Peace
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 (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
The African Commission on Human and Peoples’ Rights (Commission), meeting at its 62nd Ordinary Session held from 25 April to 9 May 2018 in Nouakchott, Islamic Republic of Mauritania;
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);
Considering its Resolution ACHPR/Res.357(LIX) 16 on the human rights situation in the Republic of Burundi and the conclusions and recommendations of its December 2015 fact-finding mission including the need for its relevant mechanisms to monitor and investigate human rights violations;
Welcoming the efforts made by the East African Community towards resolving the crisis in Burundi, and the consideration of the report of the Facilitator in the Burundi dialogue, H.E. Benjamin Mkapa, during the 19th Summit of the East African Community on 23 February 2018 in Kampala, Uganda;
Noting the Statement of the UN Security Council President (S/PRST/2018) of 5 April 2018, expressing concern over the slow progress of the inter-Burundian peace dialogue and calling for all the Burundian stakeholders, particularly Burundi Government, to participate actively and unconditionally in that process, based on the respect of the Arusha Agreement and the Constitution of Burundi;
Concerned by the lack of implementation of recommendations formulated in the African Commission’s fact-finding mission report;
Further Concerned by the continuous human rights violations committed with impunity; the continued forced displacement of populations, arbitrary arrests and detentions, targeted killings, extrajudicial executions, acts of torture and other forms of cruel, inhuman and degrading treatment, enforced disappearances, sexual violence, and harassment and intimidation of human rights defenders, journalists and media professionals;
Concerned also by the negative impact of the crisis on the population, including in the areas of food, health and security;
Deeply concerned by the constant lack of independent investigation of reported incidents of violations of human rights and the lack of cooperation for independent international investigation of reports of continuing human rights violations in Burundi;
The Commission:
Calls upon the Government of the Republic of Burundi to:
- Implement its recommendations contained in its 2016 fact-finding mission report;
- Respect, protect and guarantee human rights and fundamental freedoms for all, in line with the country’s Constitution and its international obligations to adhere to the rule of law;
- Ensure that any initiative in Burundi including the review of the Constitution of the country does not deepen polarization in Burundi and undermine the ongoing peace process efforts;
- Conduct without delay transparent and impartial investigations against all those responsible for human rights violations, including members of the security forces and violent actors affiliated to political parties, in order to bring the perpetrators to justice;
- Put an end to acts of intimidation, reprisal and harassment against human rights defenders and release those detained for exercising their legitimate human rights work;
- Fully cooperate with regional and international mechanisms mandated to investigate human rights violations in Burundi;
- Extend an invitation to the Commission to undertake a general human rights promotion mission in Burundi, in collaboration with the government authorities.
Calls upon the East African Community and the Peace and Security Council of the African Union to:
- Take urgent action to ensure that the review of the Constitution of Burundi does not lead to deterioration of the crisis and impede the peace process;
- Take appropriate measures to ensure that all stakeholders, including the Burundian government, participate actively and unconditionally in an all-inclusive inter-Burundian peace dialogue based on the respect of the Arusha Agreement and the Constitution of Burundi to end the current crisis as soon as possible;
- Initiate as part of the peace process efforts for ensuring the cessation of all acts of human rights violations and abuses and the inclusion in the peace process of measures for ensuring accountability.
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
The African Commission on Human and Peoples’ Rights (Commission), meeting at its 23rd Extraordinary Session held from 13 to 22 February 2018 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 (African Charter);
Further recalling the obligations of the Democratic Republic of the Congo (DRC) as a Member State of the African Union, State party to the African Charter, the African Charter on Democracy, Elections and Governance, and other relevant regional and international human rights instruments;
Recalling the provisions of Articles 3(2), 4 and 23 of the African Charter on the obligations of States parties to protect the lives of populations and to guarantee peace and security in their territories;
Further recalling the importance of promoting and protecting human rights, democracy, rule of law and peacebuilding on the continent;
Bearing in mind its Resolutions ACHPR/Res.90 (XXXVIII) 05, ACHPR/Res.103 (XXXX) 06, ACHPR/Res.139 (XXXXIV) 08, ACHPR/Res.173 (XLVIII) 10, ACHPR/Res.241 (EXT.OS/XIV) 13, ACHPR/Res.284 (LV) 14 and ACHPR/Res.358 (LIX) 16 on the human rights situation in the Democratic Republic of the Congo, as well as its Press Release of 8 January 2018 on the human rights situation in the DRC;
Recalling that the primary role of the security and defence forces, including the Congolese military (FARDC), national police (PNC) and other security groups is to ensure the protection of the population and their property;
Concerned about the continued deterioration of the political, security, humanitarian and human rights situation in the Democratic Republic of the Congo;
Concerned about allegations of serious and massive human rights violations against civilian populations, following violent clashes between the Kamwina Nsapu militia and the Congolese defence and security forces in the Kasaï provinces;
Deeply concerned in particular about the loss of lives, summary executions, acts of torture, mutilation, sexual violence, arbitrary arrest and detention, massive and forced displacement of populations, looting and destruction of property in the Kamonia territories following the death of the traditional ruler Jean-Prince Mpandi, alias “Kamwina Nsapu”, killed during a military assault on 12 August 2016;
Deeply concerned also about allegations of serious and massive human rights violations, in particular the loss of lives, serious casualties, arbitrary arrest and detention, as well as repression against human rights defenders, activists, journalists and opponents of the current regime following peaceful demonstrations organized since 31 December 2017 by groups of citizens to protest against the refusal to accept political change and the constant rescheduling of the presidential election;
Noting the lack of investigation into allegations of human rights violations, as well as the impunity that may be enjoyed by the perpetrators;
The Commission:
Strongly condemns the serious and massive human rights violations in the various provinces of the Democratic Republic of the Congo and the ongoing impunity;
Further condemns the excessive and disproportionate use of force and all other forms of human rights violations against peaceful protesters;
Urges the authorities of the Democratic Republic of the Congo to:
- Take the necessary measures to put an end to all ongoing situations of human rights violations in the various provinces and towns of the country, particularly in Kasaï;
- Put an end to arbitrary arrest and detention, and ensure the immediate release of arbitrarily detained protesters, political opponents, journalists and human rights defenders;
- Conduct effective, independent and impartial investigations into the various human rights violations committed in the country in order to bring the alleged perpetrators to justice and guarantee the right to a fair trial;
- Cooperate with the African Commission on Human and Peoples’ Rights, including by authorising a fact-finding mission in order to investigate, among others, allegations of human rights violations committed in the country;
- Fully cooperate with international experts appointed by the UN Human Rights Council to determine the facts and circumstances of the violations committed in the Kasaï since August 2016, in particular by granting them access to areas and villages affected by the violence, as well as allowing them to speak to victims in a safe and confidential environment;
Urges the Congolese political class to respect and effectively implement the Political Agreement of 31 December 2016, and encourages the various stakeholders to take the necessary measures to preserve social peace through dialogue and consensus.
Done in Banjul, The Gambia, on 22 February 2018