INTERSESSION ACTIVITY REPORT
BY
HON. COMMISSIONER DR. LITHA MUSYIMI-OGANA
CHAIRPERSON OF THE COMMITTEE ON THE PROTECTION OF THE RIGHTS OF PEOPLE LIVING WITH HIV AND THOSE AT RISK, VULNERABLE TO AND AFFECTED BY HIV IN AFRICA
PRESENTED AT THE
81st ORDINARY SESSION OF THE AFRICAN COMMISSION ON HUMAN AND PEOPLES' RIGHTS
3 June 2024 - 17 October 2024
Banjul, The Republic of The Gambia
INTRODUCTION
1. This Report is submitted under Rules 25 (3) and Rule 64 of the 2020 Rules of Procedure of the African Commission on Human and Peoples’ Rights (The Rules of Procedure), as well as Section II(3)(d) of the Standard Operating Procedures of the Special Mechanisms of the Commission (Standard Operating Procedures);
2. The Report highlights the activities carried out during the intersession period following the 79th Ordinary Session of the African Commission on Human and Peoples’ Rights (the Commission) which was held in Banjul, the Republic of The Gambia from 14 May to 3 June 2024.
3. The Report is divided into the following four parts:
Part 1: A report on the activities of the Committee on the Protection of the Rights of People Living with HIV and those at Risk, Vulnerable to and Affected by HIV in Africa (the Committee);
Part 2: Country Monitoring efforts, including Letters of Urgent Appeal and Press Releases to address human rights violations;
Part 3: Inter-sessional activities carried out in my capacity as a member of the Commission, and
Part 4: Conclusions and recommendations drawn for consideration.
PART 1: ACTIVITIES OF THE COMMITTEE ON THE PROTECTION OF THE RIGHTS OF PEOPLE LIVING WITH HIV AND THOSE AT RISK, VULNERABLE TO AND AFFECTED BY HIV/AIDS IN AFRICA
A. Letter of Commendation to the Republic of Namibia for Becoming the First Country in Africa – and the First High-Burden Country in the World - to Reach a Significant Milestone on the Path Towards Eliminating Vertical Mother-To-Child Transmission of HIV and Viral Hepatitis B
4. On 20th September 2024 , in my capacity as the Chairperson of the Committee on the Protection of the Rights of People Living with HIV and those at Risk, Vulnerable to and Affected by HIV in Africa, jointly with the Commissioner Rapporteur for the Human Rights Situation in the Republic of Namibia (Honourable Commissioner Janet Sallah-Njie), we sent a Letter of Commendation to His Excellency President Nangolo Mbumba of the Republic of Namibia, to commend His Excellency’s Government for reaching a significant milestone on the path towards elimination of vertical mother-to-child transmission of HIV and viral Hepatitis B.
5. The Letter of Commendation to His Excellency President Nangolo Mbumba followed the official announcement that the World Health Organization (WHO) has awarded Namibia “Silver tier” status for progress on reducing Hepatitis B and “bronze tier” status for reducing the vertical transmission of HIV from mother to child to less than 5%, based on specified criteria through a validation process led by WHO in collaboration with UNICEF, UNAIDS and UNFPA, which evaluates data and standardizes milestones for eliminating diseases. The WHO indicated that this progress is attributed to the fact that Namibia integrated primary health care with antenatal, child health and sexual and reproductive health services, as well as the government’s commitment to stable domestic financing to national health programmes, offering widely accessible, quality and free of charge clinical services and support.
6. This milestone achievement meaningfully contributes to the fulfillment of Namibia’s legal obligations emanating from the African Charter on Human and Peoples’ Rights (the African Charter), and gives effect to provisions of the Additional Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (the Maputo Protocol). Through this exemplary and remarkable progress, Namibia demonstrated that with political determination, concerted effort, commitment of resources, and effective implementation of comprehensive healthcare strategies, it is possible to safeguard the health and rights of citizens.
