicated to the States Parties with the Concluding Observations on the previous report (Due Date = Notification Date + Two Years);
iii. If the State Party fails to submit its periodic report in due course, the Commission will count one report due for every two years of delay;
2. Calls upon States Parties to redouble their efforts to comply with the obligation to submit Periodic Reports in due form, in accordance with Article 62 of the African Charter, Article 26 of the Maputo Protocol, Article 14 of the Kampala Convention and other relevant standards.
Done virtually on 9th March 2022
