Special mechanism
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
The African Commission on Human and Peoples' Rights (the Commission), meeting at its 69th Ordinary Session, held virtually from 15 November to 05 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.38 (XXXVIII) 99, adopted at its 25th Ordinary Session, held from 26 April to 5 May 1999 in Bujumbura, Burundi, on the establishment of a Special Mechanism on the Rights of Women in Africa and appointment of a Special Rapporteur;
Recalling its Resolutions ACHPR/Res.63 (XXXIV) 03; ACHPR/Res.78 (XXXVIII) 05; ACHPR/Res.112(XXXXII) 07; ACHPR/Res.154 (XLVI) 09, ACHPR/Res.205 (L) 11; ACHPR/Res.245 (LIV) 13;ACHPR/Res.380(LXI)2017 and ACHPR/Res.425(LXV)2019 on the renewal of the Mandate of the Special Rapporteur on the Rights of Women in Africa;
Recalling also its Resolution ACHPR/Res. 454 (LXVI) 2020 on the Renewal of the Mandate and Appointment of Commissioner Kayitesi Zainabo Sylvie as the Special Rapporteur;
Bearing in mind the resignation of Commissioner Kayitesi Zainabo Sylvie in November 2020 and the interim appointment of Commissioner Maria Teresa Manuela as Special Rapporteur;
Cognizant of the fact that women’s rights need sustained promotion and protection as many women and girls in Africa are still vulnerable and seriously exposed to human rights violations;
Recalling the Commission’s goal to continue to advocate for the ratification and implementation of the Protocol to the African Charter on the Rights of Women in Africa (the Maputo Protocol) by all States Parties to the African Charter;
Reaffirming the importance of the mechanism of the Special Rapporteur on the Rights of Women in Africa and the need to continue the implementation of its mandate;
Decides to appoint Commissioner Janet Ramatoulie Sallah- Njieas Special Rapporteur on the Rights of Women in Africa.
Done virtually, on 5 December 2021
The African Commission on Human and Peoples’ Rights, meeting at its 69th Ordinary Session, held virtually from 15 November to 05 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 (the African Charter);
Aware that in the exercise of its mandate the African Commission on Human and Peoples’ Rights (the African Commission) has established various mechanisms for the promotion and protection of human and peoples’ rights in Africa;
Emphasizing that the right to freedom of expression and access to information is a fundamental human right guaranteed by Article 9 of the African Charter;
Reaffirming the commitment of the African Commission to promote the right to freedom of expression and access to information, and monitor implementation of the Declaration of Principles on Freedom of Expression and Access to Information in Africa by the States Parties;
Bearing in mind the Model Law on Access to Information in Africa which was adopted by the African Commission to encourage the adoption of national legislation on access to information in line with the regional and international standards;
Mindful of the Guidelines on Access to Information and Elections in Africa, adopted by the African Commission in light of the importance of the right of access to information to the creation of a conducive environment for free, fair and transparent elections, and elaborate on the information which should be proactively disclosed by all relevant actors during elections;
Recalling Resolution ACHPR/Res.71 (XXXVI) 04 which established the special mechanism on Freedom of Expression in Africa, and Resolution ACHPR/Res.122 (XXXXII) 07 which expanded the mandate to include access to information in Africa;
RecallingResolution ACHPR/Res.84 (XXXXV)05 which appointed Advocate Pansy Tlakula, andResolution ACHPR/Res.377(LXI)2017which appointed Mr. Lawrence Mute;
Further recallingResolution ACHPR/Res. 453 (LXVI) 2020which appointed Justice Jamesina E. L. King as the Special Rapporteur;
Considering that the mandate of Justice King, as a Member of the Commission and Special Rapporteur, came to an end on 15 November 2021;
Noting with appreciation the work done by Justice King as the Special Rapporteur on Freedom of Expression and Access to Information in Africa;
Decides to appoint Commissioner Ourveena Geereesha Topsy-Sonooas the Special Rapporteur on Freedom of Expression and Access to Information in Africa.
