ACHPR/Res.

Author
Mary Falconer
Judgment date
Court name
African Commission on Human and Peoples Rights
Flynote local
Resolution
Flynote
Human Rights
ACHPR Procedures
Periodic reporting
Periodic reporting deadlines
Women
Displaced persons

La Commission Africaine des Droits de l'Homme et des Peuples, réunie en sa 70e  Session Ordinaire, tenue virtuellement, du 23 février au 09 mars 2022:

Rappelant son mandat de promotion et de protection des droits de l'Homme en Afrique, en vertu de la Charte Africaine des Droits de l'Homme et des Peuples (la Charte Africaine);

Rappelant également l'Article 45(1) (b) de la Charte Africaine qui donne mandat à la Commission de " Formuler et élaborer, en vue de servir de base à l'adoption de textes législatifs par les gouvernements africains, des principes et règles qui permettent de résoudre les problèmes juridiques relatifs à la jouissance des droits de l'Homme et des peuples et des libertés fondamentales";

Considérant l'Article 62 de la Charte africaine qui prévoit que " Chaque Etat partie s'engage à présenter tous les deux ans, à compter de la date d'entrée en vigueur de la présente Charte, un rapport sur les mesures d'ordre législatif ou autre, prises en vue de donner effet aux droits et libertés reconnus et garantis dans la présente Charte" ;

Considérant également l'Article 26 du Protocole à la Charte Africaine des Droits de l'Homme et des Peuples relatif aux Droits de la Femme en Afrique (Protocole de Maputo), qui prévoit que " Les États assurent la mise en œuvre du présent protocole au niveau national et incorporent dans leurs rapports périodiques présentés conformément aux termes de l’Article 62 de la Charte africaine, des indications sur les mesures législatives ou autres qu’ils ont prises pour la pleine réalisation des droits reconnus dans le présent protocole" ;

Considérant l'Article 14 de la Convention de l'Union Africaine sur la Protection et l'Assistance aux Personnes Déplacées en Afrique (Convention de Kampala), qui dispose que " Les États parties, en présentant leur rapport conformément à l’Article 62 de la Charte africaine des droits de l’homme et des peuples […] indiquent les mesures législatives et autres qu’ils ont prises pour donner effet à la présente Convention " ;

Ayant à l'esprit la Règle 83(1) du Règlement Intérieur 2020 de la Commission Africaine des Droits de l'Homme et des Peuples, qui prévoit que : " La date de la présentation du prochain Rapport périodique de l’État partie doit être précisée dans les Observations Finales ";

Ayant également à l'esprit sa Recommandation ACHPR/Recom.3 (III) 88 sur les Rapports Périodiques (Recommandation N°3 d'avril 1988) ;

Rappelant sa Résolution ACHPR/Res. 108(XXXXI)07 réitérant l'importance du respect des obligations de présentation de rapports en vertu de la Charte Africaine ;

Rappelant également sa décision adoptée en novembre 1995 dans laquelle il a été recommandé aux Etats Parties de regrouper plusieurs rapports en retard en un seul rapport en vue de faciliter le respect de l'obligation de présenter des rapports ;

Rappelant également les différentes décisions du Conseil Exécutif qui demandent aux Etats Parties de soumettre leurs rapports périodiques conformément à l'Article 62 de la Charte Africaine, à l'Article 26 du Protocole de Maputo et à l'Article 14 de la Convention de Kampala ;

Reconnaissant l'absence de directives pour la détermination des cycles de présentation des rapports périodiques et reconnaissant aussi qu'une certaine confusion peut en résulter, notamment en ce qui concerne le décompte des rapports dus par les Etats.

La Commission :

1. Décide d'adopter ce qui suit :

i. Un cycle de rapport périodique commence automatiquement avec la notification des Observations Finales sur le rapport périodique précédent. Le cycle comprend la soumission du nouveau rapport périodique, son examen et se termine par l'adoption des Observations Finales y afférentes ;

ii. La date d'échéance du prochain rapport périodique sera communiquée aux Etats parties avec les Observations Finales relatives au rapport précédent : La date d’échéance correspondra à la date de notification des Observations Finales plus deux ans (date d'échéance = date de notification + deux ans) ;

iii. Si l'Etat partie ne soumet pas son rapport périodique en temps voulu, la Commission comptera un rapport dû par tranche de deux ans de retard ;

2. Appelle les États parties à redoubler d'efforts pour se conformer à l'obligation de soumettre des rapports périodiques, en bonne et due forme, conformément à l'Article 62 de la Charte africaine, à l'Article 26 du Protocole de Maputo, à l'Article 14 de la Convention de Kampala et aux autres normes pertinentes.

