Assembly

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

Author
Mary Falconer
Judgment date
Court name
African Commission on Human and Peoples Rights
Flynote local
Resolution
Flynote
Human Rights
Imprisoned/detained people
Security of the person
Excessive use of force
Protests and demonstrations
Police action
Assembly
Death penalty
Extrajudicial killings

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 (African Charter);

Taking into consideration Article 45(1) (a) of the African Charter, which mandates the Commission ʺto collect documents, undertake studies and research on African problems in the field of human and peoples' rightsʺ;

Taking into consideration Article 4 of the African Charter which enshrines the right to life and prohibits the arbitrary deprivation of such right;

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

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

Recalling General Comment nº 3 of the African Charter on Human and Peoples’ Rights: The Right to Life (Article 4), adopted by the Commission during  its 57th Ordinary Session held from 4 to 18 November 2015, whereby every State shall take reasonable provisional measures aimed at protecting life and preventing the excessive use of force by their agents;

Further recalling the Guidelines for the Policing of Assemblies by Law Enforcement Officials in Africa, adopted during the 21st Extraordinary Session held from 23 February to 04 March 2017, which provide that State Parties shall respect the right of everyone to peaceful demonstration within the legal limitations and in concurrence with regional and international human rights instruments;

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

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

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

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

Taking into account the need to supplement the above mentioned study with a practical training manual to facilitate its implementation at stakeholder level;

The Commission:

i. Decides to develop a Training Manual on the Use of Force by Law Enforcement Officials and Prison/Correctional Guards;

ii. Calls on Member States and interested civil society organizations to contribute towards the development of the Training Manual.

 Done virtually, on 5 December 2021

Author
Inge Papp
Judgment date
Court name
African Commission on Human and Peoples Rights
Flynote local
Resolution
Flynote
Human Rights
Participate in government
Assembly
Association
Express and disseminate opinion

The African Commission on Human and Peoples' Rights (the Commission), meeting at its 64th Ordinary Session held from 24 April to 14 May 2019 in Sharm El Sheikh, Arab Republic of Egypt; 

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);

Recalling the provisions of Article 13 (1) of the African Charter which stipulates that “every citizen shall have the right to participate freely in the government of his country, either directly or through freely chosen representatives in accordance with the provisions of the law”;

Recalling also the provisions of Articles 3, 4 and 17 of the African Charter on Democracy, Elections and Governance on the imperative to implement and consolidate the rule of law, democracy and democratic elections on the continent;

Reaffirming its Resolution ACHPR/Res.293 (EXT.OS/XVII) 2015 on elections in Africa which calls on States Parties to protect the fundamental rights of all citizens, including the rights to freedom of movement, assembly, association and expression as well as equal access to the media for all stakeholders and its previous resolutions on elections and participatory governance in Africa;

Recognizing that the credibility of an electoral process and the legitimacy of the elected authorities strongly depend on the effective participation of citizens in a transparent and fair process, as well as respect for their fundamental freedoms of expression, of association and of assembly;

Concerned about the wave of arrests of political activists and journalists, and the crackdown on peaceful protests by security forces prior, during and after the legislative elections, which resulted in the loss of human lives and destruction of property;

Mindful of the need to restore the rule of law and allow for the protection and full enjoyment of the rights guaranteed under the African Charter, the African Charter on Democracy, Elections and Governance and other relevant instruments which Benin has ratified;

Welcoming the statement of the Chairperson of the African Union Commission of 2nd May 2019 stressing the need for a constructive dialogue to find consensual solutions to the challenges at hand and urging all the actors concerned to show restraint and demonstrate a spirit of responsibility in the best interest of Benin.

 

The Commission:

  1. Condemns the various acts of human rights violations perpetrated, including violations of the right to life and the use of lethal force by the security against peaceful protesters; 
  2. Calls on the Government to engage in a constructive dialogue with all stakeholders involved, with a view to finding mutually acceptable and lasting solutions to the issues at hand;
  3. Urges the Government to promptly investigate the human rights violations perpetrated during the pre and post -election clashes and to bring the alleged perpetrators to justice; 
  4. Calls on the Government to make every effort to restore peace and the rule of law in order to enable the exercise of the fundamental rights and freedoms of its citizens;
  5. Invites the African Union, ECOWAS and the international community to be attentive to the situation and to support the restoration of peace, security, law and order throughout the country.