7. In response to our Joint Letter of Commendation, through a Note Verbale dated 8 October 2024 (Ref: 6/10/4/2/6/1/3), the Embassy of the Republic of Namibia to the Federal Democratic Republic of Ethiopia, and Permanent Mission to the African Union and the United Nations Economic Commission for East Africa acknowledged receipt and communicated that our Joint Letter of Commendation has been transmitted to the Office of the President.
B. The Study on the Impact of COVID-19 on Indigenous Peoples in Africa, and the nexus between HIV/AIDS and COVID-19
8. The Committee on the Protection of the Rights of People Living With HIV and Those at Risk, Vulnerable to And Affected by HIV/AIDS in Africa continued with the process of finalizing a study on the impact of impact of COVID-19 on indigenous peoples and people living with HIV in Africa, and the nexus between HIV/AIDS and COVID-19. The Study is being undertaken based on a Resolution of the Commission, ACHPR/Res. 476 (LXVIII) 2021 on Development of a Study on the Impact of COVID-19 on the Rights of Indigenous Populations/Communities in Africa, adopted in May 2021. The study is being conducted by the current Expert Members of the Working Group, with a focus on their respective regions.
9. To date, the Committee has already convened two meetings, namely a validation meeting held in Windhoek, Namibia from 20th to 21st November 2023, and a follow-up validation meeting held in Freetown, Sierra-Leone from 14th to 15th March 2024. During the inter-session period, the Committee disseminated questionnaires for data collection in Botswana, The Gambia, Namibia and Zimbabwe, to inform the study, which is now being consolidated and finalized by the Expert Members of the Committee.
10. The essence of the study is to assess emerging human rights concerns regarding the spread, effect, and consequences of the COVID-19 pandemic on indigenous communities in Africa following the eclipsing of HIV/AIDS by COVID-19 and the diverting of resources during the pandemic and likely consequences. That is being done in recognition of the fact that there are lessons to be learned from the COVID-19 response that can inform targeted interventions and help build resilience against future pandemics in those communities.
C. Strategic Alliances with UNAIDS
11. As a way to create traction on the PLWHIV Mobile Application that the Committee is working on, I held a virtual consultation in my capacity as the Chairperson of the Committee on the Protection of the Rights of People Living with HIV and those at Risk, Vulnerable to and Affected by HIV in Africa, with the Executive Director of UNAIDS on 21 June 2024 in Geneva, at Palais des Nations when I attended a Side Event on “Taking the Addis Ababa Roadmap Further” held on the Margins of the 56th Session of the Human Rights Council (HRC56), and followed up again with a physical meeting on 3rd August 2024 on the margins of the 62nd Anniversary of the Creation of the Pan-African Women’s Organization (PAWO), held in Windhoek, the Republic of Namibia.
12. This is work in progress, and we plan to bring other partners on board, including IPAS and the African Renaissance Trust.
D. Intervention on PLWHIV at the Social Cohesion and Cultural Exchange Event Convened by The African Kingdoms Diaspora Alliances, Hosted by His Majesty King Misizulu Sinqobile KaZwelithini in Nongoma, KwaZulu-Natal, The Republic of South Africa
13. During my participation in the Social Cohesion Exchange in KwaZulu-Natal, the Republic of South Africa on 12th - 14th September 2024, I shared my appreciation to the Zulu traditional leadership in the fight against HIV/AIDS. I shared the Commission’s intervention as the Chairperson of the Committee on the Protection of the Rights of People Living with HIV and those at Risk, Vulnerable to and Affected by HIV in Africa, by highlighting the significance of traditional leadership in our endeavor to achieve “the African We Want” through Agenda 2063. I observed that by fighting harmful traditional and cultural practices and social challenges, including the fight against HIV/AIDS, traditional leaders can make a huge difference. Speakers commended King Misuzulu Sinqobile kaZwelithini for continuing the good work his late father King Goodwill Zwelithini started in the fight against HIV/AIDS within KwaZulu-Natal.