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 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);
Aware that in the exercise of its mandate, the Commission has established various mechanisms for the promotion and protection of human and peoples’ rights in Africa;
Bearing in mind specifically, Articles 21 and 24 of the African Charter, on the right of all peoples to freely dispose of their wealth and natural resources, and to a generally satisfactory environment favourable to their development;
Recalling its previous Resolutions on the need for an improved protection of human rights and the environment, especially through improving the regulatory framework for the activities of the extractive industries, developing effective continental mechanisms for monitoring the human rights impact of the activities of the extractive industries and the development of jurisprudence on holding non-state actors accountable for human rights violations in Africa;
Recalling in particular, Resolution ACHPR/Res. 148(XLVI) 2009, establishing the Working Group on Extractive Industries, Environment and Human Rights Violations in Africa (the Working Group), and Resolution ACHPR/Res. 364(LIX) 2016 on Developing Reporting Guidelines with Respect to the Extractive Industries;
Noting with satisfaction the work accomplished by the Working Group up-to-date and recognizing its importance, as well as the need to allow it to continue carrying out its mandate;
Recalling Resolutions ACHPR/Res.321(LVII)2015, ACHPR/Res. 353 (EXT.OS/XX) 2016, ACHPR/Res.386(LXI)2017, ACHPR/Res.425(LXV)2019 and ACHPR/Res.459(LXVI)2020 relating to the mandate and composition of the Working Group;
Bearing in mind the Standard Operating Procedures on the Special Mechanisms of the African Commission on Human and Peoples’ Rights(the Standard Operating Procedures on Special Mechanisms) adopted by the Commission at its 27th Extraordinary Session, held from February 19 to March 4, 2020 in Banjul, The Gambia;
Noting in particular the guidelines set out in the Standard Operating Procedures on Special Mechanisms, in particular the role and responsibilities, in general, of mandate-holders, the composition of Special Mechanisms, the appointment of members and the duration of their mandate as well as the code of conduct of mandate holders;
Further noting the decisions taken during the 69th Ordinary Session held from 15 November to 05 December 2021, regarding the allocation of responsibilities relating to Special Mechanisms among the Commissioners;
Decides to appoint and reconstitute the Membership of the Working Group as follow:
1. Commissioner Solomon Ayele Dersso, Chairperson;
2. Commissioner Ourveena Geereesha Topsy-Sonoo, Vice-Chairperson;
3. CommissionerMudford Zachariah Mwandenga , Member; and
4. Maintain the Membership of Expert Members.
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 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);
Aware that in the exercise of its mandate, the Commission has established various mechanisms for the promotion and protection of human and peoples’ rights in Africa;
Bearing in mind specifically, Articles 21 and 24 of the African Charter, on the right of all peoples to freely dispose of their wealth and natural resources, and to a generally satisfactory environment favourable to their development;
Recalling its previous Resolutions on the need for an improved protection of human rights and the environment, especially through improving the regulatory framework for the activities of the extractive industries, developing effective continental mechanisms for monitoring the human rights impact of the activities of the extractive industries and the development of jurisprudence on holding non-state actors accountable for human rights violations in Africa;
Recalling in particular, Resolution ACHPR/Res. 148(XLVI) 2009, establishing the Working Group on Extractive Industries, Environment and Human Rights Violations in Africa (the Working Group), and Resolution ACHPR/Res. 364(LIX) 2016 on Developing Reporting Guidelines with Respect to the Extractive Industries;
Noting with satisfaction the work accomplished by the Working Group up-to-date and recognizing its importance, as well as the need to allow it to continue carrying out its mandate;
Recalling Resolutions ACHPR/Res.321(LVII)2015, ACHPR/Res. 353 (EXT.OS/XX) 2016, ACHPR/Res.386(LXI)2017, ACHPR/Res.425(LXV)2019 and ACHPR/Res.459(LXVI)2020 relating to the mandate and composition of the Working Group;
Bearing in mind the Standard Operating Procedures on the Special Mechanisms of the African Commission on Human and Peoples’ Rights(the Standard Operating Procedures on Special Mechanisms) adopted by the Commission at its 27th Extraordinary Session, held from February 19 to March 4, 2020 in Banjul, The Gambia;
Noting in particular the guidelines set out in the Standard Operating Procedures on Special Mechanisms, in particular the role and responsibilities, in general, of mandate-holders, the composition of Special Mechanisms, the appointment of members and the duration of their mandate as well as the code of conduct of mandate holders;
Further noting the decisions taken during the 69th Ordinary Session held from 15 November to 05 December 2021, regarding the allocation of responsibilities relating to Special Mechanisms among the Commissioners;
Decides to appoint and reconstitute the Membership of the Working Group as follow:
1. Commissioner Solomon Ayele Dersso, Chairperson;
2. Commissioner Ourveena Geereesha Topsy-Sonoo, Vice-Chairperson;
3. CommissionerMudford Zachariah Mwandenga , Member; and
4. Maintain the Membership of Expert Members.
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 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
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 also the decision of the Commission at its 37th Ordinary Session to appoint two Commissioners to work with the Special Rapporteur on Prisons and Conditions of Detention in Africa to prepare a concept paper on the issue of the death penalty in Africa;
Recalling further its Resolutions ACHPR/Res.42 (XXVI) 99 and ACHPR/Res.136 (XXXXIIII) 08 calling on States Parties to observe a moratorium on the death penalty;
Bearing in mind United Nations General Assembly Resolution 71/187, adopted in December 2016, calling upon all States that still maintain the death penalty to observe, inter alia, a moratorium on executions with a view to abolishing the death penalty;
Recalling its ACHPR Resolution ACHPR/Res.79 (XXXVIII) 05 on the Composition and Operationalization of the Working Group on the Death Penalty (Working Group) aiming in particular at broadening the composition of the Working Group and its mandate;
Recalling also its Resolutions ACHPR /Res.113 (XXXXII) 07, ACHPR /Res.152 (XLVI) 09, ACHPR /Res.201 (L) 11, ACHPR /Res.251 (LIV) 2013, ACHPR /Res.317 (LVII) 15, ACHPR /Res.384 (LXI) 2017 and ACHPR /Res. 448 (LXVI) 2020 on the renewal of the mandate of the Working Group;
Recalling further its Resolution ACHPR /Res.425 (LXV) 2019 renewing the mandate of all its Special Mechanisms, the Working Group included, for a period of six (6) months;
Emphasising its Resolutions ACHPR/Res.227 (LII) 12 and ACHPR/Res.408 (LXII) 2018 extending the mandate of the Working Group to issues relating to extrajudicial, summary or arbitrary killings and to issues concerning enforced disappearances respectively;
Recalling its Resolution ACHPR/Res. 480 (LXVIII) 2021 on the redistribution of the mandates of country Rapporteurs and Special Mechanisms among the Commissioners and which appointed Commissioner Maya Sahli-Fadel as Chairperson of the Working Group;
Noting with satisfaction the work accomplished by the Working Group, under the leadership of Commissioner Maya Sahli-Fadel, since her appointment on 8 May 2021;
Reaffirming the commitment of the Commission to promote the right to life and to pursue its advocacy for the abolition of the death penalty and the prohibition of extrajudicial, summary or arbitrary killings and enforced disappearances in Africa;
Recognising the importance of the Working Group on the Death Penalty, Extrajudicial, Summary or Arbitrary Killings and Enforced Disappearances in Africa and the need to enable it to continue to carry out its mandate and deal with the major issues emanating therefrom;
Keeping in mind the Rules governing the creation and functioning of the Commission’s Special Mechanisms (the Rules on the creation and functioning of the Special Mechanisms of the Commission), (the Rules on the Special Mechanisms) adopted by the Commission at its 27th Extraordinary Session held from 19 February to 4 March 2020 in Banjul, The Gambia;
Noting in particular the guidelines set out in the Rules on Special Mechanisms, including the general role and responsibilities of the mandate-holders, the composition of the special mechanisms, the appointment of members and the duration of their mandates, and the code of conduct for mandate-holders;
Further noting the decision taken during the 69th Ordinary Session held from 15 November to 5 December 2021, relative to the distribution of responsibilities of the Special Mechanisms among the Commissioners;
Decides to appoint and reconstitute the Membership of the Working Group as follows:
1. Commissioner Idrissa Sow, Chairperson;
2. Commissioner Maya Sahli-Fadel, Vice-Chairperson; and
3. Commissioner Ourveena Geereesha Topsy-Sonoo, Member;
Maintain the same composition of expert members.
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 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