Fait virtuellement le 09 mars 2022

Author
Mary Falconer
Judgment date
Court name
African Commission on Human and Peoples Rights
Flynote local
Resolution
Flynote
Human Rights
Peace
Security of the person
Coup d'état
Excessive use of force
Protests and demonstrations
Express and disseminate opinion
Movement and residence
Life

The African Commission on Human and Peoples’ Rights (the Commission), meeting at its 70th Ordinary Session held virtually from 23 February to 9 March 2022

Recalling its mandate of promotion and protection of human and peoples’ rights in Africa, pursuant to Article 45 of the African Charter on Human and Peoples’ Rights (the African Charter);

Recalling the relevant provisions of Decisions AHG/Dec.141 (XXXV) and AHG/Dec.142 (XXXV) on Unconstitutional Changes of Government, adopted by the 35th Ordinary Session of the Assembly of Heads of State and Government, held in Algiers, Algeria, from 12 to 14 July 1999, and Declaration AHG/Decl.5 (XXXVI) on the Framework for an OAU Response to Unconstitutional Changes of Government, adopted by the 36th Ordinary Session of the Assembly of Heads of State and Government, held in Lomé, Togo, from 10 to 12 July 2000;

Bearing in mind the obligations of the Republic of the Sudan as a Member State of the African Union (AU), and as a State Party to the African Charter and the African Charter on Democracy, Elections and Governance (African Charter on Democracy);

Also bearing in mind Article 23 of the African Charter, which guarantees the right of all peoples to national and international peace and security;

Recalling its previous Resolutions on the human rights situation in the Republic of Sudan, notably Resolutions ACHPR / Res. 444 (LXVI) 2020 and ACHPR / Res. 510 (LXIX) 2021;

Recalling its Press Release of 27 October 2021 on the coup d’état which took place on 25 October 2021 in the Republic of Sudan and its Press Release of 26 November 2021 on the deterioration of the human rights situation in the Republic of Sudan following the coup d’état of 25 October 2021;

Further recalling Communiqué PSC/PR/COMM.1041(2021) of the Peace and Security Council of the African Union adopted at its 1041st meeting held on 26 October 2021, in which the Council suspends the participation of Sudan in all activities of the African Union, following the take-over of power by the Military;

Taking note of the United Nations Security Council Press Statement (SC/14678) of 28 October 2021 on the situation in Sudan, and Resolution (A/HRC/S-32/L.1) of 5 November 2021 adopted by the 32nd Special Session of the UN Human Rights Council on the situation in Sudan;

Deploring the failure of the Agreement signed on 21 November 2021 between the Prime Minister previously deposed by the coup d’état and the Army, reinstating him in office; and further noting that this failure culminated in the resignation on 2 January 2022 of Prime Minister Abdallah Hamdok as he was unable to form a civilian Government and as a result of the serious disagreements which exist between the parties on the remainder of the transitional process;

Concerned about the lack of a clear framework for the transition launched in August 2019 and the absence of a basic agreement between the stakeholders, notably between the Army and political actors as well as civil society;

Noting that almost daily demonstrations are held in Sudan challenging the coup d’état of 25 October 2021 and any resulting militarised power;

Concerned about reports of the continued and excessive use of force by the security services, including the military, which has so far resulted in at least 82 deaths and several serious injuries among protesters;

Also concerned about credible reports of numerous cases of cruel, inhuman and degrading treatment of at least 400 political and other detainees languishing in detention facilities in Sudan;

Noting that arbitrary arrests, repression and an atmosphere of terror seem to be taking place unbeknown to the relevant observers, as there are restrictions on the use of information and communication means;

Concerned that this situation results in the continued and serious violation of virtually all human rights protected by the Charter and all other fundamental human rights instruments to which Sudan is a party; in particular, violations of the right to life, respect for the inherent dignity of the person, the right to liberty and security, the right to freedom of movement, the right to information including the right to express and disseminate one’s opinions, freedom of assembly, the right to property, the right to education, the right to health and others;

Noting the various initiatives of the International Community to help resolve this major socio-political crisis with disastrous consequences on the human rights of the Sudanese people, in particular that of the Chairperson of the African Union Commission who paid a working visit to Sudan on 12 February 2022;

Reaffirming its commitment to the promotion of democracy in Africa and recognising that good governance, transparency and respect for human rights constitute essential principles which contribute to peace and development in Africa; and in conformity with the African Charter on Democracy, Elections and Governance;

Also reaffirming all human rights guaranteed by the Charter, including in particular those protected under Articles 4, 5, 6, 9 and 11 of the African Charter, which guarantee the right to life, respect for the dignity inherent in a human being, the right to freedom and security, the right to freedom of movement, the right to information including the right to express and disseminate one’s opinions, and the right to the freedom of assembly;