PART 2: COUNTRY MONITORING EFFORTS
A. THE REPUBLIC OF THE GAMBIA
Letter of Appeal to His Excellency President Adama Barrow of the republic of The Gambia Regarding the Draft Cybercrime Bill (2023)
14. On 14th June 2024, in my capacity as the Country Rapporteur for the Human Rights Situation in the Republic of The Gambia, jointly with the Special Rapporteur on Freedom of Expression and Access to Information in Africa (Hon. Commissioner Ourveena Geereesha Topsy-Sonoo) we sent a Joint Letter of Appeal to His Excellency President Adama Barrow, to bring to his attention concerns regarding specific provisions of the draft Cybercrime Bill (2023), specifically Article 6 on computer related offences, which may have the effect of criminalizing online freedom of speech, and may restrict freedom of expression in general, in addition to the possibility of impeding the work of journalists and other media practitioners.
15. In that Letter of Appeal, we urged the Government of the Republic of The Gambia to review the draft Cybercrime Bill to ensure that it is in line with regional and international standards for the protection of freedom of expression; to repeal existing laws on sedition and false news in line with The Gambia’s obligations under regional and international law; to ensure effective compliance with the provisions of Articles 1 and 9 of the African Charter, which provide for freedom of expression and access to information.
Joint Letter of Commendation in Relation With The Government’s Expressed Commitment to Uphold the Criminalization of Female Genital Mutilation in The Republic of The Gambia
16. On 12th July 2024, in my capacity as the Country Rapporteur for the Human Rights Situation in The Republic of The Gambia and as the Chairperson of the Committee on the Protection of the Rights of People Living with HIV and those at Risk, Vulnerable to and Affected by HIV in Africa, jointly with the Special Rapporteur on the Rights of Women in Africa (Hon. Commissioner Janet Ramatoulie Sallah-Njie) and the Special Rapporteur on Child Marriage and other Harmful Practices, and the Country Rapporteur for The Gambia (Hon. Hermine Kembo Takam Gatsing), of the African Committee of Experts on the Rights and Welfare of the Child, we sent a Joint Letter of Commendation to express our appreciation to His Excellency Adama Barrow, for his Government’s commitment to maintain the criminalization of Female Genital Mutilation (FGM) in the country, and his continued leadership in combating FGM. That commitment was communicated through His Excellency’s State of the Nation address, dated 27th June 2024, in which he reaffirmed the Government's stance to enforce FGM prohibition.
17. Further, we commended the National Assembly for the adoption of the Report of the Joint Committee on Health and Gender on 4th July 2024, which underscored the fact that repealing the ban on FGM would infringe upon the physical and mental well-being, and the rights of women and girls.
18. In the same Letter, we also commended His Excellency for advocating for the approval of the Private Member's Bill, which proposes a thirty percent (30%) governance quota for affirmative action.
19. Given that FGM is one entry point to the HIV/AIDS spread, the Committee on the Protection of the Rights of People Living with HIV and those at Risk, Vulnerable to and Affected by HIV in Africa viewed the success of retaining the Act criminalizing FGM as a win in the fight against HIV/AIDS.
20. Those actions and developments are commendable, as they demonstrated The Gambia's commitment and dedication to ensuring that women and girls are protected from harmful practices, such as FGM, and are empowered to participate in the policy and political decision-making processes at the highest level. That empowerment enables them to stay longer in school and delay their first sexual encounters, and to raise their voices against initiatives threatening their rights and well-being.
Joint Press Statement Following the Successful Rejection of the Proposed Amendment to the Women's (Amendment) Act 2015 Aimed at Decriminalizing Female Genital Mutilation in the Gambia, By the National Assembly
21. In my capacity as the Country Rapporteur for the Human Rights Situation in the Republic of The Gambia and as Chairperson of the Committee on the Protection of the Rights of People Living with HIV and those at Risk, Vulnerable to and Affected by HIV in Africa, jointly with the Special Rapporteur on the Rights of Women in Africa (Hon. Commissioner Janet Ramatoulie Sallah-Njie), and the Special Rapporteur on Child Marriage and Other Harmful Practices, and Country Rapporteur of The Gambia, (Hon. Hermine Kembo Takam Gatsing) of the African Committee of Experts on the Rights and Welfare of the Child, we issued a Joint Press Statement on 16th July 2024, following The Republic of The Gambia’s National Assembly rejection of the proposed Women's Amendment Bill, which sought to decriminalize female genital mutilation. That decision reflects the National Assembly's recognition of the grave impact that female genital mutilation has on the physical and mental well-being of women and girls, particularly their sexual reproductive health.
