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
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.
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
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 under the African Charter on Human and Peoples’ Rights (the African Charter);
Recalling Article 4 of the African Charter which recognizes and guarantees the right of every individual to life;
Considering resolutions ACHPR/Res.42(XXVI)99 and ACHPR/Res.136 (XXXXIV)08 of the Commission urging among other things, States parties to the African Charter to consider a moratorium on the death penalty and to ratify the Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty;
Bearing in mind resolution ACHPR/Res. 375 (LX) 2017 on the right to life urging State parties to the African Charter that have established a moratorium on executions to undertake further practical steps towards the abolition of the death penalty;
Recalling General Comment No. 3 on the African Charter on Human and Peoples’ Rights on the right to life (Article 4) and General comment No. 36 (2018) on article 6 of the International Covenant on Civil and Political Rights, on the right to life;
Recalling the resolutions of the General Assembly of the United Nations, adopted in 2007, 2008, 2010, 2012, 2014, 2016 and 2018, calling on all States that still retain the death penalty to, inter alia, observe a moratorium on executions with a view to abolishing the death penalty;
Welcoming the holding by the Commission of two regional conferences on the question of the death penalty in Africa, in September 2009 and April 2010 for Central, East and Southern African countries and for West and North African countries respectively, which recommended the drafting of a Protocol on the abolition of the death penalty in Africa and the first Continental Conference on the death penalty in 2014 in Benin; which created space for an open debate on the issue of the death penalty in Africa as well as on the necessity for Member States of the African Union (AU) to support the adoption of a regional protocol on the abolition of the death penalty;
Welcoming the holding of the African Regional Congress against the Death Penalty in Abidjan in April 2018, which reiterates its support to the abolition of death penalty in Africa and the adoption of the Draft Protocol on the abolition of the death penalty;
Welcoming also the continental and worldwide trend towards the abolition of the death penalty and that 21 States Parties to the African Charter have abolished the death penalty in law;
Noting that only 14 out of 53 States Parties to the African Charter have ratified the Second Optional Protocol to the International Covenant on Civil and Political Rights on the abolition of the death penalty;
Noting also that 27 African countries voted in favour of the resolution 73/175 (2018) of the United Nations General Assembly calling for a moratorium on executions.
Regretting that 9 African States still retain the mandatory death penalty for certain offences and at least 22 African States passed death sentences in 2018, and 5 of those States carried out executions;
Considering that the death penalty has no proven deterrent effect, its application is irreversible and constitutes a serious infringement to the right to life and the right to dignity;
Observing that the death penalty is increasingly imposed after unfair trials and used in an arbitrary and discriminatory manner, particularly against members of vulnerable groups;
Reaffirming the commitment of the Commission to promote the right to life and human dignity as fundamental rights and to encourage States Parties to abolish the death penalty;
The Commission:
- Urges State Parties to the African Charter that still retain the death penalty to fully implement the right to life and the right to human dignity;
- Urges States Parties that still retain the death penalty to observe a moratorium on the death penalty with a view to abolishing it in conformity with resolutions ACHPR/Res.42(XXVI)99 and ACHPR/Res.136 (XXXXIV)08 of the Commission and the seven resolutions of the General Assembly of the United Nations;
- Urges also States Parties to ratify the Second Optional Protocol to the International Covenant on Civil and Political Rights on the abolition of the death penalty;
- Urges further those States Parties that still retain the mandatory death penalty to abolish it as it breaches the right to life and the right to human dignity;
- Urges those States Parties that have established a moratorium on executions to undertake further practical steps towards the full abolition of the death penalty in law;
- Calls on States Parties to the African Charter to include in their periodic reports information on the steps they are taking to move towards the abolition of the death penalty in their countries; and
- Calls on States Parties to support the adoption by the African Union of the draft Protocol to the African Charter on the abolition of the death penalty, adopted by the Commission in 2015.
Done in Sharm El Sheikh, Arab Republic of Egypt, on 14 May 2019
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