Decision on the Activity Report of the African Commission on Human and Peoples’ Rights

DECISION ON THE ACTIVITY REPORT OF THE AFRICAN COMMISSION ON
HUMAN AND PEOPLES’ RIGHTS
Doc. EX.CL/1205(XXXVI)

The Executive Council,

1. TAKES NOTE of the Forty-Seventh (47th) Activity Report of the African Commission on Human and Peoples’ Rights (the ACHPR), and comments as well as observations by Member States;

2. EXPRESSES its appreciation for the efforts deployed by the ACHPR during the reporting period to promote and protect human rights on the continent;

3. WELCOMES the Report of Cameroon on the implementation of the decision of the ACHPR in Communication 389/10 - Mbiankeu Genevieve v. Cameroon, and CALLS ON other States Parties to provide the ACHPR with all relevant information on the measures taken to comply with the ACHPR’s requests for Provisional Measures and the implementation of its decisions on complaints on alleged human rights violations under the Communications procedure in accordance with Rule 112 of its Rules of Procedure;

4. FURTHER CALLS ON Member States to cooperate with the ACHPR by considering favorably its requests for undertaking promotion and protection missions and by responding timeously to the ACHPR’s communications;

5. REQUESTS the PRC to work with the Commission and the ACHPR in expediting the process of reviewing the structure of the Secretariat of the ACHPR in line with Decision EX.CL 995 (XXXII) to better align the ACHPR’s human resources capacity and organogram with the mandate vested in it under the African Charter, the Maputo Protocol and the Protocol Establishing the African Court;

6. ALSO REQUESTS the ACHPR to report on the implementation of paragraph 8 of Assembly/AU/Dec.200 (XI) stipulating, “to have the status of the ACHPR as an Organ of the AU regularized”;

7. CALLS ON the AUC Chairperson to put in place urgent measures for the full implementation, within a reasonable timeframe, of various Executive Council Decisions calling for expedited recruitment to the vacant positions in the Secretariat, including the recruitment of Arabic and Portuguese Legal Officers and Translators as per Decision EX.CL/Dec.974(XXXI), and report to the Executive Council in this regard;

8. WELCOMES the assurance that President Adama Barrow of The Gambia gave to the ACHPR to prioritize the construction of the permanent headquarters of the ACHPR and CALLS ON the AUC to activate the support group envisaged in

Decision EX.CL/Dec. 1045(XXXIV) and to work with the Gambian Government and the ACHPR for putting in place concrete plans including the finalization of the architectural designs of the permanent headquarters of the ACHPR in 2020 and for the commencement of the construction of the permanent headquarters;

9. COMMENDS the States Parties that are up to date in their submission of periodic reports to the ACHPR and URGES other States Parties to submit their Periodic Reports in compliance with Article 62 of the African Charter on Human and Peoples’ Rights (African Charter), Article 26 of the Maputo Protocol, and Article 14 (4) of the Kampala Convention;

10. STRESSES the importance of constant and constructive engagement between ACHPR and the PRC within the wider efforts to implement the African Governance Architecture Agenda (AGA);

11. REITERATES the fundamental importance of proper follow up of the outcomes of the Joint PRC-ACHPR Retreat held in 2017 in Kenya as well as the provisions of Executive Council Decision 1015 in this regard, and calls for ensuring of the holding of the Annual Joint Retreat previously decided by relevant Executive Council Decisions;

12. ENCOURAGES the Kingdom of Morocco and the ACHPR to continue engaging in a dialogue on the implementation of Executive Council Decision concerning the fact finding mission to the territory referred to by the African Union as the Sahrawi Arab Democratic Republic and the United Nations as Western Sahara as mandated by previous relevant African Union Decisions;7

13. EXPRESSES ITS APPRECIATION to the Republic of Gambia for hosting the 65th Ordinary Session of the ACHPR held in Banjul, The Gambia, from 21 October to 10 November 2019, and the excellent facilities accorded to all participants during the Session;

14. CALLS ON Member States, particularly those that have not yet done so, to consider hosting one of the Sessions of the ACHPR;

15. AUTHORISES the publication of the 47th Activity Report; and in that regard REQUESTS States Parties, if they so wish, to submit, within fourteen (14) days of the date of closure of the Executive Council Session at which this Decision is adopted, their written observations on the Activity Report, to be annexed thereto upon its publication.