The Commission reiterates:

i. Its condemnation of the coup d’état of 25 October 2021, that overthrew the transitional Government headed by Prime Minister Dr Abdallah Hamdok, the suspension of the transitional institutions and the imposition of a state of emergency in violation of the 2019 Constitutional Declaration of Sudan and the 2020 Juba Peace Accords;

ii. Its condemnation of the deterioration of the socio-political situation in Sudan;

iii. Its condemnation of  the persistent human and fundamental rights violations perpetrated by the Army since the coup d’état of 25 October 2021, in particular the use of violence to muzzle public protests, which led to the death and injury of dozens of demonstrators, the torture and cruel and inhuman treatment of political detainees, sexual violence, the removal from office of public servants for political reasons, the blocking of the internet and the closure of newspapers and television stations;

iv. Its condemnation of the arbitrary arrest and secret detention by the Sudanese Army of hundreds of politicians and pro-democracy activists, including members of the Cabinet, senior national and regional public servants appointed by the transitional Government and leaders of resistance Committees, and calls on the Sudanese Army to immediately and unconditionally release all individuals arbitrarily detained since 25 October 2021;

v. Its call for Sudanese Authorities to respect the right to life, to freedom of expression, of association and peaceful assembly of the populations, and to guarantee the individual safety and security of journalists while fully removing all restrictions on access to the internet and information platforms, thereby enabling the Sudanese population to freely receive and circulate information;

vi. Its call for investigations into all cases of human rights violations that have occurred or are ongoing since the coup d’état of 25 October 2021 and guarantee the payment of compensation to the victims, while ensuring that there is no impunity for these acts;

vii. Its call for the Sudanese Parties to restore constitutional order and, in particular, protect the rights of the Sudanese people pursuant to Sudan’s national and international human rights obligations;

viii. Its call for the International Community, in particular the African Union, the Intergovernmental Authority on Development (IGAD), and the United Nations, to pursue their efforts for a return to stability in Sudan so as to guard against plunging the Horn of Africa into a situation of high insecurity

Done virtually on 9 March 2022

Author
Mary Falconer
Judgment date
Court name
African Commission on Human and Peoples Rights
Flynote local
Resolution
Flynote
Human Rights
Governance
Rule of law
Peace
Coup d'état

The African Commission on Human and Peoples’ Rights (the Commission), meeting at its 70th Ordinary Session held virtually from 23 February to 9 March 2022;

Recalling its mandate of promotion and protection of human and peoples’ rights in Africa, pursuant to Article 45 of the African Charter on Human and Peoples’ Rights (the African Charter);

Considering Article 3(f) and (h) of the Constitutive Act of the African Union(the Constitutive Act), which states that the objectives of the African Union (AU) are to promote peace, security and stability on the continent, as well as human and peoples’ rights in accordance with the African Charter and other relevant human rights instruments;

Considering Article 4(m) and (p) of the Constitutive Act which sets out as fundamental principles, respect for democratic rules, human rights, the rule of law and good governance; and the condemnation and rejection of unconstitutional changes of government;

Considering also Article 30 of the Constitutive Act which provides that governments which come to power through unconstitutional means shall not be allowed to participate in the activities of the Union;

Recalling Article 1 of the African Charter which calls on Member States to adopt legislative or other measures to give effect to the rights and freedoms enshrined therein;

Emphasising the provisions of the African Charter on Democracy, Elections and Governance (the African Charter on Democracy), in particular, Articles 2, 3, 5, 23, 24, 25 and 26;

Noting Articles 1 ,2 , 3, 6, 7, 9 and 45 of the ECOWAS Protocol on Democracy and Good Governance, supplementary to the Protocol relating to the Mechanism for Conflict Prevention, Resolution, Peacekeeping and Security;

Noting also Aspirations 4 and 6 of Agenda 2063 which aims for a peaceful and secure Africa as well as an Africa whose development is people-driven, relying on the potential of African people, especially its women and youth, and caring for children ;

Recalling the relevant provisions of the Algiers Declaration AHG/Dec. 142 (XXXV) of July 1999 on Unconstitutional Changes of Government, the Lomé Declaration AHG/Decl.5 (XXXVI) of July 2000 on the Framework for an OAU Response to Unconstitutional Changes of Government, and the 2003 Protocol Relating to the Establishment of the Peace and Security Council of the African Union;

Recalling also the principles stipulated in its Resolution ACHPR/Res.213 (LI) 2012 on Unconstitutional Changes of Government of 2 May 2012, which condemns attempts at instituting autocratic regimes and unconstitutional changes of government on the continent, acts which it considers to be a serious threat to stability, peace, security and development;

Concerned seriously about the resurgence of unconstitutional changes of government in Africa through military takeovers, the extension of mandates through the adoption of amendments to Constitutions, the failure of incumbents to relinquish power after losing free and fair elections; a situation which has a negative impact on stability, sustainable democracy and the socio-economic development of the continent;

Deploring the recent military takeovers in Mali, Guinea-Conakry, Burkina Faso, The Sudan and the attempted coup d’état in Guinea-Bissau, some of which resulted in the loss of lives, in violation of democratic principles and rule of law;

Echoing the strong condemnation of these unconstitutional acts by the African Union (AU), Regional Economic Communities (RECs), Regional Mechanisms (ReMs) and the International Community;

