INTER-SESSION ACTIVITY REPORT
81st ORDINARY SESSION
Banjul, The Gambia, 17 October to 6 November 2023
COMMISSIONER MARIA TERESA MANUELA
SUMMARY
SECTION I: Introduction
SECTION II: Activities carried out during the inter-session period as:
I. Member of the African Commission on Human and Peoples' Rights and Rapporteur for Lusophone Countries;
II. Special Rapporteur on Prisons, Conditions of Detention and Policing in Africa;
III. Member of the Working Group on Communications;
IV. Member of the Committee for the Prevention of Torture in Africa
SECTION III: Challenges
SECTION IV: Recommendations and Conclusions
SECTION I – INTRODUCTION
1. This report is submitted pursuant to Rules 25(3) and 64 of the Rules of Procedure 2020 of the African Commission on Human and Peoples' Rights (the Commission) and covers the activities carried out during the period between the 79th and 81st Ordinary Sessions, in accordance with the objectives set out in the implementation matrix of the Annual Plan, which is derived from the Strategic Plan 2021-2025.
2. The report includes the activities I have undertaken in my capacity as a member of the Commission, Special Rapporteur on Prisons, Conditions of Detention and Policing in Africa (the Special Rapporteur), member of the Working Group on the Death Penalty and member of the Working Group on Communications. The activities carried out as Rapporteur for 5 (five) Lusophone countries in Africa will also be included in this report.
3. The report is divided into four (4) parts: Introduction; Activities during the inter-session period; Challenges faced in the exercise of the mandate as Special Rapporteur and member of the ACHPR; and Recommendations and Conclusions.
SECTION II – ACTIVITIES DURING THE INTER-SESSION PERIOD
I – Activities as a member of the African Commission
Statutory meetings
4. I participated in the 80th Ordinary Session, which was held from 24 July to 2 August 2024. The session dealt with issues relating to the functioning of the African Commission, the consideration of communications, reports and studies, and the adoption of various resolutions that guide the internal life of the Commission and beyond. The results achieved are set out in the final communiqué.
5. From 3 to 6 September this year, I participated in a promotional visit to the Republic of Angola. The delegation was led by the Chairperson of the ACHPR, Honourable Commissioner Remy Ngoy Lumbo, and included Honourable Commissioner Marie Louise Abomo, Rapporteur on the implementation of human rights in the country. I joined the delegation as Resident Commissioner. Two legal officers from the Secretariat were also part of the delegation. Details will be provided in the reports and observations to be submitted in due course.
6. I chaired the promotional visit to the Republic of Cape Verde from 16 to 21 September with a delegation consisting of the Honourable Commissioner Essaiem Hatem and a legal officer from the Secretariat.
7. This visit was planned for 2018/2019, but had to be postponed due to the Covid-19 pandemic. Preparations continued until 2022. After some weather-related mishaps, the visit finally took place. It took place in a cordial, safe and open atmosphere, where it was possible to establish contacts with Cape Verdean government authorities, independent bodies and UN counterparts, as well as civil society, including the press.
8. It was also possible to hold a seminar to introduce the African Commission on Human and Peoples' Rights, its constitution and its functioning. The seminar was attended by public institutions and civil society and took place in one of the rooms of the University's Faculty of Law. The report and concluding observations will be made available in due course.
II - Na As Special Rapporteur on Prisons, Conditions of Detention and Policing in Africa
9. As Special Rapporteur on Prisons, Conditions of Detention and Policing in Africa, I attended the 2nd African Conference on the Network of National Preventive Mechanisms from 26 to 28 June, at the invitation of partners including the UN Subcommittee on the Prevention of Torture, the UN Committee for the Prevention of Torture (CPT), OHCHR, APCOF and APT.
10. This activity was divided into two parts, the first being the formalisation of the Network with the adoption of the Statutes and the establishment of the Permanent Secretariat, chaired by Morocco and shared by five countries, including Mozambique and Cape Verde.
11. In this regard, I must stress that the National Human Rights Institutions in these two countries have also been designated as National Mechanisms for the Prevention of Torture and are therefore part of the Network's Secretariat.
