The African Commission on Human and Peoples’ Rights (the African Commission) meeting at its 46th Ordinary Session held from 11 - 25 November 2009, in Banjul, The Gambia:
Recalling its mandate to promote human and peoples’ rights and ensure their protection in Africa under the African Charter on Human and Peoples’ Rights (the African Charter);
Aware that in the exercise of its mandate, the African Commission has established various thematic mechanisms for the promotion and protection of human and peoples’ rights in Africa;
Recalling that at its 35th Ordinary Session held from 21 May - 4 June 2004 in Banjul, The Gambia, the African Commission adopted Resolution ACHPR/Res.72(XXXV)04 providing for the establishment of the mechanism of Special Rapporteur on Refugees, Asylum Seekers, Internally Displaced Persons in Africa;
Cognisant of Resolution ACHPR/Res.72(XXXVI)04 adopted at Dakar during the 36th Ordinary Session which elaborated the mandate of the Special Rapporteur;
Recalling that at its 39th Ordinary Session held from 11- 25 May 2006 in Banjul, The Gambia, the African Commission adopted Resolution ACHPR/Res.95(XXXIX)06 which extended the mandate of the Special Rapporteur to cover migration issues;
Bearing in mind Resolution No. ACHPR/Res. 116(XXXXII) 07: adopted at the 42nd Ordinary Session held in Brazzaville, the Republic of Congo on the renewal of the Mandate of the Special Rapporteur on Refugees, Asylum Seekers, Internally Displaced Persons and Migrants in Africa;
Noting with appreciation the accomplishment of the Special Rapporteur, Commissioner Bahame Tom Mukirya Nyanduga;
Considering the need to enable the Special Rapporteur on Refugees, Asylum Seekers, Internally Displaced Persons and Migrants in Africa to continue to carry out its mandate, and address urgent issues falling within this mandate;
Decides to appoint Commissioner Mohamed Fayek as Special Rapporteur on Refugees, Asylum Seekers, Internally Displaced Persons and Migrants in Africa for a period of two years, effective 25 November 2009;
Done in Banjul, The Gambia 25 November 2009.