Conscious of the need to remind African States of their obligations under international law to respect democratic principles, human rights, the rule of law and good governance, and to promote peace, security, stability and development in Africa;

Recalling that the seizure of power by force by any civilian or military group is contrary to the provisions of Articles 13 (1) and 20 (1) of the African Charter;

The Commission:

1. Reiterates its condemnation of the recent military takeovers and other forms of unconstitutional changes of government in Africa;

2. Calls on the AU, RECs, ReMs and the International Community to pursue constructive dialogue with the countries concerned, with a view to ensuring a rapid return to constitutional order;

3. Urges the AU Peace and Security Council to play a central role, working with the RECs, ReMs and the States concerned to ensure a swift resolution of the crises as mandated by its Constitutive Act;

4. Urges the AU Peace and Security Council and AU Member States to implement the relevant provisions and principles enshrined in the African Charter on Democracy and the Lome Declaration which inter alia prohibits the extension of mandates through the adoption of amendments to Constitutions, and the failure of incumbents to relinquish power after losing free and fair elections;

5. Calls on the AU, RECs and ReMs to adopt measures that would effectively address the root causes and triggers leading to unconstitutional changes of government in Africa, with a view to building a culture of respect for human rights, rule of law and ensuring coherent implementation of democratic governance in Africa, in accordance with the relevant treaties, instruments and mechanisms as envisaged in Agenda 2063;

6. Calls on the AU to strengthen the capacity of the AU Peace and Security Council to address the scourge of conflicts including unconstitutional changes of government; enhance its early warning systems, as well as undertake regular and effective conflict prevention measures in collaboration with RECs and ReMs;

7. Urges all African States to respect and comply with the provisions of the African Charter on Human and Peoples’ Rights, the African Charter on Democracy, Elections and Good Governance, the Constitutive Act of the AU and other relevant regional and international instruments;

8. Calls on Member States of the AU that have not yet done so to ratify, domesticate and implement the African Charter on Democracy, Elections and Good Governance;

9. Encourages States to put the era of unconstitutional changes of government behind them in order to ensure progress and development, and foster a climate in which human rights values can flourish;

10. Calls on National Human Rights Institutions, civil society organisations and other stakeholders to intensify their advocacy and other activities at the national, regional and continental levels, with a view to promoting a culture of respect for human rights and rule of law as well as ensuring coherent implementation of democratic governance in Africa and the accountability of duty bearers.

                Done on 9 March 2022

Author
Mary Falconer
Judgment date
Court name
African Commission on Human and Peoples Rights
Flynote local
Resolution
Flynote
Human Rights
Food security
Health
Socio-economic development
Covid-19

The African Commission on Human and Peoples' Rights (the Commission), meeting at its 70th Ordinary Session, held virtually from 23 February to 9 March 2022:

Recalling its mandate to promote and protect human and peoples’ rights under the African Charter on Human and Peoples’ Rights (the African Charter);

Recalling Economic, Social and Cultural Rights enshrined in Articles 14, 15, 16, 17, 18, 21 and 22 of the African Charter;

Recalling further the Commission’s Resolution ACHPR/Res. 374 (LX) 2017, on the Right to Food and Food Insecurity in Africa; Resolution ACHPR/Res.431 (LXV) 2019, on the Right to Food and Nutrition in Africa; and the United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas of 2018;

Considering Executive Council decision EX.CL/1266(XXXVIII) adopted at its 38th Ordinary Session, declaring 2022 “the Year of Nutrition” with the theme “Building Resilience in Nutrition across the African Continent in 2022” to provide an opportunity to secure greater continental commitment and investment to end malnutrition in all forms;

Noting that the 2022 Year of Nutrition will provide an opportunity to take stock of the progress of implementation of the Regional Nutrition Strategy 2015-2025; AU Agenda 2063 and various sectorial strategies in relation to nutrition in particular, the Detailed Program for the Development of African Agriculture (CAADP) 2015-2025; 

Considering Article 14 of the African Charter on the Rights and Welfare of the Child which requires States to ensure the provision of adequate nutrition and combat disease and malnutrition within the framework of primary healthcare through the application of appropriate technology for children;

Acknowledging the commitment by African Union (AU) Member States, Regional Economic Communities(RECs), the United Nations Food and Agriculture Organisation (FAO), Scaling up Nutrition Movement, Inter Parliamentary Union and other stakeholders, to strengthen the development of food and nutrition programming, policy and advocacy;

Cognizant  that food  insecurity  is  a  first  and  overarching  result  of  protracted crises, natural disasters, climate-related shocks, and conflicts; and in many African countries,  land  and  water  grabbing  and the privatization of natural resources result in forced evictions,  mass  displacement,  food  insecurity,  and  human  rights  abuses;

Concerned that malnutrition in all its forms hampers the development of individuals, communities and nations across Africa and worldwide; and that undernutrition is the main underlying cause of nearly half of all child deaths;

Concerned that some parts of Africa are burdened with a high prevalence of undernourishment due to de facto increasing delay in the socio-economic development and at the same time, obesity and non-communicable diseases linked to the quality of diet are increasing, thus worsening mortality and morbidity rates; and

Further concerned that the global health crisis of COVID-19 Pandemic has greatly exposed the economic vulnerability of African countries, as well as the weakness of the health and food systems, and the price to pay in keeping the virus at bay has been in many African countries at the expense of gains made in reducing malnutrition.