12. The second activity concerned the commemoration of the International Day in Support of Victims of Torture and the 40th anniversary of the UN CAT. In this context and as a member of the Committee for the Prevention of Torture in Africa - CPTA, I participated in the Awareness Raising and Training Seminar on the Alert and Reporting Mechanism on Situations of Torture to the African Commission - Abidjan Rules, which took place at the Omar Dullah Institute.
13. From 29 September to 4 October, at the invitation of the Dakar office of the International Committee of the Red Cross, I participated in the IV Workshop on Prison Infrastructures - AIPA, held in Antananarivo - Madagascar. This forum concluded the first cycle, which has been held since 2017 in Dakar, 2018 in Addis Ababa, 2019 in Tunis, 2020 in Kigali, 2022 in Nairobi and Abidjan and 2023 in Kampala, on the design and construction of prisons in Africa, with a view to improving prison conditions for the well-being of prisoners and respect for human rights.
14. At this workshop, I participated in the opening and closing sessions, where I spoke about the situation being analysed and handed out certificates of participation.
15. Inspection visits were made to the Maison Central prison in Antananarivo Avaradrano, which was built to relieve overcrowding in the current prison. A courthouse has been built about 5 km away to allow for speedy trials.
16. Another high security prison has been built in Fanandrana, which was also visited.
17. During this workshop, the next cycles were planned: the second, covering the period 2025/2026, will be dedicated to the topic of planning and maintenance strategies for new prisons, and the third, for the period 2027/2028, will focus on architecture.
18. At this workshop I also met the President of the African Correctional Services Association (ACSA). We discussed various issues that could serve as a basis for the necessary cooperation between the two bodies.
19. Finally, I had an audience with the Minister of Justice to thank him for his invitation to visit Madagascar. We took the opportunity to discuss some of the Commission's concerns about the country's prisons.
20. Also in this capacity, between the 79th and 81st Ordinary Sessions, I chaired several working meetings with the partners involved in the study on the state of prisons in Africa.
III - As a member of the Working Group on Communications
21. I have participated in all the meetings and other work of this mechanism. The report has already been presented by the honourable Honourable Chairperson of the Group.
IV - As a Member of the Committee for the Prevention of Torture in Africa - CPTA
22. This activity is described in paragraph 7 of my report.
V - As Rapporteur for the Implementation of Human Rights in Countries in Africa with Portuguese as an Official Language - PALOP
23. Recently, there has been progress in PALOP's interaction with the ACHPR. As a result, the Republic of Mozambique presented its state report at the last session and we conducted a promotional visit to Cape Verde.
24. The monitoring carried out in these countries is summarised below:
Mozambique
25. Mozambique has made significant progress in promoting certain human rights in recent years, particularly in the areas of internet freedom, freedom of movement and refugee protection. However, the country continues to face challenges related to extractive industries, the recruitment of child soldiers by extremist groups, and serious humanitarian concerns in conflict-affected regions such as Cabo Delgado. This report highlights key positive developments and areas of continuing concern in Mozambique's human rights landscape in 2024.
Positive Developments
26. Internet freedom: Mozambique has made notable progress in ensuring internet freedom. The authorities upheld the principle of unrestricted access to the Internet, allowing individuals to browse, communicate and share information without undue interference. There have been no reports of deliberate disruption or censorship, which is essential to fostering an open and inclusive digital environment. This commitment has increased access to knowledge and enabled Mozambicans to participate in global conversations and social networks, contributing to a more informed and engaged population.
27. Respect for freedom of movement: The Mozambican government has consistently respected the right of citizens to freedom of movement, including the right to travel domestically and internationally. No bans or arbitrary restrictions have been imposed on individuals wishing to leave the country for work, study or personal reasons. This respect for freedom of movement supports individual liberty, promotes economic opportunity and enhances Mozambique's international engagement.
28. Commitment to Refugee Protection: Mozambique has demonstrated a strong commitment to refugee protection, working with international organisations to provide essential services such as health and education to those seeking asylum. Refugees are protected from forced repatriation to countries where they may face persecution, aligning Mozambique's practices with international human rights standards. This humanitarian approach underlines the country's commitment to respecting the rights of vulnerable populations.
