The African Commission on Human and Peoples' Rights (the Commission), meeting at its 66th Ordinary Session, held virtually from 13 July to 7 August 2020:
Recalling its mandate of promotion and protection of human and peoples’ rights in Africa under Article 45 of the African Charter on Human and Peoples’ Rights (the African Charter);
Considering Article 1 of the African Charter which stipulates that “States, parties to the present Charter shall recognise the rights, duties and freedoms enshrined in the Charter and shall undertake to adopt legislative or other measures to give effect to them”;
Recalling and reaffirming its Resolution ACHPR/Res. 419 (LXIV) 2019 on the human rights situation in the Republic of Mali;
Further recalling its previous Resolutions on the human rights situation in northern Mali and the relevant decisions adopted by the Peace and Security Council of the African Union (AU) and by the Economic Community of West African States (ECOWAS);
Reaffirming its commitment to the promotion of democracy in Africa and recognizing that good governance, transparency and respect for human rights are fundamental principles which contribute to peace and development in Africa;
Considering the provisions of the Agreement for Peace and Reconciliation of 2015 (Algiers Agreement) which provides, inter alia, for respect for national unity, territorial integrity and sovereignty of the State of Mali; recognition and promotion of cultural and linguistic diversity; rejection of violence as a means of political expression and the use of dialogue and consultation to resolve differences, as well as respect for human rights, human dignity and fundamental and religious freedoms;
Taking note of the recommendations of the ECOWAS mission supported by the African Union and the United Nations for a lasting solution to the crisis;
Bearing in mind the mediation mission to Mali conducted on 23 July 2020 by the five Heads of State of the sub-region, namely Presidents Macky Sall of Senegal, Alassane Dramane Ouattara of Côte d'Ivoire, Mahamadou Issoufou of Niger, Muhammadu Buhari of Nigeria, Nana Akuffo-Addo of Ghana and the ECOWAS Special Envoy, former Nigerian President Goodluck Jonathan, and the decision of the current Chairman of ECOWAS, His Excellency Muhammadu Buhari of Nigeria, to organise an Extra-Ordinary Summit on 27 July to adopt “strong measures in support of Mali”;
Further recalling its press statements of 19 May and 14 July 2020 on the violence ensuing from the publication of the final results of the parliamentary elections in Mali and on the socio-political situation in Mali respectively;
Reaffirming Article 13 of the African Charter, which guarantees the right for every citizen to participate freely in the government of his country;
Concerned by the loss of human lives as a result of the protests that followed the proclamation of the parliamentary results on 19 April 2020 and by the current volatile security situation in the country;
Deploring the violation of numerous rights guaranteed by the Charter, including the right to freedom of association and assembly, freedom of expression, and protection against arbitrary arrest and detention;
Deeply concerned by the continuing socio-political crisis in Mali and the negative repercussions it could have in the sub-region;
The Commission:
- Condemns the deterioration of the security, humanitarian and socio-political situation in Mali;
- Calls on the Malian authorities to take the necessary measures to guarantee the safety of the populations as well as respect for and protection of their fundamental rights as guaranteed by the Charter and all relevant instruments ratified by Mali;
- Urges stakeholders to engage in constructive and inclusive dialogue as a matter of priority and urgency with a view to resolving the current political crisis and restoring peace and stability in the country and in the sub-region;
- Calls for the implementation of all ECOWAS, AU, EU and UN recommendations to end the crisis;
- Expresses its intention to carry out a Fact-Finding Mission to Mali and calls on the relevant authorities to grant the authorization for this purpose.
Done virtually, 7 August 2020