The Commission calls on States Parties to:

i. strengthen continental commitment and build resilience in nutrition to end malnutrition in all its forms;

ii. integrate nutrition  into all relevant sectors and plans by taking appropriate policy, institutional and legislative measures to ensure the full enjoyment of the right to food;

iii. strengthen health systems and scale up high impacted nutrition interventions in food and nutrition programming, policies, initiatives and advocacy; and monitor its implementation for improved nutrition and food systems on the continent;

iv. ensure that sanitation and drinking water supply systems, social protection systems and education are part of a broader multi-sectoral approach in resolving malnutrition in all its forms;

v. adopt an inclusive  approach in tackling malnutrition and ensure good health and nutrition for pregnant and breastfeeding women, children; adolescents; and prisoners as well as apply national standards for breastfeeding, processed foods, school meals, prison meals and food aid programmes, for more nutritious and healthy food;

vi. design  policy  responses  and  interventions in situations of protracted crisis, conflicts and natural disasters to protect vulnerable, disadvantaged and marginalised groups, to realise their right to food and nutrition;

vii. increase the allocations of national resources focused on the nutritional wellbeing of populations, including the most vulnerable groups;

viii. encourage and strengthen the implementation of national food and nutrition guidelines, supported by FAO and World Health Organization (WHO) to inform the public through awareness campaigns on nutrition and food regulations.

Done virtually, on 9 March 2022

Author
Mary Falconer
Judgment date
Court name
African Commission on Human and Peoples Rights
Flynote local
Resolution
Flynote
Human Rights
Displaced persons
Refugees
Asylum and refuge
Security of the person
Violence

The African Commission on Human and Peoples’ Rights (the Commission), meeting at its 70th Ordinary Session held virtually from 23 February to 9 March 2022;

Recalling its mandate of promotion and protection of human and peoples’ rights in Africa, pursuant to Article 45 of the African Charter on Human and Peoples’ Rights (the African Charter);

Considering Article 3(f) of the Constitutive Act and Article 3(f) of the Protocol Relating to the Establishment of the Peace and Security Council of the African Union, which recommend the promotion of peace, security and stability as well as the encouragement of democratic practices, good governance and the rule of law, the protection of human rights and fundamental freedoms, respect for the sanctity of human life and international humanitarian law, as part of efforts for preventing conflicts;

Also considering Article 23 of the African Charter which guarantees peace and security for all Africans;

Emphasising its Resolutions ACHPR/RES. 332 (EXT.OS/XIX) 2016 on human rights in conflict situations, ACHPR/Res.369(LX) 2017 on the situation of internally displaced persons in Africa, ACHPR/Res.470 (LXVII) 2020 on the protection of refugees, asylum seekers, internally displaced persons and migrants in the fight against the COVID-19 pandemic in Africa, ACHPR/Res.484 (EXT.OS/XXXIII) 2021 on the respect for the principle of non-refoulement of asylum seekers and refugees, and UN Security Council Resolution 1674 (2006) which reaffirms the need to maintain the security and civilian character of camps and stresses the primary responsibility of States in this regard;

Bearing in mind its Press Release of 5 December 2021 on the killings of internally displaced persons in the eastern region of the Democratic Republic of Congo;

Recalling the implementation commitments from the 1st Meeting of the Conference of States Parties to the 2009 African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa (Kampala Convention) held in Harare, Zimbabwe, in April 2017;

Further recalling the provisions of the UN Guiding Principles on Internal Displacement;

Considering the commitment of States Parties in the preamble of the Kampala Convention to provide durable solutions to situations of internally displaced persons by establishing an appropriate legal framework for their protection and assistance, and to adopt measures aimed at preventing and putting an end to internal displacements by eradicating the root causes, especially those caused by natural disasters;

Deeply concerned about the sharp increase in violence in sub-Saharan Africa, the continuation of fighting in the eastern part of the Democratic Republic of Congo and the Tigray region in the Federal Democratic Republic of Ethiopia, resulting in increased vulnerability of internally displaced persons (IDPs), loss of life, as well as the double displacement imposed on IDPs seeking safety due to unacceptable attacks on camps in various countries including the Democratic Republic of Congo, Burkina Faso, Niger, Mali and the Federal Democratic Republic of Ethiopia;

Deploring the lack of protection by States at IDP camps and sites;