Areas of concern
29. Human rights abuses in the extractive industry: DH Mining's graphite mining project in Nipepe, Mozambique, has raised serious human rights concerns, particularly in relation to community resettlement, transparency and environmental safeguards. The resettlement of 125 families from the village of Mwichi has been controversial, with the affected community expressing distrust towards the company and the government due to inadequate housing and unfulfilled promises of employment and local development. Despite attempts to address these grievances, including a review of housing standards, underlying tensions remain. The community remains sceptical about the company's commitment to transparency and fair compensation. In addition, environmental concerns such as dust pollution remain, despite official assurances that mitigation measures are in place.
30. Child Soldiers and humanitarian law violations: In May 2024, the ISIS-affiliated armed group Al-Shabab used children as young as 13 as soldiers in an attack on the town of Macomia in Cabo Delgado. Human Rights Watch testimony confirms the presence of children in the ranks of the fighters, some of whom were identified by family members as local boys who had disappeared in previous attacks. This grave violation of international humanitarian law has exacerbated the humanitarian crisis in Cabo Delgado, where violence has already displaced thousands of families. The use of child soldiers not only violates international law, but also causes long-term psychological and social damage to these children.
31. The right to life during conflict in Cabo Delgado: The rebellion in Cabo Delgado continues to devastate local communities. According to Bishop António Juliasse of Pemba, the conflict has left many without access to basic needs such as food, health and education. Agricultural activities have been severely disrupted, plunging communities into cycles of hunger and disease. The protracted conflict has created one of Mozambique's most pressing humanitarian crises.
32. Allegations of human rights abuses by the Mozambican Armed and Defense Forces, including reports of torture, extrajudicial killings and sexual violence, have further exacerbated the crisis. Despite the Ministry of Defence's openness to transparent investigations, the lack of accountability and continuing reports of abuses highlight the gap between official claims and the reality on the ground. Greater accountability and respect for human rights by the security forces is urgently needed to rebuild trust and protect civilians in conflict zones.
Recommendations
i. Strengthen community engagement in extractive industries: Mozambique should improve oversight of the extractive industry and ensure that companies engage meaningfully with local communities;
ii. Transparent communication, fair compensation and timely delivery on local development and employment promises are essential to rebuild trust. In addition, the government needs to impose stricter environmental safeguards to mitigate the negative impacts of mining on the health and well-being of local communities.
iii. Combating the recruitment of child soldiers: The Mozambican government, in cooperation with international partners, must take urgent action to prevent the recruitment of child soldiers and ensure the immediate release of those currently involved in the conflict. Reintegration programmes that provide psychological support, education and vocational training for former child soldiers are essential to help them rebuild their lives. Stricter enforcement of laws prohibiting the recruitment of children must be prioritised to prevent further violations;
iv. Address the humanitarian crisis in Cabo Delgado: The Mozambican government, with international support, must step up efforts to meet the humanitarian needs of displaced and conflict-affected populations in Cabo Delgado. This includes restoring access to food, health and education, and facilitating agricultural recovery. The government must also ensure that security forces strictly comply with international humanitarian law and that accountability mechanisms are in place to investigate and prosecute alleged human rights violations by both state and non-state actors.
Cape Verde
33. Cape Verde has made significant progress in promoting human rights, characterised by proactive ratification of international and regional treaties, strong governance and a commitment to vulnerable groups. However, challenges remain in areas such as the legal framework for refugee rights, the protection of older persons and persons with disabilities, and the need for further social development. This report highlights both positive developments and areas of concern about human rights in Cape Verde.
34. At the invitation of the Government of the Republic of Cape Verde, I participated from 16 to 20 September in a mission to promote human rights in accordance with Article 45(1) of the African Charter. As part of the African Commission delegation, I was accompanied by the Honourable Commissioner Hatem Essaiem, Chairman of the Committee for the Prevention of Torture in Africa, and Legal Officer Maulo Mfinda Dombaxi.
