Persons living with HIV

Mary Falconer
Judgment date
Court name
African Commission on Human and Peoples Rights
Flynote local
Human Rights
ACHPR Procedures
Special mechanism
Persons living with HIV

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);

Considering that as part of fulfilling its mandate, the Commission has established various mechanisms for the promotion and protection of human and peoples’ rights in Africa;

Recognizing its fundamental role to protect vulnerable groups in Africa from human rights violations;

Recognising further that people living with HIV and those at risk are currently one of the most vulnerable groups exposed to serious violations of human rights in Africa;

Recalling its Resolution ACHPR/Res.163 (XLVII) 2010 adopted at its 47th Ordinary Session on the establishment of a Committee on the Protection of the Rights of People Living with HIV (PLHIV) and Those at Risk, Vulnerable to and Affected by HIV (the HIV Committee);

Further recalling its Resolutions ACHPR/Res.172 (XLVIII) 2010 and ACHPR/ Res. 285 (EXT.OS/XVI) 2014, allappointing Members for the HIV Committee;

Bearing in mind its Resolutions ACHPR/Res.195 (L) 2011and ACHPR/Res.325 (LVII) 2015 on the Appointment of the various Chairpersons of the HIV Committee;

Considering its Resolutions ACHPR/Res.220 (LI) 2012, ACHPR/Res.279 (LV) 2014, and ACHPR/Res. 352(EXT.OS/XX) 2016, all on the renewal of the mandate of the HIV Committee and its Members;

Recalling Resolution ACHPR/Res.383 (LXI) 2017 on the Renewal of the Mandate and Reconstitution of the HIV Committee;

Further recalling Resolution ACHPR/Res.425 (LXV) 2019 which renewed the mandate of all its Special Mechanisms, including the HIV Committee for a period of six (6) months, with effect from 10 November 2019;

Further recalling Resolution ACHPR/Res.460 (LXVI) 2020 on the renewal of the mandate, Appointment of the Chairperson and Reconstitution of the HIV Committee for a period of two (2) years, effective 7 August 2020;

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; as well as terms of office of Expert Members;

Noting with appreciation the work undertaken by the HIV Committee under the leadership of Commissioner Alexia Gertrude Amesbury in the discharge of its mandate;

Further noting the resignation of the Chairperson before the end of her mandate;

Recognizing the importance of the HIV Committee in the promotion and protection of the rights of People living with HIV (PLHIV) and those at Risk, Vulnerable to and affected by HIV in Africa and the necessity to allow the HIV Committee to continue to carry out its mandate;

Decides to appoint and reconstitute the Membership of the Committee as follows:

i.                Commissioner Janet Ramatouli Sallah-Njie, Chairperson;

ii.               Commissioner Mudford Zachariah Mwandenga, Vice-Chairperson;

iii.              Commissioner Maria Teresa Manuela, Member; and

iv.              Maintain the Membership of Expert Members.

Done virtually, on 5 December 2021