INTER-SESSION ACTIVITY REPORT
OF
Commissioner Ourveena Geereesha Topsy-Sonoo
Presented during the 81st Ordinary Session
African Commission on Human and Peoples’ Rights
Banjul, The Gambia
17 October – 06 November 2024
INTRODUCTION
1. This report is presented in accordance with Rules 25(3) and 64 of the Rules of Procedure (2020) of the African Commission on Human and Peoples’ Rights (the Commission), and covers activities carried out during the intersession period between June to October 2024.
2. The Report is structured in four parts.
• Part I: Activities undertaken as:
- A member of the Commission.
- A member of the Working Group on the Working Group on the Death Penalty, Extrajudicial, Summary or Arbitrary Killings and Enforced Disappearances in Africa (the Working Group on the Death Penalty).
• Part II: Activities undertaken as the Special Rapporteur on Freedom of Expression and Access to Information in Africa.
• Part III: Report on interventions issued in response to reports of human rights violations.
• Part IV: Conclusion.
Part I:
Activities undertaken in my capacity as a Member of the Commission
Benchmarking mission to the Inter-American Commission on Human Rights
3. From 10 to 16 July 16 2024, I participated in a benchmarking mission to the Inter-American Commission on Human Rights (IACHR), in Washington DC.
4. The visit focused on mutual exchanges on best practices aimed at strengthening the working methods and capacities of the two institutions, in accordance with the mandates and objectives set in the respective founding instruments. The visit also served as an opportunity to engage with a number of civil society organizations working in the African and Inter-American human rights systems.
5. The meeting concluded with a Joint Declaration on collaboration for better promotion and protection of human rights through the establishment of focal points, exchange of public information and best practices in the field of human rights, and the convening of annual high-level dialogues in order to facilitate institutional alliance.
6. I also held a bilateral meeting with my counterpart at the IACHR, Mr. Pedro Vaca Villarreal, the IACHP Special Rapporteur for Freedom of Expression, and we discussed on ways the two special mechanisms could further cooperate to advance freedom of expression.
Participation in the 80th Ordinary Private Session
7. From 24 July to 02 August 2024, I participated in the Commission’s 80th Ordinary Private Session, which was held virtually, to consider Communications, adopt Concluding Observations on State Periodic Reports, country and thematic Resolutions, in addition to considering a number of Reports.
Activities undertaken in my capacity as a member of the Working Group on the Death Penalty, Extra-Judicial, Summary or Arbitrary Killings and Enforced Disappearances in Africa
8. During the period under consideration I did not participate in any activities as a member of this Working Group.
Part II: Activities undertaken as the Special Rapporteur on Freedom of Expression and Access to Information in Africa
9. The following are the activities which were undertaken in my capacity as the Special Rapporteur on Freedom of Expression and Access to Information in Africa (the Special Rapporteur).
Regional Workshop on Supporting Election Management Bodies and Election Observer Missions
10. From 23 to 24 July 2024, I attended a Regional Workshop on Supporting Election Management Bodies (EMBs) and election observer missions fulfil their obligations, held in Windhoek, Namibia, where I delivered the key note address. The workshop was convened by the Centre for Human Rights of the University of Pretoria in collaboration with the Electoral Commissions Forum of SADC Countries (ECF-SADC).
11. The conference was convened in view of the need to support EMBs and election observer missions fulfil their obligations, in addition to raising awareness on the Commission’s soft law documents, including the Declaration of Principles on Freedom of Expression and Access to Information in Africa (the Declaration), and the Guidelines on Access to Information and Elections in Africa.
12. I also took the opportunity to meet with a number of stakeholders, to discuss future collaboration and cooperation.
AU Peace and Security meeting on protection of journalists and access to information in situations of armed conflict in Africa
13. On O2 September 2024, I attended the 1230th Meeting of the African Union Peace and Security Council, held virtually, to discuss the issue of protection of journalists and access to information in situations of armed conflicts in Africa.
14. During this meeting, I highlighted the numerous measures taken by the Commission and the special mechanism to remind State Parties of that duty, as well the efforts put in place to safeguard the interests of journalists and media practitioners.