Recalling the need to meet the requirements of internally displaced persons who generally lack the resources to survive the multiple displacements they have to endure;

Bearing in mind the role of the Commission under Article 45, paragraph 1(a) of the African Charter, which authorises it to “(…) give its views or make recommendations to Governments”;

The Commission:

1. Condemns the multiples  attacks on IDP camps and sites; 

2. Calls on the various actors to respect the civilian and humanitarian character of IDP camps and sites;

3. Calls on States to effectively conduct investigations in order to prosecute and convict the perpetrators and thereby contribute to strengthening the system for combating impunity and ensuring equal justice for all;

4. Reminds States of their treaty obligations and the commitments they have made by embracing the standards and policies of the African Union relating to the protection of asylum seekers, refugees and migrants on the continent, in particular the 1969 OAU Convention Governing the Specific Aspects of Refugee Problems in Africa and the Kampala Convention;

5. Calls on States that have ratified the Kampala Convention to establish or strengthen early warning mechanisms to support risk prevention and protection, including those relating to attacks on civilians at IDP sites;

6. Urges the African Union to engage in the resolution of the various conflicts which exacerbate forced internal displacement, in particular by restoring the security and presence of the State on sites where displaced persons are hosted, and to protect their rights against all kinds of violations;

7. Calls on States to:

i. ensure that sites for displaced persons are located away from conflict zones and to give priority to stable and secure areas;

ii. to empower national camp coordination and management mechanisms so as to effectively ensure the security of displaced persons;

8. Calls on humanitarian agencies to increase their involvement in the coordination  with nationals actors in the management and protection of sites hosting IDPs in order to secure the sites and provide stability to the displaced populations.

Done on 9 March 2022

Author
Mary Falconer
Judgment date
Court name
African Commission on Human and Peoples Rights
Flynote local
Resolution
Flynote
ACHPR Procedures
Fact-finding mission
Commission of inquiry

The African Commission on Human and Peoples' Rights (the Commission), meeting at its 70th    Ordinary Session, held virtually from 23 February to 9 March 2022:

Recalling Resolution ACHPR/Res. 482 (EXT.OS/XXXII) 2021 on the Fact-Finding Mission to the Tigray Region of the Federal Democratic Republic of Ethiopia and Resolutions ACHPR/Res. 487 (EXT.OS/XXXIV) 2021 and ACHPR/Res. 494 (LXIX) 2021, on the Renewal of the Mandate of the Commission of Inquiry on the Situation in the Tigray Region of the Federal Democratic Republic of Ethiopia (Commission of Inquiry);

Noting the work carried out thus far by the Commission of Inquiry and the need to conclude its work; and

Considering the expiry of the mandate of the Commission of Inquiry on 12 February 2022.

The Commission decides to:

i. extend the mandate of the Commission of Inquiry for a further period of three (3) months, effective from 12 February 2022, and to this end, validates all actions of the Commission of Inquiry taken in between and up to the date of the present resolution; and

ii. amend the effective date of the extension of the mandate of the Commission of Inquiry in Resolution ACHPR/Res. 494 (LXIX) 2021, on the Renewal of the Mandate of the Commission of Inquiry on the Situation in the Tigray Region of the Federal Democratic Republic of Ethiopia to read as follows:

“Considering the expiry of the mandate of the Commission of Inquiry on 12   November 2021:

“The Commission decides to extend the mandate of the Commission of Inquiry for a further period of three (3) months, effective from 12 November 2021, and to this end, validates all actions of the Commission of Inquiry taken in between and up to the date of the present resolution”.

Done virtually, on 9 March 2022

Author
Mary Falconer
Judgment date
Court name
African Commission on Human and Peoples Rights
Flynote local
Resolution
Flynote
Human Rights
Extrajudicial killings
Torture cruel inhuman or degrading treatment
Harmful practices affecting the rights of children
Life
Harmful practices affecting the rights of women

The African Commission on Human and Peoples' Rights (African Commission) meeting at its 69th Ordinary Session held virtually from 15 November to 5 December 2021;

Recalling its mandate to promote and protect human and peoples' rights in Africa under Article 45 of the African Charter on Human and Peoples' Rights (African Charter);

Further Recalling its previous press statements published since its promotional Mission to Cameroon from 1 to 7 February 2011, asking all parties to hold a constructive and inclusive dialogue to end human rights violations in the country, as well as independent and impartial investigations on the alleged human rights violations including extra judicial killings; enforced disappearances; cruel, inhuman and degrading treatment, and  also requesting a general mission of promotion of human rights ;

Further Recalling the relevant provisions of the African Charter on Human and Peoples' Rights (the African Charter) concerning the protection of the right to life, respect for human dignity, prevention of torture, prevention of extrajudicial and arbitrary executions, and protection of children’s rights;

Conscious of the relevant provisions of the African Charter on the Rights and Welfare of the Child on ensuring the survival, protection and development of the child, protection and care of children affected by armed conflict, protection and special assistance for children deprived of their family environment;