 

Done in Sharm El Sheikh, Arab Republic of Egypt, on 14 May 2019

Author
Inge Papp
Judgment date
Court name
African Commission on Human and Peoples Rights
Flynote local
Resolution
Flynote
Human Rights
Express and disseminate opinion
Assembly
Participate in government
Equality and non-discrimination

The African Commission on Human and Peoples' Rights (the Commission), meeting at its 64th Ordinary Session held from 24 April to 14 May 2019 in Sharm El Sheikh, Egypt; 

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);

Recalling the provisions of Articles 10,11, 13 and 19 of the African Charter which guarantee the right to freedom of expression, the right of assembly, the right to participate freely in government and the right to equality of all peoples and the  provisions of Articles 3, 4 and 17 of the African Charter on Democracy, Elections and Governance on the necessity  to implement and consolidate the rule of law, democracy and democratic elections on the continent;

Bearing in mind the obligations of the People’s Democratic Republic of Algeria under the African Charter and other relevant human rights instruments to which it is a party;

Noting the developments in Algeria which led to the resignation of President Abdelaziz Bouteflika and appointment of Abdelkader Bensalah, Speaker of the Council of the Nation as interim President;

Noting also the declaration of the interim President to hold a transparent presidential election after ninety (90) days in line with the Constitution of Algeria;

Noting the continuous weekly protests by the Algerian population calling for political and institutional reforms, and the concerns of the National Syndicate of Magistrates regarding the independence of Magistrates;

Mindful of the call by the Algerian Military Leadership for dialogue between protesters and the institutions of the state;

Reaffirming the commitment of the Commission to ensure the full enjoyment of human and peoples’ rights of all Algerians as enshrined in the African Charter and other relevant human rights instruments;

The Commission calls on the Government of the People’s Democratic Republic of Algeria to: 
 

  1. Ensure that fundamental human rights and freedoms are respected and upheld during the transition period;
  2. Continue to exercise restraint and to engage in a constructive national dialogue with all the stakeholders concerned in order to collectively chart a positive way forward for the country;
  3. Address the concerns of the population and guarantee the independence of the judiciary as prescribed by the Algerian Constitution and other laws of the country;
  4. Expedite the processes for conducting a free, fair and transparent presidential election in line with the African Charter on Democracy, Elections and Governance, international best practices, the constitution and electoral laws of Algeria.

 

Done in Sharm El Sheikh, Arab Republic of Egypt, on 14 May 2019

Author
Inge Papp
Judgment date
Court name
African Commission on Human and Peoples Rights
Flynote local
Resolution
Flynote
Equality and non-discrimination
Equality before the law and equal protection of the law
Life
Torture cruel inhuman or degrading treatment
Liberty
Have his cause heard (fair trial)
Express and disseminate opinion
Assembly
Participate in government
Health

The African Commission on Human and Peoples' Rights (the Commission), meeting at its 25th Extra-Ordinary Session held from 19 February to 5 March 2019 in Banjul, The Gambia; 

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);

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

Reaffirming the provisions of Articles 2, 3, 4, 5, 6, 7, 9, 11, 13, 16, and 19 of the African Charter which guarantee the right to be protected against discrimination, the right to equal protection of the law, the right to life, the right not to be subjected to torture and other ill-treatment, the right to personal liberty and protection from arbitrary arrest,  the right to a fair trial, the right to receive information and to freedom of expression, the right of assembly, the right to participate freely in government, the right to the best attainable state of physical and mental health, and the right to equality of all peoples;

Bearing in mind its Statement of 11 February 2019 on the Human Rights Situation in the Republic of The Sudan which called on the Government to uphold the Sudanese peoples’ fundamental human rights and ensure the security and safety of its population;