Partners Breakfast Meeting
15. On 19 September 2024, I gave a virtual presentation during a Partners Breakfast Meeting which focused on preparations for commemoration of the International Day to End Impunity for Crimes Against Journalists, which will be commemorated later this year. The meeting was convened by the AU Department of Political Affairs Peace and Security (D-PAPS) and the United Nations Educational, Scientific and Cultural Organization (UNESCO).
16. The briefing I gave focused on the work which has been done by the Commission, and the special mechanism, on the protection of journalists in Africa such as the development of soft law principles for their protection, and interaction with the States Parties in this regard.
Conference on the Celebration of the International Day for Universal Access to Information (IDUAI)
17. From 01 to 02 October 2024, I participated in a Conference on the Celebration of the International Day for Universal Access to Information, in Accra, Ghana, held under the theme of “Mainstreaming Access to Information and Participation in the Public Sector.” The conference was convened by UNESCO and the Ministry of Information of the Republic of Ghana.
18. During the Conference, I participated in a high-level Panel on Advancing Access to Information in Government Institutions and the Role of Civil Society, where I gave the key note address. In this address, I highlighted the work which has been done by the Commission to promote and protect the right of access to information in Africa.
19. During the Conference, the office of the Special Rapporteur partnered with FesMedia Africa, to launch the Commemorative Newsletter of the Special Rapporteur on Freedom of Expression and Access to Information in Africa, in commemoration of this year’s International Day for Universal Access to Information, the 20th anniversary of the establishment of the Commission’s special mechanism on freedom of expression and access to information in Africa being celebrated in 2024, in addition to the 10th anniversary of the adoption of the Model Law in 2023. This Newsletter brought together a number of articles written by former Rapporteurs of the Commission, in addition to articles from the perspective of Civil Society and journalists, focusing on the right of access to information.
20. I also had a meeting with UNESCO representatives where there were discussions on how UNESCO and the special mechanism could work together to advance access to information, as well as promote the safety of journalists.
Part III: Report on interventions issued in response to human rights violations
I. Interventions as the Special Rapporteur
21. In line with my mandate to “make public interventions where violations of the right to freedom of expression and access to information have been brought to the mechanism’s attention, including by issuing public statements, press releases, and sending appeals to Member States asking for clarifications,” the following interventions were issued in my capacity as the Special Rapporteur.
- Letters
Letter of Appeal to the Republic of Tunisia
22. On 22 May 2024, a Letter of Urgent Appeal was issued in response to reports of a wave of arrests which were conducted targeting Government critics, including a number of journalists on 16 May 2024. Additionally, reports indicated that a number of journalists were accused of violating the Cybercrime law (Decree 54) by allegedly spreading fake news and undermining State security.
23. The Letter requested clarification regarding the alleged arrest and arbitrary detention of journalists and called on the Government to ensure that laws in Tunisia, such as the Cybercrime law (Decree 54), adhered to regional and international standards for respect of the right to freedom of expression and freedom of the press.
Joint Letter of Appeal to the Republic of Guinea Bissau
24. On 24 May 2024, a Joint Letter of Urgent Appeal was issued, in collaboration with the Commissioner Rapporteur for the human rights situation in the Republic of Guinea Bissau, in response to reports of brutality committed by security forces, during the period after the local elections, following demonstrations called by the Popular Front on 18 May. Reports indicated that the Popular Front decided to hold the demonstration, which culminated in the arrest of ninety-three (93) people, who were reportedley held in degrading conditions in the detention center. Specifically, it was alleged that the detention centre did not have drinking water, lighting, ventilation or toilets, and further all the detainees were subjected to torture. The detainees were also denied access to their families and lawyers.
25. The Letter requested the Government of Guinea Bissau to provide clarification regarding the allegations, in addition to carrying out impartial investigations into the allegations and, if confirmed, holding the perpetrators accountable for their actions.
Joint Letter of Appeal to the Republic of The Gambia
26. On 14 June 2024, a Joint Letter of Urgent Appeal was issued in collaboration with the Commissioner Rapporteur for the human rights situation in the Republic of The Gambia, raising concerns regarding certain elements in the draft Cybercrime Bill (2023), and further noting that, if voted on in its present form by the National Assembly, this would constitute a grave violation of several rights enshrined in the African Charter.