35. Durante a missão, o nosso objectivo principal foi dialogar com diversas partes interessadas, reforçando as relações entre a Comissão Africana e Cabo Verde no campo da promoção e protecção dos direitos humanos. Além disso, promovemos a Carta Africana, o Protocolo de Maputo, e outros instrumentos regionais e universais. Também realizamos reuniões com actores-chave, tanto estatais quanto não estatais, para troca de impressões sobre a situação dos direitos humanos no país.
Positive developments
36. Commitment to International Human Rights Standards: Cape Verde has demonstrated a strong commitment to human rights by ratifying several international and regional human rights instruments. These include key treaties on civil liberties, political freedoms and social rights, demonstrating the government's commitment to promoting a rights-based society. The effective implementation of the country's Constitution, which enshrines fundamental freedoms and rights, further reinforces this commitment.
37. Social Security and Health for Vulnerable Groups: Social security and health for vulnerable groups: Cape Verde has made impressive progress in strengthening its social protection network, particularly for populations that do not contribute to the social security system. This includes a comprehensive social security system that provides essential support to the most vulnerable. The country has also ensured that prisoners have access to adequate health care, an area in which many countries struggle. The creation of banking services for prisoners is a groundbreaking initiative, providing prisoners with financial management tools and facilitating their reintegration into society upon release.
38. Gender Equality in Governance: A major achievement in Cape Verde has been the promotion of gender equality, particularly in leadership positions. Women hold key positions in government, reflecting the country's commitment to inclusive governance. This level of representation promotes diverse perspectives in decision-making and strengthens the country's democratic principles. The creation of a special inter-ministerial committee to prepare reports on human rights also demonstrates a clear commitment to transparency and accountability in governance.
39. Civil Society Engagement: Cape Verde benefits from a vibrant civil society landscape, where non-governmental organisations (NGOs) are actively involved in defending human rights and supporting marginalised groups. The dynamic nature of civil society enhances public dialogue and cooperation, fostering a collaborative environment between the government and non-state actors to improve the protection of human rights.
Areas of concern
40. Gaps in the Ratification of Key International Instruments: Despite significant progress in ratifying international human rights treaties, Cape Verde has yet to adopt several key instruments. These include the Convention relating to the Status of Refugees, which would provide a robust legal framework for the protection of refugees; the Protocol establishing the African Court on Human and Peoples' Rights, a key regional mechanism for the enforcement of human rights; and protocols on the rights of older persons and persons with disabilities. The absence of these ratifications limits the country's ability to fully protect these vulnerable populations under international law.
41. Addressing Socio-Economic Vulnerabilities: Although Cape Verde has made concerted efforts to reduce poverty and address social vulnerabilities, these initiatives need to be strengthened to ensure that their impact is felt by all citizens. Economic inequalities and access to basic services such as education, health and employment remain areas of concern, particularly for rural populations and marginalised communities. A more inclusive approach to economic development, with targeted strategies to uplift the most disadvantaged, is essential for continued progress.
42. Enhaced Dialogue Between Government and Civil Society: Although the relationship between the government and civil society is generally positive, there is a need for a more sustained and structured dialogue. Strengthening this cooperation would improve the ability to address pressing human rights concerns more effectively. Civil society organisations have an important role to play in identifying areas of concern and advocating for solutions. A formalised platform for government-civil society engagement could improve policy outcomes and the protection of rights.
43. International Support and Mobilisation of Resources: Cape Verde's progress on human rights requires sustained international support. As a small island developing State, Cape Verde faces challenges in mobilising the necessary resources to fully implement human rights initiatives. The international community is urged to continue to provide financial and technical assistance to strengthen Cape Verde's efforts, particularly in areas such as poverty reduction, health care development and education reform.
Recommendations
i. Ratify Outstanding International Instruments: Cape Verde should prioritise the ratification of pending human rights instruments, including the Refugee Convention and protocols relating to vulnerable groups, to ensure comprehensive protection under international law.
ii. Targeted Socio-Economic Development Programmes: The government should step up efforts to reduce poverty and inequality, especially in rural areas, through targeted socio-economic development programmes that prioritise marginalised groups.
iii. Strengthen Government-Civil Society Dialogue: Establishing formal mechanisms for regular dialogue between the government and civil society organisations will improve cooperation and enhance the protection of human rights.
iv. Strengthening International Support: The international community should continue to provide financial and technical assistance to support Cape Verde's human rights initiatives, particularly in areas that require substantial resources, such as health, education and social services.