Deeply concerned about the human rights situation in the Republic of The Sudan following the protests which began in December 2018 due to a rise in the price of bread and fuel, as well as other essential goods; 

Concerned by the use of excessive and disproportionate force to disperse protests, resulting in the deaths and injuries of several protestors; 

Alarmed by reports that security forces fired live ammunition and tear gas into hospital premises, where protestors were taking shelter;

Concerned by allegations relating to the arbitrary arrest, detention, torture and ill-treatment of persons suspected of participating in or supporting the protests including students, opposition party members, journalists, human rights defenders, and others; 

Noting reports that on 29 January 2019, the Chief of the National Intelligence and Security Service (NISS) issued an order to release all persons who were detained in relation to the protests;  

Concerned by the declaration of a year-long state of emergency on 22 February 2019, which restricts fundamental human rights and freedoms including the rights to liberty, security, freedom of expression and assembly;

The Commission:

1.     Condemns the deteriorating human rights situation in the Republic of The   Sudan. 

2.     Calls on the Government of the Republic of The Sudan to: 

i.  ensure that fundamental human rights and freedoms are   respected   and upheld during the state of emergency; 

ii. ensure due process of law for persons arrested and detained in  connection with protests, in accordance with regional and international standards;

iii. ensure that those in detention are released further to the release order by the Chief of NISS;

iv. refrain from the use of excessive and disproportionate force against  protestors and, more generally, take the necessary measures to guarantee the security and safety of its population; 

v. initiate prompt, impartial and effective investigations into the  alleged human rights violations and ensure that the perpetrators are held accountable and subjected to appropriate sanctions reflecting the gravity of the offences, in accordance with relevant international and regional standards; and

vi. ensure that victims of the violations and their families obtain full and adequate redress, including restitution, compensation, rehabilitation, satisfaction and guarantees of non-repetition; 

3.     Calls on the Republic of The Sudan to authorise the Commission to undertake a fact-finding mission to The Sudan.

4.     Further calls on all actors, particularly opposition party members, activists, and the general population, to refrain from any form of incitement and acts of violence.

Done in Banjul, The Gambia, on 5 March 2019

 

Author
Mary Falconer
Judgment date
Court name
African Commission on Human and Peoples Rights
Flynote local
Resolution
Flynote
Association
Assembly

The African Commission on Human and Peoples’ Rights (African Commission), meeting at its 63rd Ordinary Session held from 24 October to 13 November 2018 in Banjul, Republic of The Gambia;

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

Recalling its Resolution ACHPR/ 69(XXXV) 04 of 4 June 2004 on the protection of human rights defenders in Africa;

Further recalling its Resolutions ACHPR/Res.119 (XXXXII) 07, ACHPR/Res. 196 (L) 11, ACHPR/Res.125 (XXXXII) 07, ACHPR/Res.248 (LIV) 13 and ACPHR/Res. 273 (LV) 14 on the mandate and situation of human rights defenders in Africa;

Further recalling its Resolutions ACHPR/Res.151 (XLVI) 09 and ACHPR/Res.186 (XLIX) 11 on the need to conduct a study on freedom of association and assembly in Africa and the appointment of members to the Study Group on Freedom of Association and Assembly; 

Recalling Resolution ACHPR/Res.319 (LVII) 15 of 18 November 2015 on the development of Guidelines on Freedom of Association and Assembly in Africa;

Considering the expiry of the mandate of the Study Group following the adoption of the Guidelines on Freedom of Association and Assembly in Africa at the 60th Ordinary Session of the African Commission on Human and Peoples' Rights on 22 May 2017 in Niamey, Niger;

Concerned about the increasing number of attacks on freedom of association and assembly in Africa, particularly in light of current challenges characterised by the gradual restricting of civic space, the adoption/revision by certain States of legislative and regulatory provisions which considerably curtail the exercise of the right to freedom of association and assembly of human rights defenders and civil society organisations and infringe upon the citizen’s enjoyment of the right to freedom of association, assembly and expression; 

Emphasising the importance of freedom of association and assembly in the work of the African Commission and for the effective implementation of the African Union’s Agenda 2063;

