Mission by Commission

Author
Mary Falconer
Judgment date
Court name
African Commission on Human and Peoples Rights
Flynote local
Resolution
Flynote
Human Rights
Torture cruel inhuman or degrading treatment
Mission by Commission
Special mechanism
Periodic reporting
ACHPR Procedures

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);  

Considering the absolute and non-derogable character of the prohibition of torture and other cruel, inhuman and degrading treatment or punishment, guaranteed by Article 5 of the African Charter;

Recalling its Resolution on the Guidelines and Measures for the Prohibition and Prevention of Torture, Cruel, Inhuman or Degrading Treatment or Punishment in Africa (Robben Island Guidelines), adopted at its 32nd Ordinary Session held from 17 to 23 October 2002 in Banjul, The Gambia;

Recalling further the establishment, in 2004, of the Robben Island Guidelines Follow-up Committee to promote the implementation of the Guidelines;

Also recalling its Resolution ACHPR/Res.158 (XLVI) 09 on the change of name of the Robben Island Guidelines Follow-up Committee to the Committee for the Prevention of Torture in Africa (the Committee);

Bearing in mind Resolutions ACHPR/Res.120 (XXXXII) 07, ACHPR/Res.192 (L) 2011, ACHPR/Res.254 (LIV) 2013, ACHPR/Res.322 (LVII) 2015, ACHPR/Res.387 (LXI) 2017, ACHPR/Res.425 (LXV) 2019, ACHPR/Res.426 (LXV) 2019 and ACHPR/Res.461 (LXVI) 2020 renewing the mandate of the Committee;

Considering the Standard Operating Procedures on the Special Mechanisms of the African Commission on Human and Peoples’ Rights, adopted at its 27th Extraordinary Session held from 19 February to 4 March 2020 in Banjul, The Gambia;

Considering that the Standard Operating Procedures on the Special Mechanisms of the African Commission on Human and Peoples’ Rights stipulate, inter alia, that the roles and responsibilities of mandate holders include “seeking, receiving, examining and taking action on information related to their mandate area”.

Noting that seeking, tracking, sorting, presenting, classifying and analysing information for the purposes of implementing measures relating to the CPTA’s mandate, and that the non-binding and poorly formatted nature of such reports, which are difficult to use, undermine coordination efforts and preparation of cases submitted to the CPTA thereby delaying the Committee’s measures and actions.  This highlights the need to establish an effective and formalised tracking, research, analysis and reporting system in line with the CPTA emergency action measures;

Bearing in mind that the CPTA should establish a formal framework for tracking and transmitting information on torture and related acts, including allegations of imminent or actual occurrence of such acts, in order to obtain the necessary elements for a contextualised review and response in accordance with the applicable instruments;

Noting with appreciation the work accomplished by the Committee under the leadership of Commissioner Hatem Essaiem since his appointment on 15 November 2017, including the successful organisation of the Strategic Expert Workshop on the Drafting of Standard Operating Procedures of the Alert and Reporting Mechanism to the ACPHR on Situations of Torture and Related Acts from 6 to 7 October 2021 in Zanzibar;

Expressing its gratitude to the European Union for funding this important project among many others of the Commission’s Special Mechanisms;

The Commission:

i. Entrusts the CPTA with the formulation of Standard Operating Procedures of the Alert and Reporting Mechanism to the ACPHR on Situations of Torture and Related Acts;

ii. Calls on all relevant stakeholders to provide the necessary support for the drafting of the Standard Operating Procedures of the Alert and Reporting Mechanism to the ACPHR on Situations of Torture and Related Acts; and

iii. Decides that the Standard Operating Procedures of the Alert and Reporting Mechanism to the ACPHR on Situations of Torture and Related Acts should be presented to the Commission for consideration within 1 (one) year of their adoption by the CPTA.

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
Torture cruel inhuman or degrading treatment
Disabled people
Aged people
ACHPR Procedures
Mission by Commission

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);  

Considering the absolute and non-derogable character of the prohibition of torture and other cruel, inhuman and degrading treatment or punishment, guaranteed by Article 5 of the African Charter;

Recalling its Resolution on the Guidelines and Measures for the Prohibition and Prevention of Torture, Cruel, Inhuman or Degrading Treatment or Punishment in Africa (Robben Island Guidelines), adopted at its 32nd Ordinary Session held from 17 to 23 October 2002 in Banjul, The Gambia;

Recalling further the establishment, in 2004, of the Robben Island Guidelines Follow-up Committee to promote the implementation of the Guidelines;

Also recalling its Resolution ACHPR/Res.158 (XLVI) 09 on the change of name of the Robben Island Guidelines Follow-up Committee to the Committee for the Prevention of Torture in Africa (the Committee);

Bearing in mind Resolutions ACHPR/Res.120 (XXXXII) 07, ACHPR/Res.192 (L) 2011, ACHPR/Res.254 (LIV) 2013, ACHPR/Res.322 (LVII) 2015, ACHPR/Res.387 (LXI) 2017, ACHPR/Res.425 (LXV) 2019, ACHPR/Res.426 (LXV) 2019 and ACHPR/Res.461 (LXVI) 2020 renewing the mandate of the Committee;

Considering the Standard Operating Procedures on the Special Mechanisms of the African Commission on Human and Peoples’ Rights, adopted at its 27th Extraordinary Session held from 19 February to 4 March 2020 in Banjul, The Gambia;

Considering that the Standard Operating Procedures on the Special Mechanisms of the African Commission on Human and Peoples’ Rights stipulate, inter alia, that the roles and responsibilities of mandate holders include “seeking, receiving, examining and taking action on information related to their mandate area”.

