The African Commission on Human and Peoples’ Rights (the Commission), meeting at its 81st Ordinary Session held in Banjul, Gambia, from 17 October to 6 November 2024;
Bearing in mind the ACHPR mandate to promote and protect human and peoples’ rights and to interpret and uphold the African Charter on Human and People’s Rights (the Charter);
Recalling the preamble of the Charter invoking States' duty “to eliminate colonialism, neo-colonialism, apartheid, Zionism and to dismantle aggressive foreign military bases and all forms of discrimination;”
Further recalling Article 60 of the Charter’s which mandates the Commission to “draw inspiration from international law on human and peoples' rights, particularly …. other instruments adopted by the United Nations and by African countries in the field of human and peoples' rights as well as from the provisions of various instruments adopted within the Specialized Agencies of the United Nations of which the parties to the present Charter are members;”
Considering its Resolution on the Situation in Palestine and the Occupied Territories of 6 November 2000 which “Condemn strongly the repression and the inconsiderate and disproportionate use of force by the army of Israel in Palestine and in the occupied territories”;
Recalling the Commission’s Press Releases of 30 October 2023 and 3rd June 2024 on the humanitarian situation in Gaza and its inevitable negative repercussions on the African continent, including: the existence of citizens of several State Parties to the Charter, among the victims in Gaza, including women and children and the elderly, the threat of expulsion of the Palestinian population in Gaza to the Arab Republic of Egypt and the blockage of humanitarian aid coming from Egypt and the Commission’s call to uphold the importance of the fundamental principles of international human rights law, international humanitarian law and international refugee law;
Noting the conclusion of the International Court of Justice in its Advisory Opinion on the Legal Consequences arising from the Policies and Practices of Israel in the Occupied Palestinian Territory (oPt), including East Jerusalem of 19 July 2024 and noting the interventions and submissions of the African Union and Member States in this matter;
Recalling the International Court of Justice's order of provisional measures in South Africa’s case invoking the Genocide Convention, which crime constitutes a serious violation of a peremptory norm (jus cogens) of international law;
Reaffirming the Declaration on the Situation in Palestine and the Middle East adopted by the African Union’s Assembly of Heads of State and Government at its Summit in 2024 in Addis Ababa, Ethiopia ((Assembly/AU/Decl.4(XXXV)); Recalling the resolution adopted by the 2022 AU Summit, calling on Member States to “end all forms of direct and indirect interaction and business with the illegal Israeli colonial and apartheid regime in the territory of the State of Palestine occupied in 1967, including East Jerusalem”, and to take “all necessary measures to end such interaction”;
Recalling UN Human Rights Council Resolution A/HRC/55/28 and UN General Assembly resolution A/RES/ES-10/24 which reminded States of their duty to “fulfill their /obligations under articles 146, 147 and 148 of the Fourth Geneva Convention with regard to penal sanctions, grave breaches and the responsibilities of the High Contracting Parties”;
Mindful of the initiative launched by the African members of the UN Security Council to demand an immediate ceasefire in Gaza leading to a lasting sustainable ceasefire.
Concerned by Israel’s continuing to refuse humanitarian aid access to the Gaza Strip including through the bordering Arab Republic of Egypt, a state party to the Charter.
Concerned also by reports of abuse and mistreatment of African workers, including the arrest of 12 Malawian farm workers by the Israeli authorities for allegedly ‘leaving their place of work’ to find work elsewhere, as well as serious violations of human and labour rights and conditions amounting to indentured labour;
Alarmed by the situation in Palestine and the United Nations' reports of systematic and ongoing violations of international human rights law, including the human rights of women and children, by Israel;
Alarmed by Israel's noncompliance with the provisional measures ordered by the ICJ; and mindful that the State of Palestine has observer status with the African Union,
The Commission:
1. Reaffirms its full support for the right of self-determination of the Palestinian people within the framework of a two-state solution;
2. Condemns Israel’s ongoing massacre in Gaza, apartheid, illegal occupation of Palestinian territory, and all associated policies and practices, including East Jerusalem and Gaza Strip;
3. Calls upon States Parties to act on their responsibility to prevent genocide and not to aid and abet the commission of crimes against humanity, including apartheid
4. Calls on all Member States to explore, promote, and support UN mechanisms to end violations of international law and to hold Israel accountable.
Done in Banjul, The Gambia, on 6 November 2024.
