ACHPR81: Outcomes of the 81st Ordinary Session of the African Commission on Human and Peoples’ Rights

On 6 November 2024, the African Commission on Human and Peoples’ Rights (‘the African Commission’ or ACHPR) officially concluded its 81st Ordinary Session, held in person in Banjul (The Gambia), which chiefly saw the periodic review of Angola and Burkina Faso, as well as the launch of Declaration+25 and the Tracker on Freedom of Association and Assembly in Africa This was followed by the publication of the final communiqué. 

The 81st session’s theme was “Educate an African fit for the 21st Century”. It was attended by 631 participants, including: 122 representatives of 28 State parties; 11 representatives of African Union (AU) institutions; 2 representatives of regional economic communities; 27 of international organisations; 45 representatives of national human rights institutions; 372 representatives of non-governmental organisations; 12 representatives of the press; and 40 staff members of the African Commission’s own Secretariat. 

10 speakers took the floor during the opening ceremony of the 81st session. This included Hannah Forster, from the African Center for Democracy and Human Rights Studies, who spoke on behalf of the NGO Forum held before the ACHPR’s session – and to which ISHR participated – and called attention to the shrinking civic space in many African countries, notably Burkina Faso, Mali, and others, owing to the threats, risks, and reprisals – extrajudicial killings, enforced disappearances, forced conscription, etc. – increasingly faced by human rights defenders. The Chairperson of the African Commission, Commissioner Rémy Ngoy Lumbu, also took the floor and spoke on the threats, risks, and reprisals against human rights defenders, shrinking of civic space, and restriction of civil and political rights in Côte d’Ivoire, the DRC, Kenya, Uganda, Tunisia, and Burkina Faso. He also applauded the work of the NGO Forum, stating that “Africa will only get better with a strong civil society”. 

15 panels were organised during the session, including, notably, the Panel on the Impact of Article 59 of the African Charter on Human and Peoples’ Rights on the Communications Procedure of the African Commission. Indeed, ISHR is part of the Article 59 campaign, which aims for a progressive interpretation of article 59 in accordance with international standards, to allow for greater transparency, access to information, and participation of civil society in the proceedings of the African Commission, as ISHR called for in its statement under item 3. 

2 States had their periodic report considered by the African Charter during the 81st session, Burkina Faso and Angola, for which ISHR submitted shadow reports. ISHR’s shadow reports drew attention to, among other things, to the shrinking civic space, restrictions on freedom of expression, association, assembly and the press in Angola and cases of torture, arbitrary detentions, and forced conscription in Burkina Faso. Two other States whose periodic reports were supposed to be considered, Ethiopia and Mauritius, were not reviewed and were instead postponed to the next ordinary session in April 2025. 

The 11 Commissioners further presented their intersession activities reports. Commissioner Rémy Ngoy Lumbu presented his Activities Report as the Chairperson and the Special Rapporteur on Human Rights Defenders and Focal Point on Reprisals in Africa, drawing attention, among other things to the African Commission’s Guidelines on Freedom of Association and Assembly in Africa and the new tracking tool on freedom of association and assembly in Africa, developed thanks to the Special Rapporteur’s Support Group, of which ISHR is a member. ISHR further intervened during the presentation of the activities report, notably calling on the Special Rapporteur to release his report on reprisals, to which the ISHR has contributed, while also drawing attention to the human rights situations in Liberia, the Democratic Republic of the Congo, Sierra Leone, Angola, Côte d’Ivoire – in cooperation with our partner the Coalition ivoirienne des défenseurs des droits humains on the situation of LGBTQI+ defenders – and Uganda, noting in particular, in the latter, the alarming rise in enforced disappearances, torture, and other persecutions against human rights defenders, especially environmental defenders, and calling for a country visit of the Special Rapporteur to Uganda. 