Emphasising further the need to assist States in ensuring the effective implementation of the Guidelines;

Bearing in mind the difficulty for the African Commission to specifically monitor the implementation of its various instruments given the limited resources it has available to carry out tasks for the realisation of this mission;

Conscious of the role of National Human Rights Institutions as local partners in the dissemination and promotion of instruments developed and adopted by the African Commission and for monitoring their implementation;

The Commission decides to:
 

1.  Establish, for a period of two (2) years, a Group to Support the Mandate of the Special Rapporteur, tasked with promoting and monitoring the effective implementation of the Guidelines on Freedom of Association and Assembly in Africa with Governments, Parliaments and other State entities, and advocating for the adoption of national laws and regulations that are consistent with the Guidelines;

2.  Appoint the following organisations as members of the Support Group to conduct activities for the promotion and implementation of the Guidelines under the supervision of the Special Rapporteur on Human Rights Defenders in Africa:

· International Service for Human Rights (ISHR);

· Institute for Human Rights and Development in Africa (IHRDA);

· West African Human Rights Defenders Network (WAHRDN);

· East and Horn of Africa Human Rights Defenders Project (EHAHRDP);

· African Centre for Democracy and Human Rights Studies (ACDHRS);

· Cairo Institute for Human Rights Studies (CIHRS);

· Central Africa Human Rights Defenders Network (REDHAC);

· Human Rights Institute of South Africa (HURISA); 

· Network of African National Human Rights Institutions (NANHRI);

· International Center for Not-for-Profit Law (ICNL);

· Associação Justiça, Paz e Democracia (AJPD);

· Southern Africa Human Rights Defenders Network (SAHRDN);

· North Africa Human Rights Defenders Network; 

· Worldwide Movement for Human Rights (FIDH).

 

 Done in Banjul, Republic of  The Gambia, on 13 November 2018

 

Author
Mary Falconer
Judgment date
Court name
African Commission on Human and Peoples Rights
Flynote local
Resolution
Flynote
Participate in government
Ethnic and racial and indigenous groups
Express and disseminate opinion
Assembly
Executive action limiting right of free association

The African Commission on Human and Peoples’ Rights (Commission), meeting at its 63rd Ordinary Session held from 23 October to 13 November 2018 in Banjul, Republic of The Gambia; 

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

Considering the provisions of the African Charter, in particular Article 13(1) on the right of every citizen to participate freely in the government of his country;

Considering its Resolution ACHPR/Res.272 (LV) 14 on elections in Africa;

Recalling its Resolution ACHPR/Res. 395 (LXII) 18 on the human rights situation in the Republic of Cameroon;

Concerned by the human rights violations, in particular the excessive restrictions on freedom of expression, association and peaceful assembly, the prohibition of peaceful demonstration during the electoral process which was marked by several cases of arrest and unlawful detention;

Deeply concerned by the continuous deterioration of the human rights situation in the country in general and in particular in the English-speaking North-West and South-West Regions of Cameroon;

Deeply concerned by the increasing insecurity, recurrent enforced disappearances, summary and extrajudicial executions, abductions and intimidation; 

Concerned by the police repression, marked by prohibition from demonstration by opposition political parties, arbitrary arrests and the violation of other human rights following several cases of disputing of the results after the recent presidential election of 7 October 2018; 

Emphasising the importance of an inclusive political participation of all sectors of the Cameroonian society towards restoring stability throughout the national territory;

Concerned by the continuous loss of lives;

The Commission:

1.  Welcomes the release of the 79 students and teachers who were abducted on 5 November 2018 from their school in the North-West Region of Cameroon, and calls upon the Government to ensure their protection and that of all schools throughout the national territory; 

2.  Strongly condemns the various human rights violations committed in the country, and in particular during the electoral process;

3.  Calls upon the African Union to take measures towards putting an end to the ongoing serious human rights violations in the country;

4.  Calls upon the Cameroonian authorities to:

· Increase efforts towards finding a speedy solution to the Anglophone crisis and restoring stability, peace and security;

· take the necessary measures to ensure the safety of the population;

· ensure democratic space for civil society and political opposition actors, journalists, lawyers, and pro-democracy movement activists;

· promote the collective interest of citizens by preserving the ideals of peace, justice, equity and good governance as provided for in the African Charter on Democracy, Elections and Governance ratified by Cameroon;

· authorise the African Commission on Human and Peoples’ Rights to undertake a fact-finding mission.