Noting that seeking, tracking, sorting, presenting, classifying and analysing information for the purposes of implementing measures relating to the CPTA’s mandate, and that the non-binding and poorly formatted nature of such reports, which are difficult to use, undermine coordination efforts and preparation of cases submitted to the CPTA thereby delaying the Committee’s measures and actions.  This highlights the need to establish an effective and formalised tracking, research, analysis and reporting system in line with the CPTA emergency action measures;

Bearing in mind that the CPTA should establish a formal framework for tracking and transmitting information on torture and related acts, including allegations of imminent or actual occurrence of such acts, in order to obtain the necessary elements for a contextualised review and response in accordance with the applicable instruments;

Noting with appreciation the work accomplished by the Committee under the leadership of Commissioner Hatem Essaiem since his appointment on 15 November 2017, including the successful organisation of the Strategic Expert Workshop on the Drafting of Standard Operating Procedures of the Alert and Reporting Mechanism to the ACPHR on Situations of Torture and Related Acts from 6 to 7 October 2021 in Zanzibar;

Expressing its gratitude to the European Union for funding this important project among many others of the Commission’s Special Mechanisms;

The Commission:

i. Entrusts the CPTA with the formulation of Standard Operating Procedures of the Alert and Reporting Mechanism to the ACPHR on Situations of Torture and Related Acts;

ii. Calls on all relevant stakeholders to provide the necessary support for the drafting of the Standard Operating Procedures of the Alert and Reporting Mechanism to the ACPHR on Situations of Torture and Related Acts; and

iii. Decides that the Standard Operating Procedures of the Alert and Reporting Mechanism to the ACPHR on Situations of Torture and Related Acts should be presented to the Commission for consideration within 1 (one) year of their adoption by the CPTA.

Done virtually, on 5 December 2021

Author
Mary Falconer
Judgment date
Court name
African Commission on Human and Peoples Rights
Flynote local
Resolution
Flynote
ACHPR Procedures
Special mechanism
Working group
Mission by Commission

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 under Article 45 of the African Charter on Human and Peoples’ Rights (African Charter);

Recalling its Resolution ACHPR/Res.77 (XXXVII) 05 on the establishment of a Working Group on Specific Issues Related to the Work of the Commission (Working Group) adopted at its 37th Ordinary Session;

Mindful of its Resolutions ACHPR/Res.80(XXXVIII)05, ACHPR/Res.127(XXXXII)07, ACHPR/Res.150 (XLVI)09,  ACHPR/Res.280 (LV) 2014, and ACHPR/Res.311 (LVII) 2015 on the Renewal of the Mandate and Composition of the Working group;

Recalling its Resolutions ACHPR/Res.233 (EXT.OS/XIII) 13 and ACHPR/Res. 328 (EXT.OS/XIX) 2016 reconstituting the Working Group and modifying its mandate and composition;

Further recalling its Resolution ACHPR/Res. 389(LXI) 2017 and ACHPR/Res. 463 (LXVI) 2020 on the Appointment of the Chairperson, Renewal of the Mandate and Reconstitution of the Working Group;

Bearing in mind the Standard Operating Procedures (SOPs) relating to its Special Mechanisms adopted during its 27th Extra-Ordinary Session held from 19 February to 4 March 2020, in Banjul, The Gambia;

Noting in particular, guidance provided by the SOPS on the working modalities of Special Mechanisms, general roles and responsibilities of mandate holders, the composition, appointment, tenure and conduct of mandate holders;

Noting the need to allow the Working Group to continue to carry out its mandate;

Decides to appoint and reconstitute the Membership of the Working Group as follows:

 1. Commissionner Marie Louise Abomo, Chairperson;

2. Commissioner Idrissa Sow,  Vice Chairperson;

3. Commissioner Solomon Ayele Dersso, Member; and

4. Commissioner Maya Sahli Fadel, Member.

Done virtually, on 5 December 2021

Author
admin
Judgment date
Court name
African Commission on Human and Peoples Rights
Flynote local
Resolution
Flynote
Mission by Commission

The African Commission on Human and Peoples' Rights (the Commission), meeting at its 34th Extraordinary Session, held virtually on 24 August 2021;

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;

Noting paragraph 11 of Resolution ACHPR/Res. 482 (EXT.OS/XXXII) 2021, which gives the Commission the right to co-opt any expert, including military, forensic, communications, ballistics, and human rights experts etc. to become a member of the Commission of Inquiry; 

The Commission decides to:

Validate the appointment of the following independent human rights experts as co-opted members of the Commission of Inquiry with retroactive effect, and as of their respective dates of appointment:

  1. Judge Fatsah Ouguergouz -appointed on 17 June 2021
  2. Maitre Soyata Maiga - appointed on 21 June 2021; and
  3. Judge Lucy Asuagbor - appointed on 24 June 2021.

 

Done virtually on 24 August 2021.