Resolution on the African Union and the African Charter on Human and Peoples’ Rights - ACHPR/Res.52(XXIX)01

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The African Commission on Human and Peoples’ Rights, meeting at its 29th Ordinary Session in Tripoli, Great Socialist People’s Libyan Arab Jamahiriya, from 23rd April to 7th May 2001:

Recalling the Sirte Declaration of 9th September 1999, adopted during the 4th Extraordinary Session of the Assembly of Heads of State and Government of the Organisation of African Unity;

Recalling the adoption of the Constitutive Act of the African Union by the 36th Ordinary Session of the Assembly of Heads of State and Government of the OAU held in Lomé, Togo, from 10th to 12th July, 2000;

Noting that all Member-States have signed the Constitutive Act of the African Union and that the legal conditions for its entry into force are now met, after the deposit of the 36th instrument of ratification;

Recalling that one of the objectives of the African Union, aims at “promoting and protecting human and peoples’ rights in accordance with the African Charter on Human and Peoples’ Rights and other relevant human rights instruments” (Article 3 of the Constitutive Act);

Noting with satisfaction the substantial contributions made by the participants during the consideration of this agenda item at the 29th Ordinary Session;

Noting the need to initiate in-depth discussion on all the implications of the entry into force of the Constitutive Act of the African Union on the provisions of the African Charter on Human and Peoples’ Rights and on the functioning of the African Commission on Human and Peoples’ Rights;

1. Expresses its total adherence to the noble ideals, principles and objectives contained in the Constitutive Act of the African Union, in particular the commitment of States Parties “to promote and protect human and peoples’ rights, promote gender equality consolidate democratic institutions and culture, to ensure good governance and the rule of law, to promote the respect for the sanctity of human life, condemnation and rejection of impunity and political assassination, acts of terrorism and subversive activities as well as unconstitutional changes of governments;

2. Decides to set up a three-member working group of the Commission with a mandate to initiate an in-depth discussion on all the implications of the entry into force of the Constitutive Act of the African Union on the African Charter and the African Commission on Human and Peoples’ Rights;

3. Requests the working group to present an interim report at the 30th Session and a final report at its 31st Session;

4. Requests the Secretariat to provide the working group with the necessary means to carry out its mandate and decides to keep this issue on its agenda.

Done in Tripoli, 7th May 2001.