22. In that Joint Press Statement, we commended the commitment demonstrated by the Members of the National Assembly towards eradicating female genital mutilation—a practice often shielded by discriminatory cultural and religious beliefs—which was hailed by the women of The Gambia and the continent as an extraordinary legacy that current and future generations will applaud.
Letter of Commendation to His Excellency President Adama Barrow Following the National Ratification of the Protocol on the Rights of Older Persons, and the Protocol on the Rights of Persons with Disabilities in Africa, by the National Assembly of the Republic of The Gambia
23. On 7th August 2024, in my capacity as the Country Rapporteur for the Human Rights Situation in the Republic of The Gambia, jointly with the Chairperson of the Working Group on the Rights of Older Persons and Persons with Disabilities in Africa (Hon. Commissioner Marie Louise Abomo), we sent a Joint Letter of Commendation to His Excellency Adama Barrow to commend and congratulate His Government’s ratification of the Protocol on the Rights of Older Persons and the Protocol on the Rights of Persons with Disabilities in Africa by the National Assembly on 25th June 2024.
24. That is a commendable move as it demonstrates His Excellency’s Government commitment towards the promotion and protection of human rights in general and the rights of older persons and persons with disabilities in particular.
25. In that Letter of Commendation, we urged His Excellency’s Government to complete the ratification process by depositing the instruments of ratification with the Office of the Legal Counsel at the African Union Commission in Addis Ababa, so that The Gambia becomes a State Party to the two Protocols.
26. At the time of sending the Letter of Commendation, the Protocol on the Rights of Persons with Disabilities was already in force, having entered into force on the 3rd May 2024, after attaining the required fifteen (15) ratifications, while the Protocol on the Rights of Older Persons is yet to enter into force, with only fourteen ratifications to date, hence the significance of The Gambia’s national ratification and pending deposit of its instruments of ratification to the African Union Commission to become a State Party to the two Protocols.
B. THE REPUBLIC OF SIERRA LEONE
Joint Letter of Commendation and Appreciation to His Excellency President Julius Maada Bio of the Republic of Sierra for the Enactment of the Law Prohibiting Child Marriage in the Republic of Sierra Leone
27. On 29th July 2024, in my capacity as the Country Rapporteur for the Human Rights Situation in The Republic of Sierra Leone, and as Chairperson of the Committee on the Protection of the Rights of People Living with HIV and those at Risk, Vulnerable to and Affected by HIV in Africa, jointly with the Special Rapporteur on the Rights of Women in Africa (Hon. Vice-Chairperson Janet Ramatoulie Sallah-Njie), and the Special Rapporteur on Child Marriage and other Harmful Practices (Hon. Hermine Kembo Takam Gatsing), and the Country Rapporteur for The Republic of Sierra Leone (Hon. Aver Gavar), of the African Committee of Experts on the Rights and Welfare of the Child (ACERWC), we sent a Joint Letter of Commendation to appreciate and congratulate His Excellency’s Government’s for its legislative effort in eradicating child marriage in the Republic of Sierra Leone.
28. We sent the Letter of Commendation following the announcement that on 2nd July 2024, His Excellency President Julius Maada Bio signed a new law titled the Prohibition of Child Marriage Act, which bans marriage and cohabitation with children aged 18 years and younger, while the same law also permits child brides to annul their marriages and makes provision for their financial compensation.
29. The enactment of that robust and comprehensive law is commendable as it does not only provide for the sentencing of adult spouses but also goes further to ensure the punishment of those that may facilitate and enable (aid and abet) child marriage. Given the role that early marriage plays in advancing HIV/AIDS, we recognized and welcomed the complementary advocacy role played by Her Excellency, the First Lady of the Republic of Sierra Leone, Madam Fatima Bio, through her “Hands Off Our Girls” campaign.
