The African Commission on Human and Peoples' Rights (the Commission), meeting in its 80th ordinary session, held virtually from 24 July to 2 August 2024
Recalling its mandate to promote and protect human rights in Africa under Article 45 of the African Charter on Human and Peoples' Rights (the African Charter);
Bearing in mind the obligations of the Republic of Sudan under the African Charter and other relevant human rights instruments to which it is a party;
Considering objectives 3 (f), (g) and (h) of the AU Constitutive Act to promote peace, security, and stability on the continent; promote and protect human and peoples’ rights in accordance with the African Charter on Human and Peoples’ Rights and other relevant human rights instruments;
Recalling it's Resolutions ACHPR/Res.555 (LXXV) 2023; ACHPR/Res.563 (LXXVI) 2023; ACHPR/Res.578 (LXXVII) 2023; and ACHPR/Res.588 (LXXIX) 2024, on the Human Rights Situation in the Republic of Sudan;
Further recalling the AU's Peace and Security Council press statement PSC/PR/BR. adopted at the 1213th meeting held on 21 May 2024, requesting the African Commission on Human and Peoples’ Rights to urgently investigate the human rights situation in El Fasher and other areas in Darfur and to report back to Council, including on recommendations to hold perpetrators accountable;
Also recalling the AU's Peace and Security Council final Communiqué PSC/HoSG/COMM. adopted at the 1218th meeting 21 June 2024, requesting the AU Commission, in coordination with the African Commission on Human and Peoples’ Rights (ACHPR), to investigate and make recommendations to the PSC on practical measures to be undertaken for the protection of civilians;
Strongly Concern at reports about the hostilities which have led to an increased number of victims and casualties in the ongoing conflict, and which have resulted in serious and gross violations of human rights, breaches of international humanitarian and human rights law, refugee rights and the provisions of the Kampala Convention;
Concerned about the threats to the safety, security, well-being and livelihood of the people of Sudan, as well as the loss of lives, destruction of public and private infrastructure, as the Armed conflict continues;
Further concerned about allegations of gross violations in the ongoing conflict in Sudan; including sexual violence against women and girls, rapes used as weapons of war, and killings of civilians by belligerents and extrajudicial killings, the large-scale movement of Sudanese refugees fleeing to neighboring countries and massive internal displacement of millions of people;
Deeply concerned about the humanitarian crisis in Sudan, challenges to accessing humanitarian assistance, the use of starvation as a weapon of war, allegations of human rights violations, the attacks on civilian infrastructure, and destruction of property, which may constitute war crimes and crimes against humanity.
Recognizing the urgent need for instituting measures for averting further violations of human rights;
Also recognizing the political, logistical and financial support of the AU Peace and Security Council in establishing a fact-finding mission on the human rights situation in the Republic of Sudan;
The Commission:
1. Decide to undertake a Joint Fact-finding Mission with the AU Peace and Security Council into the human rights situation in Sudan;
2. Calls on the Government of Sudan and neighboring States to cooperate with the Commission and authorize the fact-finding mission urgently;
3. Undertakes the Joint Fact-Finding Mission in a hybrid format, consisting of an on-site investigation in a designated area of Sudan or neighboring States for duration of two weeks, where possible. Following the on-site investigation, the Mission will continue its work remotely for an additional two weeks. This arrangement will occur within a three-month timeframe, which may be extended if necessary. At the end of each term, the Mission will issue a report on its activities.
4. Appoints the following Commissioners as Members of the Joint fact-finding mission:
- Honorable Commissioner Hatem Essaiem, Chairperson of Committee for prevention of Torture in Africa and the Country Rapporteur on the situation of Human Rights in Sudan;
- Honorable Commissioner Solomon Ayele Dersso, Chairperson of the working group on extractive industries, Environment and Human Rights Violations, and Focal point on Human Rights in conflict situations in Africa;
- Honorable Commissioner Janet Ramatoulie Sallah Njie, Vice Chairperson of the African Commission and Special Rapporteur on the Rights of Women in Africa;
- Honorable Commissioner Litha Musyimi Ogana, Chairperson of the Working Group on Indigenous Populations/Communities and Minorities in Africa;
- Honorable Commissioner Selma Sassi Safer, Special Rapporteur on Refugees, Asylum Seekers, Internally Displaced Persons and Migrant in Africa;
Done virtually, on August 02, 2024
