Taking stock of the situation of state reporting to the African Commission on Human Rights and Peoples' Rights, in particular the challenges that remain to ensure regular and reliable human rights reporting.
The 81st Ordinary Session of the African Commission on Human and Peoples’ Rights (‘the African Commission’) was an opportunity to take stock of the state’s obligations to report on the situation of human rights in their country. On Wednesday 23 October 2024, in Banjul, The Gambia, Commissioner Essaiem gave a brief presentation on the status of submissions of state party reports to the African Commission under the various African human rights instruments.
The presentation highlighted that state parties are bound to provide periodic reports on the state of implementation of the African Charter on Human and Peoples’ Rights, under article 62; of the Maputo Protocol, under article 26; of the Protocol on the rights of persons with disabilities, under article 34; and, of the Kampala Convention, under article 14. The presentation further highlighted that the Protocol on the Rights of Persons with Disabilities came into force this year, in May 2024, and that two more instruments, the Protocol on the Rights of Older Persons and the Protocol on the right to social protection, have yet to come into force.
The presentation then went on to recapitulate the 79th Ordinary Session of the African Commission, which was publicly held in May-June 2024. The Commissioner recalled the state review of Mozambique, as well as the preparations for the state reports of Burkina Faso, Angola, Ethiopia, and Mauritius, which are scheduled to be considered at the 81st Ordinary Session. On the four states due for review at the 81st Ordinary Session, the Commissioner further explained that Burkina Faso would be presenting its combined 5th, 6th, and 7th report, covering the period of 2015-2021, including reporting on the African Charter, the Maputo Protocol, and the Kampala Convention; that Angola would be presenting a combined report for 2016-2023; that Ethiopia would be presenting a combined 7th, 8th, 9th, and 10th report; and that Mauritius would present a report for 2019-2024 reporting on the African Charter.
Moreover, the Commissioner, in his address, reported on the African Commission’s missions to the Comoros and to Cape Verde, in 2024, which, among other things, sought to engage with said states on state reporting obligations under the African Charter.
On periodic reporting obligations under the African Charter, the presentation highlighted the following state of play: only 10 African states are fully up to date on their periodic reports, i.e. Cameroon, Côte d’Ivoire, Egypt, Eritrea, Kenya, Mauritania, Mozambique, Senegal, Uganda and Zambia; 5 African states are in the process of catching up on their periodic reporting obligations, i.e. Burkina Faso, Angola, Ethiopia, Mauritius and Zimbabwe; 10 are late by one report; 3 are late by two reports; 1 is late by 3 reports; 19 are late by more than three reports; and 6 have never presented a single report in the history of the African Commission.
Similarly, out of the 45 African states party to the Maputo Protocol, only 21 have provided reports; 3 out of 33 for the Kampala Convention; and, 0 out of 15 for the Protocol on the Rights of Persons with Disabilities.
Commissioner Essaiem noted his regret at the tardiness of some states and encouraged them to fulfill their reporting obligations. He also reminded attendees of the existence of the Guidelines on State Reporting, available on the African Commission’s website.
Calling on all African states, including Burkina Faso, Mauritius, and the Democratic Republic of the Congo, to do more to ensure that human rights defenders are safe, protected, and supported in their vital work.
While acknowledging the tremendous contributions National Human Rights Institutions (NHRIs) and civil society organisations continue to make to its promotional and protection activities, the African Commission on Human and Peoples' Rights (the African Commission) reminded these actors of their obligations to submit reports of their activities every two years.
Panellists in an African Commission’s panel reiterated the clarion call for a progressive interpretation of the principle of confidentiality under Article 59(1) of the African Charter to ensure broader participation of individuals and non-governmental organisations to proceedings before the African Commission, and speed up the implementation of the Commission's decisions.
