The African Commission on Human and Peoples’ Rights meeting at its 38th Ordinary Session held from 21st November to 5th December 2005 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;
Reaffirming the importance of the observance of the purposes and principles of the African Charter for the promotion and protection of the human rights of all, including those of detainees and prisoners;
Recalling its decision to establish the position of and appoint a Special Rapporteur on Prisons and Conditions of Detention in Africa as a prison monitoring mechanism taken at its 20th Ordinary Session held in Grand Bay, Mauritius in October 1996;
Considering that the term of Dr. Vera Mlangazuwa Chirwa as a Member of the African Commission along with her mandate as Special Rapporteur on Prisons and Conditions of Detention in Africa came to an end on 21st November 2005;
Appreciating the work that Dr. Chirwa has done as Special Rapporteur on Prisons and Conditions of Detention in Africa;
Emphasising the importance of the work of the Special Rapporteur as regards the search for solutions to the problems arising from the restriction of the freedom of the individual, in particular;
Decides to appoint Commissioner Mumba Malila as the Special Rapporteur on Prisons and Conditions of Detention in Africa for a period of two years effective 5th December 2005.