27. The letter reiterated the principles in the Declaration, and called on the Government to review the draft Cybercrime Bill to ensure that it is in line with regional and international standards for protection of the right to freedom of expression, in addition to repealing existing laws on sedition and false news in line with Gambia’s obligations under regional and international law.
Joint Letter of Appeal to the Republic of Kenya
28. On 23 July 2024, a Joint Letter of Urgent Appeal was issued in collaboration with the Commissioner Rapporteur for the human rights situation in the Republic of Kenya, in response to reports received regarding attacks on journalists in Kenya, including Ms. Catherine Kariuki, a Kenyan journalist and reporter for the privately owned MediaMax Limited, who was shot three times by a police officer on 16 July 2024, in addition to Mr. Macharia Gaitho, a veteran journalist in Kenya, who was reportedly abducted and later released with an explanation given that it was a case of ‘mistaken identity.’
29. The Letter requested clarification regarding the reports of journalists who had been physically attacked or detained by the police while covering recent protests in Kenya, in addition to calling on the Government to carry out an independent and impartial investigation into the reported shooting of Ms. Catherine Kariuki.
Joint Letter of Appeal to the Federal Republic of Somalia
30. On 27 August 2024, a Joint Letter of Urgent Appeal was issued in collaboration with the Commissioner Rapporteur for the human rights situation in the Federal Republic of Somalia, raising concern regarding certain reported elements in the Official Information Bill (OIB).
31. The Letter called on the Government of the Federal Republic of Somalia to review and effect the necessary changes to the Official Information Bill (OIB), ensuring that it is in line with regional and international standards for the protection of the right of access to information, including the Commission’s Model Law on Access to Information for Africa and Declaration of Principles on Freedom of Expression and Access to Information in Africa. The Letter also requested the Government to ensure that the Official Information Bill (OIB) is subjected to adequate public consultation, providing an opportunity for public discussion and review of the draft bill.
Joint Letter of Appeal to the Kingdom of Eswatini
32. On 10 September 2024, a Joint Letter of Urgent Appeal was issued in collaboration with the Commissioner Rapporteur for the human rights situation in the Kingdom of Eswatini, in response to a recent decision of the Eswatini Supreme Court, handed down on 13 August 2024, in the case of Prime Minister of Eswatini and Another v. Thulani Maseko and Six Others [2024] SZSC 88, which challenged provisions of the Sedition and Subversive Activities Act of 1938 and the Suppression of Terrorism Act of 2008. Reports indicated that the Supreme Court upheld both laws, however with a more restrictive reading of the offence of sedition to include an element of violence or disorder.
33. The Letter called on the Government to review existing laws to ensure that they do not unduly restrict freedom of expression in the Kingdom of Eswatini.
Joint Letter of Appeal to Burkina Faso
34. On 19 September 2024, a Joint Letter of Urgent Appeal was issued in collaboration with the Commissioner Rapporteur for the human rights situation in Burkina Faso and the Chairperson of the Working Group on Death Penalty, Extra-Judicial, Summary or Arbitrary Killings and Enforced Disappearances in Africa, in response to allegations of the enforced disappearances of the following four journalists and columnists; Kalifara Séré, Serge Oulon, Adama Bayala and Alain Traoré.
35. The Letter reiterated the principles in the Declaration on the safety of journalists, in addition to relevant provisions of the African Commission on Human and Peoples’ Rights Guidelines on the Protection of All Persons from Enforced Disappearances in Africa. The Letter also called on the Government to urgently carry out an independent and impartial investigation into the reported enforced disappearances of the four journalists, take all reasonable measure to ensure their immediate release, and ensure that the domestic laws in Burkina Faso reflect the absolute prohibition against enforced disappearance.
Joint Letter of Appeal to the Republic of Cameroun
36. On 03 October 2024, a Joint Letter of Urgent Appeal was issued in collaboration with the Commissioner Rapporteur for the human rights situation in Cameroun, concerning the situation of human rights defenders and journalists in the Republic of Cameroon. Reports indicate that the President of the National Communication Council has sanctioned a number of media professionals and human rights defenders, via a Communiqué issued on 08 August 2024.
37. The Letter, inter alia, called on the Government of Cameroun to reaffirm the indispensable role of the media, refrain from all forms of intimidation and harassment, including judicial harassment, against activists, journalists and other media professionals, and ensure that they can carry out their activities without hindrance or fear of reprisals, in addition to complying with the provisions of the Kigali Declaration, the Grand Bay Declaration and the 1998 United Nations Declaration on Human Rights Defenders.
