Banjul, The Gambia
14 May - 03 June 2024
1. In accordance with Article 64(2) of the African Charter on Human and Peoples’ Rights (the African Charter), read in conjunction with Rule 27 of the Rules of Procedure (2020) of the African Commission on Human and Peoples’ Rights (the Commission), the Commission held its 79th Ordinary Public Session in hybrid format (the Session) from 14 May to 03 June 2024 in Banjul, Republic of The Gambia.
2. The opening ceremony took place on 14 May 2024 at the Bakadaji Hotel. It was chaired by H.E. Dr Mamadou Tangara, the Minister of Foreign Affairs of the Republic of The Gambia and the Honourable Commissioner Rémy Ngoy Lumbu, Chairperson of the Commission.
3. The debates of the Session were chaired by the Honourable Commissioner Rémy Ngoy Lumbu, Chairperson of the Commission, assisted by the Vice-Chairperson, the Honourable Commissioner Janet Ramatoulie Sallah-Njie.
4. The following Members of the Commission attended the Session:
i. Honourable Commissioner Rémy Ngoy Lumbu, Chairperson;
ii. Honourable Commissioner Janet Ramatoulie Sallah-Njie, Vice-Chairperson;
iii. Honourable Commissioner Solomon Ayele Dersso;
iv. Honourable Commissioner Hatem Essaiem;
v. Honourable Commissioner Maria Teresa Manuela;
vi. Honourable Commissioner Mudford Zachariah Mwandenga;
vii. Honourable Commissioner Marie Louise Abomo;
viii. Honourable Commissioner Idrissa Sow;
ix. Honourable Commissioner Ourveena Geereesha Topsy-Sonoo;
x. Honourable Commissioner Litha Musyimi-Ogana; and
xi. Honourable Commissioner Selma Sassi-Safer.
5. Important statements were made during the opening ceremony by:
i. Ms. Hannah Forster, Executive Director of the African Centre for Democracy and Human Rights Studies, speaking on behalf of the NGO Forum Steering Committee;
ii. Mr. Joseph Whittal (Esq), representing the Network of National Human Rights Institutions;
iii. H.E Olof Skoog, European Union Special Representative for Human Rights;
iv. Ms Maymuchka Lauristone, Regional Representative of the United Nations High Commissioner for Human Rights;
v. Honourable Djidda Mamar Mahamat, 4th Vice-President of the Pan-African Parliament;
vi. Honourable Aver Gavar, Vice-Chairperson of the African Committee of Experts on the Rights and Welfare of the Child;
vii. Honourable Judge Modibo Sakho, Vice-President of the African Court on Human and Peoples’ Rights;
viii. H.E. Ms Khadijetou Mbareck Fall, Ambassador of Mauritania to Ethiopia and Chair of the Permanent Representatives Committee, on behalf of the States Parties to the African Charter on Human and Peoples’ Rights;
ix. Honourable Commissioner Rémy Ngoy Lumbu, Chairperson of the African Commission on Human and Peoples' Rights; and
x. H.E Mamadou Tangara, Minister of Foreign Affairs of the Republic of the Gambia, who gave the opening address.
6. All the statements made during the Opening Ceremony are available on the Commission's website.
7. A total of eight hundred and five (805) delegates attended the Session, including: one hundred and eighteen (118) representatives of States Parties; eight (8) representatives of AU Organs; three (3) representatives of Regional Economic Communities; three (3) representatives of UN agencies; thirty-nine (39) representatives of international and intergovernmental organizations; sixty-six (66) representatives of NHRIs; four hundred and fifty-nine (459) representatives of African and international NGOs; thirty-nine (39) Observers and twenty-four (24) press and media organizations.
8. The representatives of the following ten (10) States Parties made statements on the human rights situation in their respective countries: Algeria, Angola, Cameroon, Egypt, Eritrea, Ethiopia, Malawi, Mauritania, South Africa and the Saharawi Arab Democratic Republic.
9. Representatives of the following eight (8) NHRIs enjoying affiliate status with the Commission made statements on the human rights situation in their respective countries. These are: Sahrawi National Commission for Human Rights; National Council for Human Rights of the Republic of Egypt; National Council for Human Rights of Côte d'Ivoire; Ethiopian Human Rights Commission; Kenya Commission on Human Rights; National Commission for Human Rights and Freedoms of Cameroon; National Council for Human Rights of Algeria; and Independent National Commission for Human Rights in Burundi.
10. Thirty-five (35) NGOs with observer status with the Commission made statements on the human rights situation in Africa.
11. One (1) international organization, the International Committee of the Red Cross, which has observer status with the Commission, made a statement.
12. One (1) United Nations treaty body, the Committee on Enforced Disappearances, issued a statement.
13. Egypt exercised its right of reply on the human rights situation.
14. During the Public Session, a number of panels were organized on various themes aimed at strengthening the promotion and protection of human rights on the continent:
i. Panel on the celebration of the United Nations Convention against Torture and 20 years of the Committee for the Prevention of Torture in Africa;
ii. Panel on the Abolition of the Death Penalty and Security Issues;
iii. Panel on challenges to the implementation of Article 5(b) of the Maputo Protocol and launch of the second edition of the Maputo@20 newsletter dedicated to victims of female genital mutilation;
iv. Panel on forced displacement to mark the 15th anniversary of the Kampala Convention;
v. Panel on the African Union’s theme of the Year 2024: The Right to Education;
vi. Panel on the Commemoration of the 30th Anniversary of the genocide against Tutsi in Rwanda;
vii. Panel on the 10th anniversary of the Luanda Guidelines;
viii. Panel on the submission of reports by States Parties;
ix. Panel on the African Declaration on the Promotion of the Role of Human Rights Defenders and their Protection in Africa.