30. By enacting this law (the Prohibition of Child Marriage Act), the Republic of Sierra Leone has taken commendable concrete steps in the fulfilment of legal obligations emanating from the African Charter on Human and Peoples’ Rights, the Additional Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (the Maputo Protocol), and the African Charter on the Rights and Welfare of the Child, which amongst others, provide for the promotion and protection of children’s rights, including their protection from HIV/AIDS.
C. THE ARAB REPUBLIC OF EGYPT
Letter of Urgent Appeal to His Excellency President Abdel Fattah El-Sisi of The Arab Republic of Egypt to Exercise Presidential Pardon to Eight (8) Convicts/Individuals Sentenced to Death in Case No. 72 of 2021 known as the ‘Podium Incidents Case’.
31. On 5th April 2024, jointly with the Chairperson of the Working Group on Death Penalty, Extrajudicial, Summary or Arbitrary Killings and Enforced Disappearances in Africa, we sent an Urgent Letter of Appeal to His Excellency Abdel Fattah El-Sisi concerning reports of death sentences handed down by the State Security Emergency High Court on 4th March 2024 against eight individuals; Dr. Mohamed Badie, Dr. Sayed Mahmoud Ezzat, Dr. Mohamed El-Beltagy, Dr. Osama Yassin, Amr Zaki, Safwat Mahmoud Hegazy, Assem Abdel-Maged, and Sheikh Mohamed Abdel Maksoud. In that Urgent Letter of Appeal, we called on His Excellency to exercise executive power and take appropriate measures to suspend the execution of death sentences against those individuals, and called on His Excellency’s Government to consider observing a moratorium on the application of death penalty in accordance with the Commission’s Resolution ACHPR/Res.42(XXVI) 99. We also called on His Excellency’s Government to reaffirm their commitment to the promotion and protection of human rights in the Arab Republic of Egypt.
Letter of Commendation to His Excellency President Abdel Fattah El-Sisi of The Arab Republic of Egypt on the Release of 600 Convicts Pursuant to a Presidential Pardon
32. The Commission received positive feedback on the above-mentioned Urgent Letter of Appeal, and in my capacity as the Country Rapporteur for the Human Rights Situation in the Arab Republic of Egypt, I sent a Letter of Commendation to His Excellency President Abdel Fattah El-Sisi on 16th August 2024. The Letter of Commendation followed a report from the Embassy of the Arab Republic of Egypt in Dakar, Senegal, informing the Commission about the release of 600 convicts pursuant to His Excellency’s presidential pardon in terms of Article 155 of the Constitution of the Arab Republic of Egypt, which empowers him to do so, after consulting the Council of Ministers.
33. On behalf of the African Commission on Human and Peoples Rights, I conveyed that Letter of Commendation to His Excellency for taking that decision, which will contribute towards the implementation of the Arab Republic of Egypt’s National Strategy for Human Rights 2021-2026, which His Excellency launched in September 2021.
34. In the same letter, I also commended His Excellency following a report from the Embassy of the Arab Republic of Egypt in Dakar, Senegal, stating that on 5 August 2024, the Minister of Foreign Affairs, Dr. Badr Abdelatty presented to His Excellency the Second Executive Report of the National Strategy for Human Rights, which includes a section on the impact of previous presidential pardons on the promotion and protection of civil and political rights, and that on 28 July 2024, Dr. Badr Abdelatty chaired a meeting of the Supreme Standing Committee for Human Rights, emphasizing the importance of presidential pardons in supporting national human rights efforts.
35. All those measures and initiatives of His Excellency’s Government are commendable, as they are a reaffirmation and demonstration of His Excellency’s Government’s commitment towards the promotion and protection of human rights of all Egyptians and everyone within the Arab Republic of Egypt. Against that background, I encouraged the Government of the Arab Republic of Egypt to continue with similar initiatives towards the successful implementation of the National Strategy for Human Rights 2021-2026, and keep the Commission informed of achievements thereof.
