The African Commission on Human and Peoples' Rights (the Commission), meeting during its 78th Ordinary Session held virtually from 23 February to 8 March 2024
Recalling its mandate to promote and protect human and peoples’ rights in Africa under the African Charter on Human and Peoples’ Rights (the African Charter);
Considering Article 4 of the African Charter which enshrines the right to life and prohibits its arbitrary deprivation; Article 5 which prohibits torture, cruel, inhuman or degrading treatment or punishment; and Article 6 which guarantees the right to personal liberty and security of the person;
Considering Article 4 of the Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa; and Articles 5 and 30 of the African Charter on the Rights and Welfare of the Child which also guarantees the right to life of women and children respectively;
Further considering Article 45(1)(a) of the African Charter which mandates the Commission to collect documents, undertake studies and research on African problems in the field of human and peoples' rights;
Further considering General Comment No. 3 on the African Charter on Human and Peoples' Rights: The Right to Life (Article 4), adopted at its 57th Ordinary Session, held from 4 to 18 November 2015, which provides that States have an increased responsibility to protect the lives of persons in their custody;
Recalling its Resolution ACHPR/Res. 227(LII) 2012 on expanding the mandate of the Working Group on Death Penalty in Africa to include extrajudicial, summary or arbitrary executions with a mandate to, inter alia, undertake studies on issues relating to extrajudicial, summary or arbitrary executions, adopted at its 52nd Ordinary Session held from 9 to 22 October 2012 in Yamoussoukro, Côte d 'Ivoire;
Recalling its Resolution ACHPR/Res. 408(LXII) 2018 on expanding the mandate and membership of the Working Group on Death Penalty and Extrajudicial, Summary or Arbitrary Executions in Africa (the Working Group) to include enforced disappearances, adopted at its 63rd Ordinary Session held from 24 October to 13 November 2018 in Banjul, The Gambia;
Further recalling its Resolution ACHPR/Res. 448 (LXVI) 2020 on the Drafting of the Guidelines for the Protection of All Persons from Enforced Disappearance in Africa, adopted at its 66th Ordinary Session held virtually from 13 July to 7 August 2020;
Recalling also the Resolution on the Need to Conduct a Study on Extrajudicial Executions in Africa - ACHPR/Res.519 (LXXI) which mandated the Working Group on the Death Penalty, Extra-Judicial, Summary or Arbitrary Executions and Enforced Disappearances in Africa to carry out this study in collaboration with the Institute for Human Rights and Peace of the University Cheikh Anta Diop of Dakar (Senegal);
Whereas the deadline for carrying out the Study expired on 13 March 2023;
Aware of the need to give the members of the Working Group ample time to proceed with the finalization of the draft study;
The Commission:
1.Decides to extend the time limit for the preparation and presentation of the study by one (1) year.
2.Calls on all relevant stakeholders to provide the necessary support to the study.
Done virtually, 08 March 2024
