The 73rd Ordinary Session of the African Commission on Human and Peoples' Rights has kicked off, setting the pace for deliberations on issues of human rights and engagement with various stakeholders on the human rights situation in Africa, its relationship and cooperation with National Human Rights Institutions (NHRIs) and Specialized Institutions, as well as with Non-Governmental Organizations (NGOs), granted Observer Status. The 20-day Session kicked off on the 21st October 2022 and is scheduled to run all through to the 9th November 2022. The Session will focus on the following 15 key areas highlighted here.
The convening of the Ordinary Session also coincides with the commemoration of 35th since the African Commission on Human and Peoples' Rights was established. The African Commission on Human and Peoples' Rights is the premier human rights body of the African Union, established under Article 30 of the African Charter on Human and Peoples' Rights, the founding treaty of the African Human Rights system, for the promotion and protection of human rights in Africa. Relatedly, Africa Human Rights Day is celebrated every 21st of October to mark the coming into force of the African Charter on Human and Peoples’ Rights.
The Session allows the participation of various stakeholders across the continent who deliver statements and reports to the Commission as a mechanism to engage citizens’ in co-creating solutions and enhancing the implementation of commitments on human rights. The stakeholders include African Union member states; non-governmental organizations; National Human Rights Institutions; civil society organizations; development partners, among others.
The African Commission on Human and Peoples' Rights has made progress in the reduction of torture in places of deprivation of liberty and in accelerating the process of adopting texts on the protection of the rights of refugees, the rights of migrant workers, the rights of children and the rights of women. It has also made progress in advancing civil, political, economic, social and cultural rights throughout the African continent.
However, despite numerous elaborate policies and efforts by the African Union and its Organs, the challenges on the continent around human and peoples’ rights still exist. The challenges stem from the aftermath of colonial exploitation; issues of state sovereignty; weak enforcement and accountability measures, limited resources for effective implementation of the human rights standards exacerbated by conflicts, corruption, competing priorities at the domestic level, and more recently, the COVID-19 pandemic.
As the African Commission on Human and Peoples’ Rights commemorates 35 years since its establishment, the African Union Commission Deputy Chairperson Dr. Monique Nsanzabaganwa called for an objective introspection and evaluation of the many contributions and persistent and emerging challenges that still remain in the promotion and protection of human rights on the African continent. “In the Agenda 2063 adopted in 2013, which contains seven aspirations, the third aspiration aims at "an Africa of good governance, democracy, respect for human rights, justice and the rule of law". The consultations for the preparation of Agenda 2063, as well as the dynamism of the continent's NGOs and African civil society in general, show that human rights continue to be of particular concern to us, despite the significant improvements recorded since the adoption of the African Charter as well as the establishment of this Commission until today.” Read full statement here.
To demonstrate the commitment of the Government of the Gambia to protect and promote human rights, Vice President Alieu Badara Joof, briefed on the progress of the Truth, Reconciliation and Reparations Commission (TRRC) established to investigate and create an impartial record of the human rights abuses committed from 1994 – 2017 in order to deliver justice, accountability, promote healing and reconciliation to all persons affected during this period. The TRRC delivered on its mandate and provided a report on the 25th November, 2021. He stated, “On the 25th day of May, 2022 the government released its white paper on the report of the TRRC. The white paper represents the government’s position on the recommendations of the TRRC. The white paper is unprecedented in the history of truth commission given the reality that out of the 265 recommendations made, the government accepted all rejecting only two. We are confident that as a government we now have a clear roadmap towards reconciliation, justice reparations, and ensuring non reoccurrence.” Read full statement here
The Chairperson of the African Commission on Human and Peoples’ Rights Hon. Remy Ngoy Lumbu expressed concern with the deterioration of human rights in the COVID-19 pandemic era noting the numerous restrictions on the freedoms guaranteed by the African Charter and more specifically on the right to freedom of expression, of association and demonstration and through this to a narrowing of civic space but also to a deterioration of the situation of human rights defenders and civil society through the tightening of national legislative frameworks governing the activities of non-governmental human rights organizations as well as the numerous administrative obstacles to their registration and the arbitrary suspensions they face. He stated, “the collaboration and support of all stakeholders and actors involved in improving the human rights situation on the continent on a daily basis is paramount. An equally strong interest must continue to be given to the rights of women and girls of our continent because we cannot claim to contribute to the development of the peoples of Africa, if half of the latter continue to suffer discrimination on the basis of their gender and if their rights continue to be violated. I also take this opportunity to denounce all forms of discrimination based on race, ethnicity, color, gender, language, religion, political opinion, real or assumed sexual orientation and any other situation and to call on all stakeholders to provide answers and solutions to remedy them. Read full statement here