D. THE STATE OF ERITREA
Participation in a Side Event on the Margins of the 56th Session of the Human Rights Council (HRC56) – “Taking the Addis Ababa Roadmap further - Engagement on Eritrea by the UN and African Human Rights Systems”
36. In my capacity as the Country Rapporteur for the Human Rights Situation in the State of Eritrea, on 21st June 2024 in Geneva, at Palais des Nations, I took part in a side event organized by DefendDefenders – East and Horn of Africa Defenders Project, in collaboration with the Office of the UN High Commissioner for Human Rights (OHCHR) on the margins of the 56th Session of the Human Rights Council (HRC56), convened under the Addis Ababa Roadmap on cooperation between the Special Procedures of the UN Human Rights Council (HRC) and the Special Mechanisms of the African Commission on Human and Peoples’ Rights (ACHPR) which was launched in 2012.
37. The event brought together UN and African ex¬perts, aimed at creating a platform to highlight the im¬portance of coopera¬tion among expert mandates and of cross-fertilisation between recommendations formulated by HRC Spe-cial Procedures and ACHPR Special Mechanisms. The event created a space to discuss concretely how HRC and ACHPR experts can enhance, and ensure cross-fertilisation of their actions on country situations, and strategies to enhance collaboration between HRC and ACHPR.
38. In my presentation, I highlighted the mandate of the Commission to address country situations and review human rights situations through periodic reports, while commending the State of Eritrea for demonstrating commitment towards the promotion and protection of human rights, having recently completed the country review process before the ACHPR. I also highlighted the importance of States’ cooperation with human rights bodies and mechanisms and the importance of collaboration between the UN and African Union mechanisms. Further, I highlighted the need to build further synergies to follow up on human rights recommendations and to further act towards the implementation of the Addis Ababa Roadmap, at the HRC and ACHPR levels.
E. THE KINGDOM OF ESWATINI
Joint Letter of Appeal to His Majesty King Mswati III, Regarding Alleged Restrictions on Freedom of Expression in the Kingdom of Eswatini
39. On 10th September 2024, in my capacity as the Country Rapporteur for the Human Rights Situation in the Kingdom of Eswatini, jointly with the Special Rapporteur on Freedom of Expression and Access to Information in Africa (Commissioner Ourveena Geereesha Topsy-Sonoo), we sent a Joint Letter of Appeal to His Majesty King Mswati III, expressing our concern in light of reports alleging restrictions on freedom of expression in the Kingdom of Eswatini.
40. In that Joint Letter of Appeal, we expressed our concerns relating to a recent decision of the Supreme Court of the Kingdom of Eswatini in the case of Prime Minister of Eswatini and Another v. Thulani Maseko and Six Others [2024] SZSC 88 handed down on 13 August 2024. Reports indicate that the case, which is a consolidation of four cases brought between 2008 and 2014, challenged provisions of the Sedition and Subversive Activities Act of 1938 and the Suppression of Terrorism Act of 2008, and 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, which may constitute a violation of several rights enshrined in the African Charter on Human and Peoples’ Rights, and may go against the Declaration of Principles on Freedom of Expression and Access to Information in Africa, Resolution ACHPR/Res.169 (XLVIII)10 on Repealing Criminal Defamation Laws in Africa, and the Principles and Guidelines on Human and Peoples’ Rights while Countering Terrorism in Africa.
41. Against that background, we urged the Government of the Kingdom of Eswatini to review existing laws to ensure that they do not unduly restrict freedom of expression in the Kingdom and to inform the Commission of the steps it has taken or intends to take in fulfillment of its obligations with respect to the concerns raised in that letter.