Guine-A Bissau
44. Guinea-Bissau, a West African country with a history of political instability, is making gradual progress in improving its human rights situation. However, significant challenges remain in areas such as governance, justice and socio-economic rights. This report highlights three positive developments AMD three main areas of concern in the current human rights context.
Positive developments
45. Political stability: After years of political and military turmoil, Guinea-Bissau has recently seen improvements in political stability following the 2012 coup. The peaceful transition of power following the 2023 legislative elections, despite some tensions, is an important step towards more stable governance and respect for democratic principles. This stability is essential for the promotion and protection of human rights in the country, as it creates an environment conducive to dialogue and citizen participation.
46. Progress in road infrastructure: In recent years, Guinea-Bissau has invested in improving road infrastructure, particularly in the capital, Bissau. These investments have contributed to urban development and connectivity, facilitating transport and access to basic services. The upgrading of roads not only boosts the local economy, but also improves the quality of life of the population and promotes social and economic inclusion.
47. Judicial independence strengthened through election of Supreme Court judges: Despite ongoing challenges within the judicial system, Guinea-Bissau maintains a crucial element of judicial independence: the election of the President and Vice-President of the Supreme Court by the magistrates and appellate judges. This process ensures that the leadership of the judiciary is chosen by their peers, thereby reinforcing the autonomy and impartiality of the judiciary. This practice serves as a safeguard to maintain a fair and independent judiciary, free from external political influence.
Areas of Concern
48. Continued Human Rights Abuses by Security Forces: Reports of abuses, including arbitrary detention, excessive use of force and ill-treatment by security forces, remain a major concern. Despite ongoing reforms, impunity for these violations persists, undermining confidence in the security and justice sectors. It is essential that concrete measures are taken to hold perpetrators to account and to restore public confidence in security institutions.
49. Restrictions on Freedom of Expression and Freedom of the Press: Journalists and the media in Guinea-Bissau continue to face harassment, intimidation and threats. The media operate under considerable pressure and some critical voices are silenced or censored, limiting the space for independent reporting and public debate. The protection of freedom of expression is fundamental to the health of a democratic society and efforts must be made to ensure a safe environment for journalists and activists.
50. Widespread poverty and economic inequality: Guinea-Bissau remains one of the poorest countries in the world, with most of the population living in poverty. Limited access to basic services such as health and education exacerbates socio-economic inequalities, disproportionately affecting women, children and rural communities. The implementation of effective poverty reduction and equity policies is essential to ensure that all citizens can fully enjoy their human rights.
Recommendations
i. Strengthen accountability mechanisms for the security forces: It is essential to implement policies and practices that ensure accountability for abuses committed by members of the security forces, including human rights training and reporting mechanisms accessible to the population.
ii. Protect press freedom and ensure the safety of journalists: The government must guarantee the protection of journalists and the media and foster an environment in which freedom of expression can be exercised without fear of reprisal.
iii. Prioritise poverty reduction strategies: The implementation of health, education and rural development policies should be a priority for the government to improve the quality of life and reduce socio-economic inequalities.
São Tomé and Príncipe
51. São Tomé and Príncipe, a small island nation off the coast of Central Africa, is known for its political stability and democratic governance. However, like many developing countries, it faces challenges in the protection of human rights, particularly in the areas of socio-economic rights, governance and judicial reform. This report highlights three positive developments and three areas of concern in 2024.
Positive Developments
52. Democratic Stability and Peaceful Elections: São Tomé and Príncipe has maintained its reputation as one of the most politically stable democracies in Africa. The 2023 presidential and legislative elections were conducted peacefully, with high voter turnout and respect for democratic principles. This stability fosters a favourable environment for the protection of human rights, allowing citizens to exercise their freedoms and participate actively in the country's political life.
53. Progress in Gender Equality: There has been notable progress in promoting gender equality, particularly through government programmes aimed at increasing the representation of women in leadership positions. Recent legislation has encouraged greater political and economic participation by women, leading to a more inclusive society. This change not only promotes equality, but also enriches the decision-making process by reflecting a diversity of perspectives in governance.