Hon. Justice Hassan Jallow, the Chief Justice of the Republic of the Gambia, and one of the drafter of the African Charter on Human and People’s Rights, observes that the Charter is more remarkable in its features than it’s the timeline of its evolution. Many of the features were and remain novel and revolutionary owing in the concept of duties of individuals and accompanying individual rights as well as the concept of collective rights. “States can be reluctant to point fingers at each other but civil societies should not hesitate to point fingers and states and to put pressure on them to live to their obligations by ensuring they are implementing the decisions. We should encourage all African Union member states to be state parties of the African Court. A well-functioning commission and a human rights African Court with competence to receive complaints from individuals, will greatly enhance the implementation of the Charter. Read full statement here
Prof. Ismaila Madior Fall, Senegal’s Attorney General, and Minister of Justice observes that flagrant, massive or systematic violations of human rights represent a threat to peace and international security, underscoring the relevance for strong monitoring mechanism such as the African Commission on Human and Peoples' Rights to ensure respect for human rights, contributes to the stability, security and peace of the peoples of Africa. He added, “The Charter is one of the greatest peace projects in the history of Africa, as evidenced by the content of its provisions, through the fundamental rights and freedoms enshrined therein, which constitute the very foundations of justice, lasting peace, collective solidarity and a desire to live together. Read full statement here
Hon. Lady Justice Imani Aboud, President of the African Court on Human and Peoples’ Rights, while emphasizing on enhanced synergies between the Organs of the African Union, restated the need for the amendment of Article 5 of the Protocol for the African Committee of Experts on the Rights and Welfare of the Child, one of the three AU organs with exclusive human rights mandate, to be included as one of the entities that can access the Court directly. “We believe statutory complementary between the African Court, ACHPR, and ACERWC, can further enhance the protection of human rights on the continent. We therefore, through this platform, call on the AU to finalise the process of amending Article 5 of the Protocol, an initiative launched by the Court since 2017. We further call on Member States of the African Union, other AU organs, Civil Society Organisations, and all other human rights stakeholders on the continent, to work with us to strengthen complementarity and entrench the culture of human rights in Africa. Read full statement here
The Chairperson of the Network of African National Human Rights Institutions (NHRIs) Dr. Elasto Hilarious Mugwadi while briefing on the pre-forum the human rights institutions convened at the margins of the ACHPR Ordinary Session, stated that one of the outcomes was linked to the nexus between trade and human rights. “Even as we expect the increased investment in line with the African Continental Free Trade Area and other initiatives under Agenda 2063, it should worry each of us how we are going to protect, respect and remedy human rights. On this note, we call on the African States to work with NHRIs, civil society organization and other actors in developing the National Action Plans. We also call on the members of the African Union to expedite finalisation and adoption of a legally binding instrument on Business and Human Rights. These and more frameworks will assist in protection, respect and remedy on human rights violations in relation to business.” Read full statement here
Hannah Forster, the Executive Director of the African Centre for Democracy and Human Rights Studies and Chairperson of the NGO forum, reiterated the willingness and readiness of the non-governmental organizations to work collaboratively with the African Commission in the realization of the various objectives on the protection and promotion of human rights. In the true spirit of the African Union’s Constitutive Act in which the Heads of State of Africa professed a ‘common vision of a united and strong Africa, energized by partnership between governments and all segments of civil society’, representatives at this Forum reaffirmed their commitment to the reinforcement of this partnership with the African Union and all its organs, not the least, the African Commission, in the furtherance of human rights, good governance and the rule of law in Africa.” Read full statement here
Maymuchka Lauriston, Deputy Regional Representative, Office of the United Nations High Commissioner for Human Rights to the African Union and East Africa Regional Office observed that the implementation of the Addis Ababa Roadmap has witnessed many achievements but has also remained constrained by challenges, some of a structural nature and others more functional and programmatic. “This anniversary thus gives us a unique opportunity to reflect on these challenges and strengthen the vision for the Addis Ababa Roadmap for the next decade. A vision that our Office hopes will be innovative, inclusive of different actors’ contributions; nimble and agile, to be able to respond to the many human rights challenges.” Read full statement here
Amb. Corrado Pampaloni, Head of the Delegation of the European Union to The Gambia observed that respecting human rights is not a political choice for countries or governments but a legal obligation rooted in international and regional human rights instruments, such as the African Charter on Human and Peoples′ Rights, which last year celebrated its 40. “As we commemorate the 35th anniversary, we look forward to continuing our cooperation with the AU and its Human Rights Organs as we are stronger and most resilient when we work together.” Read full statement here
Learn more about the African Commission on Human and Peoples' Rights by visiting – https://achpr.au.int/ #AfricaHumanRights
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Doreen Apollos | Information and Communication Directorate | African Union Commission | Tel: +251 115 517 700 | E-mail: ApollosD@africa-union.org l | Addis Ababa, Ethiopia.
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