Meeting with Defenders of Human Rights in the Kingdom of Eswatini
42. On 2nd October 2024, as the Country Rapporteur for the Human Rights Situation in the Kingdom of Eswatini, I participated in a Zoom meeting with Defenders of Human Rights in the Kingdom of Eswatini, some of whom have run away from home for fear of persecution and therefore participated in the Zoom meeting from exile in neighboring countries in the SADC region and in anonymity. They called on the Commission to intervene on the ongoing crackdown on opposition leaders in the Kingdom which has among others led to the alleged poisoning of the President of the main opposition party, resulting in near death and subsequent admission in the Intensive Care Unit in a hospital in the Republic of South Africa.
PART 3: INTER-SESSION ACTIVITIES CONDUCTED IN MY CAPACITY AS A MEMBER OF THE COMMISSION
A. NGO Forum Panel Discussion on the African Union Theme of the Year 2024 on the Right to Education
43. On 20th May 2024, in the NGO Forum preceding the 79th Ordinary Session of the Commission, I took part in a panel discussion in which I made a presentation on “access to education for indigenous populations/communities in Africa,” highlighting multiple challenges that indigenous peoples in Africa face, including dispossession of their lands, territories and resources, forced assimilation into the way of life of the dominant groups, marginalization, poverty and illiteracy.
44. My presentation covered the provisions of legal Instruments recognizing indigenous peoples’ right to education in Africa, challenges in accessing education, the importance of education to indigenous peoples and recommendations to ensure access to quality education for indigenous peoples.
B. Panel Discussion on the African Union Theme of the Year 2024 - on the Right to Education
45. On 24th May 2024, during the 79th Ordinary Session of the Commission, I took part in a panel discussion convened by the Working Group on on Economic, Social and Cultural Rights in Africa, under the African Union theme of the year 2024: “Educate an African fit for the 21st Century: Building resilient education systems for increased access to inclusive, lifelong, quality, and relevant learning in Africa.”
46. The main objective of the panel was to raise awareness on the right to education in Africa in general while paying special attention to marginalized groups, including girls, children in rural areas, those living with disabilities, indigenous populations, refugees and asylum seekers.
C. Roundtable on Proposed Repeal of FGM Law and Pushback on Gender Equality
47. On 28th May 2024, in Banjul, The Gambia, and in my capacity as the Country Rapporteur for the Human Rights Situation in the Republic of The Gambia, I presented welcoming and introductory remarks at a “Roundtable on Proposed Repeal of FGM Law and Pushback on Gender Equality,” convened by the Special Rapporteur on the Rights of Women in Africa, in collaboration with the African Committee of Experts on the Rights and Welfare of the Child (ACERWC), and the United Nations (UN).
48. At that Roundtable discussion I encouraged the Republic of the Gambia to maintain its enviable status and stance against female genital mutilation by maintaining laws banning and criminalizing it, in conformity with relevant provisions of the African Charter and the Maputo Protocol.
D. Sensitization Exchange with Key Representatives of The Republic of The Gambia
49. Recognizing the importance of fostering strong collaborations with national governments to enhance the promotion and protection of human rights, the Commission convened a familiarization and sensitization exchange with key representatives of the Government of the Republic of The Gambia on 1 June 2024, during the 79th Ordinary Session of the Commission, in which I participated virtually in my capacity as the Country Rapporteur. I prepared a statement of the Country Rapporteur for the opening ceremony of the Sensitization Exchange.
50. The sensitization exchange provided a platform for mutual understanding, knowledge-sharing, and presented an opportunity to explore further areas of collaboration with the Republic of The Gambia, as the Commission’s Host Country.
E. Attendance of the Opening Ceremony of the All Africa Judges and Jurists Summit in Nairobi, Kenya
51. On 17th September 2024, on behalf of the Chairperson of the Commission, I attended the opening ceremony of the All Africa Judges and Jurists Summit in Nairobi, Kenya, held under the theme “Pivoting judiciaries for the transformation of Africa into the global powerhouse of the future” in Nairobi, Kenya, on behalf of the Chairperson of the Commission, who is serving as the Focal Point on Judicial Independence in Africa. In that address, I highlighted the significant role that independent judiciaries have to play in the achievement of all the developmental aspirations set out under AU Agenda 2063, particularly Aspiration 3 on “An Africa of Good Governance, Democracy, and Respect for Human Rights, Justice and the Rule of Law.”