Letter of Appeal to the Republic of The Gambia
38. On 08 October 2024, a Letter of Appeal was issued in response to reports violations of freedom of expression in The Gambia, specifically the arrest and detention of journalists. The Letter requested clarification regarding the arrests of Mr. Musa Sheriff Hydara and Mr. Momodou Justice Darboe, who were reportedly charged with “false publication and broadcasting, proposed a review and repeal existing laws on sedition and false news in line with Gambia’s obligations under regional and international law, and called on the Government to reaffirm the indispensable role of the media as the fourth estate, in particular, by taking all necessary measures to provide journalists and other media practitioners with an environment that is conducive to free expression without undue interference or fear of reprisals.
II. Interventions as the Commissioner Rapporteur
39. The following interventions were issued in my capacity as the Commissioner rapporteur responsible for monitoring the human rights situation in a number of States:
Joint Letter of Appeal to United Republic of Tanzania
40. On 20 August 2024, I participated in a Joint letter to United Republic of Tanzania, in collaboration with the Chairperson of the Working Group on Indigenous Populations/Communities and Minorities in Africa, in response to reports received regarding the alleged forceful relocation of Maasai people from Endulen village in Ngorongoro Conservation Area (NCA), within the vicinity of the UNESCO World Heritage Site, where they have lived for generations.
41. The Letter, inter alia, called on the Government to guard against all forms of forced eviction and involuntary displacement/relocation of Maasai communities without their free and informed consent, in addition to exploring alternatives to the relocation of the Maasai from the Ngorongoro Conservation Area, legal recognition of their rights to the land and resources within the Ngorongoro Conservation Area, and respect their traditional and cultural way of life.
Joint Letter of Commendation to United Republic of Tanzania
42. On 19 September 2024, a Letter of Commendation to the United Republic of Tanzania, in collaboration with the Chairperson of the Working Group on Indigenous Populations/Communities and Minorities in Africa, which commended the Government’s directives and developments related to the situation of the residents of the Ngorongoro Conservation area. The Letter specifically noted the steps taken by the Government to restore suspended social services, including health and water services, in addition to education, to the Ngorongoro Conservation area. The Letter also commended the initiative taken by the Government to direct the holding of local Government elections.
Letter of Commendation to United Republic of Tanzania
43. On 30 September 2024, a Letter of Appeal was issued in response to reports on the arbitrary arrests, abduction, in addition to torture and murder of Opposition party members, from the CHADEMA party, in the United Republic of Tanzania. The letter called on the Government to investigate the reports of arbitrary arrest and detention of a number of opposition leaders and journalists and murder of another senior CHADEMA member.
Part IV: Conclusion
44. In view of the various issues raised in this Report, I would like to call on State Parties to the African Charter to renew their commitment to upholding the rights of access information and freedom of expression, in line with the African Charter, and the various principles elaborated in the Declaration of Principles on Freedom of Expression and Access to Information in Africa.
45. In particular, and in view of the reports received during the intersession period, I wish to reiterate the importance of ensuring the protection of journalists and other media practitioners, both offline and online.
46. In this regard, I would like to highlight Principle 20 of the Declaration, which provides the following:
Principle 20. Safety of journalists and other media practitioners
(1) States shall guarantee the safety of journalists and other media practitioners.
(2) States shall take measures to prevent attacks on journalists and other media practitioners …
(4) States shall take effective legal and other measures to investigate, prosecute and punish perpetrators of attacks against journalists and other media practitioners, and ensure that victims have access to effective remedies.
(5) States shall be liable for the conduct of law enforcement, security, intelligence, military and other personnel which threatens, undermines or violates the safety of journalists and other media practitioners.
And:
(6) States shall take specific measures to ensure the safety of female journalists and media practitioners by addressing gender-specific safety concerns, including sexual and gender-based violence, intimidation and harassment.
47. In conclusion, I wish to stress the responsibility of the States Parties to conduct investigations on the attacks committed against journalists which have been mentioned in this Report, in addition to the urgent need to investigate and resolve the reported case of enforced disappearance of four journalists in Burkina Faso.
48. I thank you for your kind attention.
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