15. The Commission took stock of its relations and cooperation with NHRIs and NGOs and the submission of activity reports by NHRIs and NGOs.
16. In accordance with its resolution on the criteria for granting and maintaining affiliate status with National Human Rights Institutions, the Commission granted affiliate status to the National Mechanism for the Prevention of Torture of Mauritania and to the National Gender and Equality Commission of Kenya.
17. Pursuant to its resolution on the criteria for granting and maintaining observer status for human rights NGOs in Africa, the Commission granted observer status to the following ten (10) NGOs:
i. Afrogiveness;
ii. IBSAR Association;
iii. Tunisian Coalition against the Death Penalty;
iv. Danish Institute against Torture - Dignity;
v. Centre for Human Rights and Democracy;
vi. Lawyers for Human Rights;
vii. Hope Inspired Foundation for Women and Youth with Disabilities;
viii. Rwanda Men's Resource Centre;
ix. Friends of Angola;
x. Women’s Legal Aid Centre.
18. This brings the total number of NGOs with Observer status with the Commission to five hundred and seventy-one (571) and the total number of NHRIs with Affiliate status with the Commission to thirty-eight (38).
19. The Commission presented the status of submission of State Party reports, noting that thirteen countries are up to date; three countries are in the review process, eight countries are one report overdue, three countries are two reports overdue, four countries are three reports overdue, seventeen countries are more than three reports overdue, and six countries have not yet submitted their initial report.
20. The Commission examined the Periodic Report (2015-2021) of the Republic of Mozambique under the African Charter on Human and Peoples’ Rights, in accordance with Article 62 of the African Charter.
21. The Members of the Commission presented their intersession reports to highlight the activities undertaken in their capacity as Commissioners, Country Rapporteurs and Special Mechanism mandate holders. All the reports presented are available on the Commission's website. The presentation of these reports prompted reactions, contributions and questions from State delegates, NHRIs and CSO representatives.
22. During its private session, the Commission examined and adopted the following reports and documents:
i. The Chairperson's report on intersession supervision activities;
ii. Updates on the Study of the impact of COVID-19 on indigenous peoples in Africa, and the link between COVID-19 and HIV;
iii. Report on the conclusions of the Conference regarding the implementation and national impact of ACHPR’s decisions;
iv. Report on complementarity between the Court and the Commission: Discussion on outstanding issues concerning the transfer of Communications to the African Court;
v. Paper on the simultaneous application of the Commission's 2010 and 2020 Rules of Procedure;
vi. Paper on the Admissibility of Periodic Reports from suspended African Union Member States;
vii. Report from the Secretariat on the administrative admissions of four (4) Communications;
viii. Communications audit narrative report;
ix. Report of the Working Group on Communications;
x. Paper on working methods for coordinating Commissioners' intersession activities;
xi. Report of the Working Group on specific issues relating to the work of the Commission;
xii. Report on Follow-Up actions and Decisions taken during the 77th and 78th Ordinary Sessions;
xiii. Report by the Chairperson of the Advisory Committee on Budgetary and Staff Matters;
xiv. Paper on Applications for Observer Status during the Private Session;
xv. Press Release on the humanitarian situation in the Gaza Strip.
23. The Commission examined the following documents and took note of them for subsequent deliberations:
i. Paper on the power to examine suo motu (on its own initiative) violations not alleged by the Complainant;
ii. Paper on intersession reports submitted by special mechanisms.
24. The Commission held a working session with the African Child Policy Forum on the conclusions and recommendations of the Pan-African study on children deprived of their liberty in the situation of armed conflict.
25. The Commission held a working meeting with the United Nations Special Rapporteur on Counter-Terrorism and Human Rights.
26. The Commission held a sensitization exchange with officials from key ministries in the Gambian government.
27. The Commission examined the following eight (8) Communications:
i. Five (5) Communications on admissibility; with four (4) declared admissible and one (1) inadmissible;
ii. One (1) communication on merits adopted;
iii. Two (2) Communications struck out.
28. The Commission adopted one (1) country-specific Resolution on the human rights situation in the Republic of Sudan.
29. The Commission adopted three (3) thematic resolutions:
i. Resolution on the Development of an Addendum on Data to the State Party Reporting Guidelines for Economic, Social and Cultural Rights in the African Charter on Human and Peoples’ Rights (Tunis Reporting Guidelines);
ii. Resolution on the preparation of the General Comment on the right to development in Africa;
iii. Resolution on the Substitution of Vice-Chairperson of the Working Group on Economic, Social and Cultural Rights in Africa.
30. The Commission did not adopt the following Resolutions:
i. Resolution on the need for a study on the consequences and impacts of climate change on forced population displacement in Africa;
ii. Resolution on the promotion of the use of indigenous languages as a means of communication and participation in the implementation of the African Continental Free Trade Area;
iii. Resolution on the need for citizen participation with the right to speak granted to individuals during the work of the African Commission on Human and Peoples’ Rights;
iv. Resolution on changing the name of the Working Group on Specific Issues relating to the work of the African Commission on Human and Peoples’ Rights;
v. Resolution on the human rights situation in Chad.
31. The Commission has decided to hold its 80th Ordinary Session from 24 July to 02 August 2024. Details of the next Session will be made public on the Commission’s website in due course.
32. The Commission expresses its sincere gratitude to the States Parties, international organizations, NHRIs, NGOs and all stakeholders who participated in this Ordinary Session.
33. The Commission also expresses its deep gratitude to His Excellency Adama Barrow, the Government and the people of the Republic of The Gambia for permitting the Commission to host the 79th Ordinary Public Session in The Gambia, and for the support in opening and closing the Session.
34. The Closing Ceremony of the 79th Ordinary Session took place on 03 June 2024.
Done in Banjul, on 03 June 2024