Done in Banjul, Republic of  The  Gambia, on 13 November 2018

Author
admin
Judgment date
Court name
African Commission on Human and Peoples Rights
Flynote local
Resolution
Flynote
Democracy
Participate in government
Rule of law
Express and disseminate opinion
Movement and residence
Assembly
Property
Protests and demonstrations

The African Commission on Human and Peoples’ Rights (Commission), meeting at its 62nd Ordinary Session held in Nouakchott, Islamic Republic of Mauritania, from 25 April to 9 May 2018;

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);

Bearing in mind the obligations of the Togolese Republic as a Member State of the African Union and a State Party to the African Charter, the African Charter on Democracy, Elections and Governance, and other regional human rights instruments;

Considering Principles (m) and (n) of the Constitutive Act of the African Union on respect for democratic principles, human rights, the rule of law and good governance, and promotion of social justice to ensure balanced economic development;

Considering the provisions of the African Charter on Democracy, Elections and Governance, in particular Articles 3(1), 13 and 32(8) on respect for human rights and democratic principles, the obligation of States Parties to take measures to ensure and maintain political and social dialogue, as well as public trust and transparency between political leaders and the people, in order to consolidate democracy and peace, and entrenching and respecting the principle of the rule of law;

Recalling further Articles 4, 6, 9, 11, 13 and 23 of the African Charter which guarantee the right to life and physical integrity, to liberty and security of the person, the right to freedom of expression, the right to peaceful assembly and demonstration, to participate in the management of public affairs, as well as the right to peace and security;

Deeply concerned about the situation prevailing in Togo since 19 August 2017 following the various demonstrations calling for constitutional and institutional reforms,  including the vote of the Togolese Diaspora as well as the limitation of presidential terms, marked by violations of freedom of expression, opinion and demonstration, endangering lives, the integrity of the human person, private and public property, freedom of movement, the disproportionate use of force against demonstrators and other forms of violence that led to the massive internal displacements of populations;

Taking note of the meeting of 19 February 2018 between the government and the various parties that organized the demonstrations aimed at finding a peaceful solution to the current crisis; 

Welcoming the designation by ECOWAS Heads of State at their extraordinary meeting held in Lomé, Togo, on 14 April 2018 of the Ghanaian and Guinean Presidents, H.E. Nana Addo Dankwa Akufo-Addo and H.E. Professor Alpha Condé, as facilitators in the Togolese crisis; 

Cognizant of the importance of the protection and promotion of human rights, democracy, the rule of law and the consolidation of peace on the continent;

Emphasising the primary responsibility of the State to guarantee the respect and effective protection of rights, in accordance with the African Charter and other relevant human rights instruments ratified by Togo;

Stressing also the responsibility of leaders of opposition political parties to ensure that their party members abide by the law and refrain from taking any action that may undermine public order and national security;    

The Commission:

1. Strongly condemns all human rights violations that have been committed and urges the Togolese Government to put an end to them, in particular arrest, torture, arbitrary detention and other violations;

2. Calls for impartial and independent investigations in order to identify the presumed perpetrators of these violations and ensure that they are prosecuted in accordance with the law; 

3. Urges the Togolese authorities to continue dialogue with all stakeholders towards the preservation of peace and security in Togo;

4. Urges opposition political parties to prioritise dialogue and refrain from acts of violence; 

5. Calls upon the various parties to prioritise national harmony and unity, and to refrain from any action that may undermine the main pillars of the Togolese society;

6. Decides to undertake a general human rights promotion mission to Togo, in collaboration with the government authorities.

 

Adopted at the 62nd Ordinary Session of the African Commission on Human and Peoples’ Rights held in Nouakchott, Islamic Republic of Mauritania, from 25 April to 9 May 2018