Recalling Resolution ACHPR/Res. 395 (LXII) 2018 on the Human Rights Situation in Cameroon; and ResolutionACHPR/Res. 405 (LXIII) 2018 on the Continuing Human Rights Violations in the Republic of Cameroon adopted at its62nd Ordinary Session and 63rd Ordinary Session respectively;

Deeply concerned about the deteriorating human rights situation in the country, in particular, about allegations of unlawful or arbitrary killings, including extrajudicial killings; beatings, harassment, especially reports received about killing of children in schools in the English-speaking regions of Cameroon, as well as killing of women;

Bearing in mind the Commission's role under Article 45, paragraph 1 (b) of the African Charter, which requires that "principles and rules are formulated and established to resolve legal problems affecting the enjoyment of human and peoples' rights and fundamental freedoms on which African governments can base their legislation;"

Also bearing in mind Cameroon’s obligations under the African Charter; the Protocol to the African Charter on the Rights of Women in Africa (the Maputo Protocol); the African Charter on the Rights and Welfare of the Child and all other human rights instruments the State has ratified;

The Commission:

1.   Reiterates its Condemnation to all forms of violations of rights to which civilians, in particular women and children have been directly or indirectly subjected in the context of the current crises in the Anglophone regions Cameroon;

2.   Encourages the Government to work towards a more peaceful solution to the ongoing crises in order to protect the lives of the civilian population and restore unity and peace to the country;

3.   Calls on the Government to undertake institutional reforms to remedy  what has been dubbed as the Anglophone problem, as well as engage in Dialogue with various actors with the objective of a lasting resolution to the problem;

4.   Calls on the Government to ensure respect for its international obligations under the African Charter; the Maputo Protocol; the African Charter on the Rights and Welfare of the Child and other human rights instruments the State is party to;

5.   While recognizing steps taken by the Government to identify, investigate, prosecute, and punish officials who committed human rights abuses, including the establishment of a Commission of Inquiry into some of the killings; a National Commission for Bilingualism and Multiculturalism; recruitment of more Anglophone magistrates and bilingual teachers; calls on the Government to authorize a Fact-finding Mission into the country, to enable the Commission ascertain the violations alleged.

Done virtually, on 5 December 2021.

Author
Mary Falconer
Judgment date
Court name
African Commission on Human and Peoples Rights
Flynote local
Resolution
Flynote
Armed conflict
Human Rights
Assembly
Police action
Express and disseminate opinion
Coup d'état

The African Commission on Human and Peoples' Rights (the Commission), meeting at its 69th Ordinary Session, held virtually from 15 November to 5 December 2021;

Recalling its mandate of promotion and protection of human and peoples’ rights in Africa pursuant to Article 45 of the African Charter on Human and Peoples’ Rights (African Charter);

Bearing in mind Article 23 of the African Charter, which guarantees the right of all peoples to national and international peace and security;

Recalling its previous resolutions on the human rights situation in the Republic of Sudan, in particular Resolutions ACHPR/Res. 444 (LXVI) 2020, ACHPR/Res. 413 (EXT.OS/XXV) 2019 and ACHPR/Res. 421 (LXIV) 2019 as well as its recent Press Release dated 27 October 2021 following the coup d’état which took place on 25 October 2021 in the Republic of Sudan;

Further recalling Communiqué PSC/PR/COMM.1041(2021) of the Peace and Security Council of the African Union adopted at its 1041th meeting held on 26 October 2021, in which the Council suspends the participation of Sudan in all activities of the African Union, following the take-over of power by the Military;

Taking note of the United Nations Security Council Press Statement (SC/14678) of 28 October 2021 on the situation in Sudan, and Resolution (A/HRC/S-32/L.1) of 5 November 2021 adopted by the 32nd Special Session of the United Nations Human Rights Council on the situation in Sudan;

Noting that an Agreement was signed on 21 October 2021 between the Prime Minister previously deposed by the coup d’état and the Army, reinstating him in office; and further noting that this Agreement was not unanimously accepted by the population which continues to protest against the coup d’état;

Concerned about reports of excessive use of force by State Security Officers against peaceful demonstrators in various regions of the country and the denial of the population’s right to information and freedom of expression in particular by cutting off access to the Internet;

Gravely concerned by the serious violations of all human rights protected by the Charter and all other fundamental human rights instruments to which Sudan is a party; in particular violations of the right to life with dozens of deaths recorded following the brutal repression by the security forces of peaceful demonstrators;

Reaffirming its commitment to the promotion of democracy in Africa and recognising that good governance, transparency and respect for human rights constitute essential principles which contribute to peace and development in Africa; and in conformity with the African Charter on Democracy, Elections and Governance;

