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ACHPR81: African States, Commission should protect Palestinians' right to self-determination

At a side event on the relevance of the African human rights system to the conflict in Gaza, panellists urged States and the Commission to ensure Israel ends its unlawful occupation and respect international human rights norms.

On the margins of the 81st Ordinary Session of the African Commission on Human and Peoples’ Rights, ISHR co-hosted a side event on 16 October 2024 on human rights in Palestine.

The event explored the role the Commission, the African Charter on Human and Peoples’ Rights, and African civil society movements could play to ensure Palestinians’ inalienable rights, including the right to self-determination and the right to be free from apartheid and genocide, are respected.

Discussions took place after the African Commission adopted less bold positions about the conflict in Palestine, which have not clarified State parties’ obligations, in particular, concerning the protection of the most vulnerable populations and of human rights defenders.

The African Charter and Palestine

Saleh Hijazi, from the Boycott, Divestment, Sanctions Movement, recalled the preamble of the African Charter where State parties undertook to eliminate any forms of foreign domination of peoples including Zionism.

Hijazi reiterated the ultimate necessity of African States and the Commission to swiftly adopt robust measures to defend the rights of Palestinians. For him, the International Court of Justice has demonstrated how Israeli policies and unlawful occupation of territories violate international law norms, which African States and the ACHPR must uphold.

Human rights defenders who advocate against such occupation are often targeted by States. ISHR has previously called on States to ‘immediately and unconditionally release all arbitrarily detained individuals ‘for the exercise of their rights to freedom of peaceful assembly, of association and freedom of expression in the context in Israel/occupied Palestinian territory’.

In their diplomatic relations with Israel, African States should uphold values enshrined in the African Charter such as the right to self-determination, the protection of civic space and the prohibition of foreign domination.
Trésor Makunya, Africa Legal and Advocacy Officer at ISHR

The need for a robust stance

Panellists recommended the African Commission adopt a courageous resolution that calls on State parties to ensure Israel complies with international human rights obligations by ending its occupation, putting an end to the intimidation and criminalisation of civil society and activists advocating for respect of Palestinians’ rights and an end to the alleged crimes of apartheid and genocide against Palestinians.

During the session, Algeria and South Africa also recommended the Commission take a clear stance concerning the violation of international law and human rights in Palestine. The Chairperson of the African Commission promised these issues will be tabled upon during the private sessions.

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