54. Improved Health Services: The government has made significant progress in access to health care, particularly in maternal and child health care. With the support of international partners, São Tomé and Príncipe has reduced infant mortality and improved immunisation coverage, promoting the overall well-being of its citizens. These efforts demonstrate a commitment to the rights to health and life, which are fundamental to human development.
Areas of Concern
55. High Levels of Poverty and Economic Inequality: Despite improvements in social services, São Tomé and Príncipe continues to struggle with widespread poverty and significant economic inequality. Many citizens lack access to necessities such as drinking water, adequate housing and stable employment, especially in rural areas. The persistence of poverty and inequality constitutes an obstacle to the full enjoyment of human rights and affects the well-being and dignity of the population.
56. Inefficiencies in the judicial system: The judicial system faces serious inefficiencies, with long delays in court proceedings, limited access to justice for the poorest and a lack of resources for judicial personnel. These problems undermine public confidence in the system and hinder the fair administration of justice. Lack of efficiency can lead to injustices and violations of citizens' rights, and reforms are urgently needed.
57. Environmental Vulnerability and Human Rights: São Tomé and Príncipe's vulnerability to climate change poses a growing threat to the enjoyment of socio-economic rights. Rising sea levels, deforestation and extreme weather conditions affect agricultural productivity and livelihoods, disproportionately affecting the poorest and threatening food security. Environmental issues have a direct impact on human rights, particularly the right to life and livelihood.
Recommendations
i. Strengthen Poverty Reduction Programmes: The government should step up efforts to develop programmes focused on rural development and job creation to improve the living conditions of the most vulnerable.
ii. Increasing Resources and Training in the Justice System: Investment in training and resources for the judicial system is essential to ensure that all citizens have access to fair and effective justice.
iii. Implement Robust Climate Change Adaptation Strategies: The government must develop and implement policies that protect vulnerable communities from the impacts of climate change and ensure that citizens' socio-economic rights are respected and promoted.
General recommendations
ON PRISONS
58. Urge State parties, HRIS and other key actors (partners, civil society) in the implementation of prisoners' rights:
i. To actively participate and cooperate in the ongoing study in order to know the true extent of the problem and to develop the best solutions to the problems identified;
ii. that States allow visits by the Mechanism in order to have direct contact with the situations and a constructive dialogue, so that it is possible to test the most reliable and compatible solutions for each situation;
iii. that the Luanda Guidelines and all related instruments be more widely disseminated to better address these issues; and
iv. that the infrastructure seminars be extended to Portuguese-speaking countries so that all African countries have the same knowledge on these issues.
ABOU THE POLICE
59. Call upon States parties and law enforcement agencies to:
i. To approve, promote and participate in the dissemination of training programmes on the main instruments of the ACHPR, in particular the study on the (excessive) use of force by law enforcement officers;
ii. To include the regional instruments produced by the Commission in initial and in-service training programmes for law enforcement officials.
iii. initiate the process of harmonising national legislation with regional and international instruments.
CONCLUSION
60. Finally, I must thank my predecessors for their efforts to make this mechanism a success.
61. I would like to take this opportunity to express my gratitude for the support I have received from several States Parties in continuing this delicate mission. Human rights are a dilemma, but the human rights of prisoners are even more difficult to address because those behind walls are somewhat invisible. Nevertheless, it takes courage to lift the veil and talk about what really happens in prisons and detention centres.
62. My thanks also go to our partners in this journey. My thanks also go to our partners in this journey. There's no need to list them all, because our work is extensive and goes back a long way. I hope that we remain steadfast in our goal: to make prisons a place where human rights can be promoted and respected, both for prisoners and for the staff who work there.
63. I would like to thank those who have come together to undertake the State of Prisons in Africa Study Project and hope that our efforts will not be in vain.
64. Let us all work together - States Parties, NHRI and other institutions, including academic, religious, NGOs and other partners - to organise in-person training sessions to disseminate the Commission's publications on respect for human rights, particularly those related to this Mechanism.
Luanda, 23 Couber 2024.
Maria Teresa Manuela
Comissioner
