Final Communiqué of the15th Extra – Ordinary Session of the African Commission on Human and Peoples’ Rights

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15

May 2014

Final Communiqué of the15th Extra – Ordinary Session of the African Commission on Human and Peoples’ Rights
Final Communiqué of the15th Extra – Ordinary Session of the African Commission on Human and Peoples’ Rights

The African Commission on Human and Peoples’ Rights (the Commission) held its 15th Extra-Ordinary Session, from 7 to 14 March 2014, in Banjul, The Gambia; which was convened to deal with Communications and other outstanding matters.

The Session was opened by the Vice-Chairperson of the Commission and Acting Chairperson, Honourable Commissioner Mohamed Béchir Khalfallah with the assistance of Honourable Commissioner Reine Alapini-Gansou, the Acting Vice-Chairperson.

Though Honourable Commissioner Kayitesi Zainabo Sylvie, Chairperson of the Commission joined the Session on the second day due to unavailability of flight connections, and subsequently chaired the rest of the Session.

The Session was attended by the following Commissioners:

Honourable Commissioner Kayitesi Zainabo Sylvie;

Honourable Commissioner Mohamed Béchir Khalfallah;

Honourable Commissioner Reine Alapini-Gansou;

Honourable Commissioner Pansy Tlakula

Honourable Commissioner YeungKam John Yeung SikYuen;

Honourable Commissioner Soyata Maiga;

Honourable Commissioner Lucy Asuagbor;

Honourable Commissioner Med Kaggwa;

Honourable Commissioner Maya Sahli-Fadel;

Honourable Commissioner Pacifique Manirakiza

Honourable Commissioner Lawrence Murugu Mute.

Honourable Commissioner Kayitesi Zainabo Sylvie, briefed Members of the Commission on the outcome of the meetings of the African Union (AU) Policy Organs, and the Fifth Meeting of the Bureau of the Commission and the African Court on Human and Peoples’ Rights (the Court). She also reported on other meetings held, including: the meeting with Commissioner of Political Affairs; with European Union; with the Assistant Secretary – General for Human Rights of the United Nations; the Vice-President of the Pan-African Parliament; the Foreign Minister of the Republic of Benin; and the International Federation for Human Rights, all of which took place between24 to 31 January 2014 in Addis Ababa, Ethiopia.

The Chairperson recalled that during the Second joint Annual Meeting of the Commission and the Court in July 2013, the two Institutions had agreed to request the AU Policy Organs to declare 2016 the “African Year of Human Rights”(Project 2016).She reported that this request was endorsed by the Executive Council through decision EX.CL/824 (XXIV), with the rider that focus should be on the rights of women, since2016 had already been slated as a  year in which the continent would celebrate Africa’s achievements in the area of women’s rights.

 The Chair personal so reported on the proposed road map for the implementation of Project 2016, which includes the requirement for the nomination of representatives to be part of the Project 2016 Committee, following which the Commission nominated Honourable Commissioner Pansy Tlakula; Honourable Commissioner Soyata Maiga and Honourable Commissioner Lucy Asuagbor to be members of the Committee, with Honourable Commissioner Soyata Maiga designated as the Commission’s focal point for the Project.

Furthermore, the Department of Political Affairs (DPA) of the African Union Commission (AUC) and the Court, made a joint proposal to establish a Pan-African Institute for Human and Peoples’ Rights, and indicated the necessity for the Commission to participate in the initiative. In that regard, the commission nominated three (3) Commissioners to be members of the Committee established by the Court and the DPA,to enable the Commission participate in the process.

 Members nominated by the Commission include:

Honourable Commissioner Reine Alapini-Gansou;

Honourable Commissioner Maya Sahli-Fadel

Honourable Commissioner Lawrence Murugu Mute.

 The Commission was briefed about the level of preparedness of its upcoming 55th Ordinary Session in the Republic of Angola, following a pre – mission undertaken by the Secretariat of the Commission to the country. It considered and adopted decisions on nineteen (19)Communicationsarising from the following:

 (i) Six (6) on Seizures, of which two (2) were not seized, and Provisional Measures granted on one (1)

(ii) Nine (9) on Admissibility; of which seven (7) were declared admissible; and two (2) deferred for more information;3

(iii)  One (1) request for relisting

(iv) One (1) request to add two (2) more Authors to a Communication

(v) Two (2) Communications on the Merits.

 The Commission considered and adopted the following:

Report of the Chairperson on the meetings of the AU Policy Organs

Report of the Working Group on Communications

Report of the Advisory Committee on Staff and Budgetary Matters

Report of the Mission of the Working Group on Indigenous People to United Republic of Tanzania

Report on the Situation of Women Human Rights Defenders in Africa

 The Commission considered and deferred the Guidelines on Conditions of Police Custody and Pre-trial Detention in Africa, for further improvement, following discussion of the Guidelines. It also considered and adopted Concluding Observations on the:

 Initial and Periodic Report of the Republic of Gabon

Periodic Report of the Republic of Cameroon.

 The Commission adopted the following Resolutions:

Resolution on the human rights situation in the Republic of South Sudan

Resolution on attacks of journalists and media practitioners in the Federal Republic of Somalia

Resolution on the human rights situation in the Central African Republic

Resolution on the human rights situation in the Federal Republic of Nigeria

 The Commission had discussions on the following:

Submission of Amicus curiae by Special Mechanisms of the Commission to the Court

Cases before the Court 2014 Budget Execution and Allocation;

Draft 2015 Budget The Agenda of the 55th Ordinary Session

 The Commission finalised discussions on Insurance Cover for its Members. And discussed its next Strategic Plan for the period 2014–2017, and decided to defer the matter to its 55thOrdinary Session for further consideration.

 Members of the Commission deliberated on the jurisprudence of the Commission, in light of the jurisprudence of similar regional and international institutions. They also deliberated on the current Rules of Procedure of the Commission, and the practical implementation of the Rules, in light of the Commission’s complementarity with the Court.

 The Commission will hold its 55th Ordinary Session from 28 April to 12 May 2014, in Luanda, Angola; and continues to express its sincere and profound gratitude to the Government and People of the Republic of The Gambia for the hospitality extended to Members of the Commission during the15thExtra-OrdinarySession.

PRAWA

PRAWA is a Non-governmental organization aimed at promoting Security, Justice and Development in Africa. It was established in 1994.