52. I called on Judges to be patriotic in their judgments and fight corruption in general and judicial capture in particular. I also called upon the participants to device strategies through which they could contribute towards the implementation of relevant Resolutions of the Commission, in particular the “Resolution on the Respect and the Strengthening of the Independence of the Judiciary - ACHPR/Res.21(XIX) 96” and the “Resolution on the Appointment of a Focal Point on Judicial Independence in Africa - ACHPR/Res.570 (LXXVII) 2023.”
F. Attendance of the Opening Ceremony of the African Forum on Business and Human Rights
53. On 8th October 2024 , I represented the Chair of the Commission at the African Business and Human Rights Forum held in Nairobi, Kenya under the theme “Promoting Responsible Business Conduct in a Rapidly Changing Context“, in my Capacity as the Vice-Chairperson of the Working Group on Extractive Industries, Environment, Human Rights Violations, of the African Commission on Human and Peoples’ Rights, and as the Chairperson of the Working Group on Indigenous Populations/Communities and Minorities in Africa.
54. In my opening remarks, I highlighted the fact that lack of, or weak national regulatory regimes governing business entities on the continent, as well as the inadequate observance of human and peoples’ rights, environmental and transparency standards in some parts of the continent have meant that operations of businesses often result in various human rights concerns. I observed that in most cases indigenous peoples bear the brunt of such human rights violations. Indigenous populations and minorities continue to be vulnerable/prone to human rights violations at the hands of multinational companies in many parts of the continent, and the world.
55. Against that background, I presented relevant Resolutions of the Commission – the Resolution on the Establishment of a Working Group on Extractive Industries, Environment and Human Rights Violations in Africa - ACHPR/Res.148(XLVI)09 and the Resolution on Business and Human Rights in Africa - ACHPR/Res.550 (LXXIV) 2023, and called upon States and different stakeholders to strategize on how they can support the Commission and AU Member States in their implementation.
PART 4: CONCLUSIONS AND RECOMMENDATIONS DRAWN FOR CONSIDERATION
56. Considering the foregoing, I make the following recommendations, mutatis mutandis, to States Parties and various stakeholders:
Recommendations under the Activities of the Committee on the Protection of the Rights of People Living with HIV and those at Risk, Vulnerable to and Affected by HIV in Africa
57. States must ensure that their legislative frameworks are comprehensive in addressing the stigmatization and discrimination against people living with HIV.
58. States must adopt legislative, institutional and policy measures that promote availability and access to HIV testing, treatment and general healthcare.
59. States must ensure that they have appropriate mechanisms and methods in place to collect accurate and up-to-date data relating to HIV/AIDS.
60. States must adopt practical measures and arrangements to ensure the availability and accessibility of Pre-exposure prophylaxis (PrEP), Post-exposure prophylaxis (PEP), Antiretroviral Therapy (ART), condoms and other HIV health related services to people in all parts of their territories, especially in rural and remote areas (villages).
Recommendations under Country Monitoring Efforts, Including Letters of Urgent Appeal and Press Releases to Address Human Rights Violations
61. While commending the Arab Republic of Egypt, The Republic of The Gambia, and The United Republic of Tanzania for responding positively to our Letters of Urgent Appeal on specific matters, we also take note that many States do not endeavour to respond to the Urgent Letters of Appeal from the Commission and I urge them to do so.
62. States are further encouraged to respond to the requests of the Commission to undertake promotional missions to their territories, and provide the necessary support and facilitation to the Commission in that regard.
63. States must protect the gains in the fight against harmful cultural practices, such as female genital mutilation, that subject girls to excruciating pain, deformities and has resulted in deaths due to complications. The laws in place criminalizing the practice of female genital mutilation should be maintained.
64. States with laws permitting death penalty should place a moratorium on the imposition and execution of such sentences, and adopt appropriate legislative and institutional measures towards the abolishment of death penalty, in line with the continental and global trends, and in conformity with the Resolutions of the Commission.