Finally, the 81st ordinary session also saw the celebration of African Human Rights Day and the entry into force of the Protocol on the Rights of Older Persons in Africa. ISHR co-organised a number of side events including a side event on the 25th anniversary of the United Nations Declaration on Human Rights Defenders, which was attended by Commissioner Ngoy Lumbu and launched Declaration+25, a supplement to the original UN Declaration on human rights defenders to improve the overall normative protection of human rights defenders. ISHR also co-organised a side event on the situation in Palestine and its relevance for the African human rights system.

27 resolutions were adopted by the African Commission: 

Special Mechanisms Resolutions

Resolution on the Renewal of the Mandate and Reconstitution of the Committee for the Prevention of Torture in Africa and the Appointment of its Members

Resolutions on the Renewal of the Mandate of the Special Rapporteur on Prisons, Conditions of Detention, and Policing in Africa

Resolution on the Renewal of the Mandate of the Special Rapporteur on Freedom of Expression and Access to Information in Africa

Resolution on the Extension of the Mandate of the Advisory Committee on Budgetary and Staff Matters (ACBSM) to include supervision of audit functions

Resolution on the Renewal of the Mandate of the Advisory Committee on Budgetary and Personnel Matters

Resolution on the Renewal of the Mandate of the Working Group on Communications

Resolution on the Renewal of the Mandate of the Special Rapporteur on the Rights of Women in Africa

Resolution on the Renewal of the Mandate of the Special Rapporteur on Human Rights Defenders and Focal Point on Reprisals in Africa

Resolution on the Renewal of the Mandate of the Working Group on Economic, Social, and Cultural Rights in Africa

Resolution on the Renewal of the Mandate and Reconstitution of the Working Group on Extractive Industries, the Environment, and Human Rights Violations in Africa

Resolution on the Renewal of the Mandate of Certain Expert Members of the Working Group on Indigenous Populations/Communities and Minorities in Africa

Resolution on the Renewal of the Mandate of the Working Group on the Death Penalty, Extrajudicial, Summary, or Arbitrary Executions, and Enforced Disappearances in Africa; 

Resolution on the Renewal of the Mandate of the Support Group of the Special Rapporteur on Human Rights Defenders and Focal Point on Reprisals in Africa for the promotion and effective implementation of the Guidelines on Freedom of Association and Assembly in Africa

Country Resolutions

Resolution on the Renewal of the Mandate of the Joint Fact-Finding Mission to the Republic of the Sudan

Resolution on the Impact of Sanctions on the Realisation of Human Rights in Zimbabwe 

Resolution on the Pre- and Post-Electoral Instability in Mozambique

Resolution on the Situation of Human Rights Defenders Working on Environmental Issues in Uganda

Resolution on the Situation in Palestine and the Occupied Territories 

Thematic Resolutions

Resolution on the United Nations General Assembly Biannual Vote Calling for a Moratorium on the Use of the Death Penalty

Resolution on the Promotion of the Use of Indigenous Languages as a Means of Learning and Communication in the Implementation of the African Continental Free Trade Area

Resolution in Preparation for the African Union Theme for 2025 “Justice for Africans and People of African Descent through Reparations” through consultations on Afro-Descendants, Indigenous/Ethnic Ancestry, Reparations, and the 6th Region of the African Union

Resolution on the Entry into Force and Implementation of the Protocols on the Rights of Older Persons and on the Rights of Persons with Disabilities in Africa

Resolution on the Drafting of a General Comment on Article 26 of the African Charter on Human and Peoples’ Rights

Resolution on the Promotion and Harnessing of Access to Data as a Tool for Promotion of Human Rights and Sustainable Development in the Digital Age

Resolution on the Protection and Promotion of the Rights of Communities Discriminated by Work and Descent (CDWD) in Africa

Resolution on the Creation of the Nelson Rolihlahla Mandela African Human Rights Scholarship in Recognition of His Legacy

The African Commission will hold an extraordinary session from 2 to 6 December 2024 in Dakar (Senegal), the next private ordinary session will be held virtually 25 February to 11 March 2025, and information on the next public ordinary session will be announced later.