Final Communiqué of the 17th Extra-Ordinary Session of the African Commission on Human and Peoples’ Rights
1. The African Commission on Human and Peoples’ Rights (the Commission) held its 17th Extra-Ordinary Session, from 19 to 28 February 2015, in Banjul, The Gambia.
2. The Session was convened to deal with Communications, and other outstanding matters.
3. The Chairperson of the Commission, Honourable Commissioner Kayitesi Zainabo Sylvie, opened the Session, with the assistance of Honourable Commissioner Béchir Khalfallah, the Vice-Chairperson.
4. The Session was attended by the following Commissioners:
- Honourable Commissioner Kayitesi Zainabo Sylvie;
- Honourable Commissioner Mohamed Béchir Khalfallah;
- Honourable Commissioner Reine Alapini-Gansou;
- Honourable Commissioner Pansy Tlakula;
- Honourable Commissioner Yeung Kam John Yeung Sik Yuen;
- Honourable Commissioner Soyata Maiga;
- Honourable Commissioner Lucy Asuagbor;
- Honourable Commissioner Med Kaggwa;
- Honourable Commissioner Maya Sahli-Fadel;
- Honourable Commissioner Pacifique Manirakiza; and
- Honourable Commissioner Lawrence Murugu Mute.
5. The Working Group on Communications (the WGC) held a meeting on 19 February 2015 to consider Communications on Seizure, in addition to requests for Provisional Measures, submitted to the Commission.
6. The Chairperson, Honourable Commissioner Kayitesi Zainabo Sylvie, briefed Members of the Commission on the outcome of the 24th African Union (AU) Summit, which took place from 23 to 31 January 2015, in Addis Ababa, Ethiopia.
7. The Chairperson noted the various discussions which were held during consideration of the Commission’s 37th Activity Report, including inter alia: the venue for the 56th Ordinary Session; implementation of the Executive Council decision with regards to the fact-finding mission to the Sahrawi Arab Democratic Republic; the status of the Commission as an independent organ of the AU; and construction of the Commission’s Permanent Headquarters. The Chairperson further noted that the Executive Council formally adopted the Concept Note for Project 2016: the African Year for Human Rights with particular focus on the Rights of Women.
8. The Chairperson also reported on the launch of the Report of the Study on the Right to Nationality in Africa, which was jointly organized by the African Union Commission and the Commission’s Special Rapporteur on Refugees, Asylum Seekers, Migrants and Internally Displaced Persons in Africa, Honourable Commissioner Maya Sahli-Fadel.
9. Additionally the Chairperson held side meetings on the margins of the AU Summit with the following: the Commissioner for Political Affairs, H.E. Dr. Aisha Abdullahi, and the Director of the Department of Political Affairs, Dr. Khabele Matlosa; the Delegation of the European Union to the AU; the UN Assistant Secretary-General for Human Rights, Mr. Ivan Simonovic; the Minister of State for Foreign Affairs of the Republic of Niger, H.E. Mr. Bazoum Mohammed; and the International Federation for Human Rights (FIDH).
10. The Commission considered and adopted decisions on forty-seven (47) Communications, as follows:
(i) Thirty-two (32) Communications on Seizure, including one (1) inter-state Communication, with thirty-one (31) seized and one (1) deferred;
(ii) Six requests for Provisional Measures, with five (5) granted, and one (1) request rejected;
(iii) Four (4) Communications on Admissibility, with two (2) declared admissible, one (1) declared inadmissible, and one (1) deferred;
(iv) Four (4) Communications on the Merits; and
(v) One (1) Communication struck out for want of diligent prosecution.
11. Additionally, the Commission provided direction on nineteen (19) Communications on which the Secretariat had sought guidance.
12. The Commission held discussions on and adopted its Strategic Plan (2015 – 2019).
13. The Commission considered and deferred the Draft Additional Protocol to the African Charter on Human and Peoples’ Rights on the Abolition of the Death Penalty in Africa to the next Ordinary Session.
14. The Commission discussed and adopted the following:
(i) Report of the WGC;
(ii) Report of the Chairperson on the AU Policy Organs Meeting;
(iii) Report on the Fact-Finding Mission to the Central African Republic;
(iv) Report of the Advisory Committee on Budgetary and Staff Matters;
(v) Paper on the Commission filing Amicus Curiae Briefs.
15. The Commission considered and adopted Concluding Observations on the:
(i) Second and Combined Report of the Republic of Mozambique; and
(ii) Initial and Combined Report of the Republic of Liberia.
16. The Commission deliberated on the governance of the Secretariat, and decided to adopt a Report and Resolution on the matter.
17. The Commission selected and appointed nine (9) new expert members to the Working Group on Economic, Social and Cultural Rights.
18. The Commission adopted the following nine (9) Resolutions:
(i) Resolution on 2015 Elections in Africa;
(ii) Resolution on the Human Rights situation in the Republic of The Gambia;
(iii) Resolution on the Human Rights situation in the Federal Republic of Nigeria;
(iv) Resolution on the nomination of Experts Members of the Working Group on the Economic, Social and Cultural Rights in Africa;
(v) Resolution on the Right to Water Obligations;
(vi) Resolution on the World Bank’s draft Environmental and Social Policy (ESP) and associated Environmental and Social Standard (ESS);
(vii) Resolution on the Deteriorating Human Rights situation in the Arab Republic of Egypt;
(viii) Resolution on the Governance of the Commission and its Secretariat;
(ix) Resolution on the Meetings of the Working Group on Communications.
19. The Commission deliberated on the following:
(i) A Letter from NGOs requesting a Fact Finding Mission to The Gambia;
(ii) A Letter from the Office of the High Commissioner for Human Rights and UN AIDS;
(iii) The Commission’s Calendar of Activities for 2015.
20. The Commission will hold its 56th Ordinary Session from 21 April to 07 May 2015, in Banjul, The Gambia, and its 18th Extra-Ordinary Session at a date and venue to be communicated later.
21. The Commission expresses its sincere and profound gratitude to the Government and People of the Republic of The Gambia for the hospitality extended to the Members of the Commission during the 17th Extra-Ordinary Session.
Done in Banjul, The Gambia during the 17th Extra-Ordinary Session of the Commission, from 19 to 28 February 2015