Also reaffirming all human rights guaranteed by the Charter, including in particular those protected under Articles 4, 5, 6, 9 and 11 of the African Charter, which guarantee the right to life, respect for the dignity inherent in a human being, the right to freedom and security, the right to freedom of movement, the right to information, including the right to express and disseminate one’s opinions, and the right to the freedom of assembly;

The Commission:

1.   Condemns the coup d’état of 25 October 2021, that overthrew the transitional Government headed by Prime Minister Dr Abdallah Hamdok, the suspension of the transitional institutions and the imposition of a state of emergency in violation of the 2019 Constitutional Declaration of Sudan and the 2020 Juba Peace Accords;

2.   Condemns the deterioration of the socio-political situation in Sudan ;

3.   Condemns the persistent human and fundamental rights violations perpetrated by the Army since the coup d’état of 25 October 2021, in particular the use of violence to muzzle public protests, which led to the death and injury of dozens of demonstrators, the torture and cruel and inhuman treatment of political detainees, the removal from office of public servants for political reasons, the blocking of the internet and the closure of newspapers and television stations;

4.   Condemns the arbitrary arrests and secret detention by the Sudanese Army of hundreds of politicians and pro-democracy activists, including members of the Cabinet, senior national and regional public servants appointed by the transitional Government and leaders of resistance Committees, and calls on the Sudanese Army to immediately and unconditionally release all individuals arbitrarily detained since 25 October 2021;

5.   Calls on the Sudanese Authorities to respect the right to life, to freedom of expression, of association and peaceful assembly of the populations, to guarantee the individual safety and security of journalists while fully removing all restrictions on access to the internet and information platforms, thereby enabling the Sudanese population to freely receive and circulate information;

6.   Calls for investigations into all cases of human rights violations that have occurred or are ongoing since the coup d’état of 25 October 2021 and guarantee the payment of compensation to the victims, while ensuring that there is no impunity for these acts;

7.   Calls on the Sudanese Parties to restore constitutional order and, in particular, protect the rights of the Sudanese people pursuant to Sudan’s national and international human rights obligations;

8.   Calls on the International Community, in particular the African Union, IGAD, and the United Nations, to pursue their efforts for a return to stability in Sudan so as to guard against plunging the Horn of Africa into a situation of high insecurity.

Done virtually, on 5 December 2021

Author
Mary Falconer
Judgment date
Court name
African Commission on Human and Peoples Rights
Flynote local
Resolution
Flynote
Human Rights
Police action
Life
Liberty
Assembly
Excessive use of force

The African Commission on Human and Peoples' Rights (the Commission), meeting at its 69th Ordinary Session, held virtually from 15 November to 5 December 2021:

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 45(1)(a) of the African Charter which mandates the Commission to “collect documents, undertake studies and researches on African problems in the field of human and peoples’ rights;”

Considering Article 4 of the African Charter which enshrines the right to life and prohibits the arbitrary deprivation of life;

Reaffirming Article 6 of the African Charter which enshrines the right to personal liberty and security of the person;

Further reaffirming Article 11 of the African Charter which guarantees the right to freedom of assembly;

Recalling resolution ACHPR/Res. 437 (EXT.OS/ XXVI1) 2020, the Need to Prepare a Study on the Use of Force by Law Enforcement Officials in Africa;

Further Recalling General Comment No. 3 on the African Charter on Human and Peoples’ Rights: The Right to Life (Article 4), adopted during its 57th Ordinary Session, held from 4 to 18 November 2015, which provides that States must take all reasonable precautionary steps to protect life and prevent excessive use of force by its agents;

Recalling Furthermore the Guidelines for the Policing of Assemblies by Law Enforcement Officials in Africa, adopted during the 21st Extra-Ordinary Session, held from 23 February to 04 March 2017;

Bearing in mind the Basic Principles on the Use of Force and Firearms by Law Enforcement Officials, adopted by the 8th United Nations Congress on the Prevention of Crime and the Treatment of Offenders, in Cuba, from 27 August to 07 September 1990;

Recalling its Resolution ACHPR/Res.79 (XXXVIII) 05 on the Composition and Operationalization of the Working Group on the Death Penalty, and Resolution ACHPR/Res.227 (LII) 2012 on the Expansion of the Mandate of the Working Group on Death Penalty in Africa, to include Extra-Judicial, Summary or Arbitrary Killings in Africa;

Further recalling its decision to appoint a Special Rapporteur on Prisons and Conditions of Detention in Africa at its 20th Ordinary Session held from 21 to 31 October 1996, as well as Resolution ACHPR/Res.306 (EXT.OS/ XVIII) 2015 Expanding the Mandate of the Special Rapporteur on Prisons and Conditions of Detention in Africa to include issues relating to policing and human rights;

Conscious of the need to prepare a study on the use of force by law enforcement officials in Africa;

Further Conscious of the need to complement the above study with a practical training manual to facilitate its implementation at stakeholder level

The Commission decides to extend the Study on the Use of Force by Law Enforcement Officials in Africa until 2023.

Done virtually, on 5 December 2021