African Commission: Alert to NGO Forum and 81st Ordinary Session

(Events are scheduled as per The Gambia time, GMT + 0)

This is an in-person session with commissioners and all the participants including State representatives and members of civil society organisations required to be present in Banjul, unlike the hybrid 79th Ordinary Session organised in April from 14 May to 3 June 2024. All the official documents on the 81st Ordinary Session are available on the African Commission’s website.

How can you follow the session?

17 October to 27 October 2024 – Public Session in Banjul:
https://www.youtube.com/channel/UCgwJmiMTr59J0jYZJJtfzuw

ISHR will monitor and report on key developments at the 81st ordinary session of the African Commission. Follow us on Twitter at @ISHRglobal, @ISHR_fr and at #ACHPR73.
Our staff can also be followed @TMakunya and @AITremblay.

What will ISHR do during this session?

 During this session, ISHR will make several statements under Items 3 and 5:

• Human Rights Situation in Africa (item 3)
• Activity Reports (item 5)
  • Special Rapporteur on Human Rights Defenders and Focal Point on Reprisals in Africa

Side events

During this session, ISHR will co-sponsor and be involved in the following side events:

• Countering Restrictive Civic Space Laws in Côte d’Ivoire: This event co-organised with the Coalition ivoirienne des défenseurs des droits humains (CIDDH) and the International Center for Not-For-Profit law (ICNL) aims to review the impact of recent laws on civic space and the role of various stakeholders to countering them. Date: 18 October 2024
• Advancing the Protection and Promotion of Environmental Rights in Africa: This event co-organised with UN Environmental Programme (UNEP), the Environmental Rights Agreement (ERA) Secretariat, the Alliance for Land, Indigenous and Environmental Defenders (ALLIED), DefendDefenders, the American Bar Association Center for Human Rights (ABA CHR) and the African Commission on Human and Peoples’ Rights is a discussion on the state of environmental rights protection across Africa, the situation of EHRD in Africa, the existing regional environmental rights frameworks. It will provide an opportunity to share lessons learned, discuss the way forward, and generate wider support for improved protection of environmental rights through a regional framework. Date: 16 October 2024
• Why Palestine is an Issue for the African Human Rights System? : This event will interrogate the role the African Charter, its prime monitoring body, the African Commission on Human and Peoples’ Rights, and African civil society movements could play to ensure Palestinians inalienable rights, including right to self-determination, and the right to be free from apartheid and genocide are respected, the legal and extra-legal tools that could be used and how best to engage states to ensure their obligations under the African Charter, in so far as their engagement with Israel is concerned, are respected. Date: 16 October 2024. Venue: Thematic Room, Sir Dawda Kairaba Jawara International Conference Center.

NGO Forum

The Forum on the Participation of NGOs in ordinary sessions of the African Commission on Human and Peoples’ Rights (African Commission), also known as the ‘NGOs Forum’, is an advocacy platform coordinated by the African Centre for Democracy and Human Rights Studies (ACDHRS) to promote advocacy, lobbying, and networking among and between human rights NGOs – with Commissioners sometimes attending some of the events – for the promotion and protection of human rights in Africa. The NGOs Forum shares updates by international and local NGOs on the human rights situation in Africa, with the aim of promoting and protecting human rights on the continent. Its relevance is enhanced by the fact that at the official opening of the African Commission session, a representative of the NGOs Forum shares with the wider audience resolutions adopted at the Forum and their implication for the protection of human and peoples’ rights in Africa.

The NGO Forum will be held in-person in Banjul, The Gambia. The discussions at the Forum will be centred around the African Union’s theme of the year: ‘The Year of Education: “Educate an African Fit for the 21st Century: Building Resilient Education Systems for Increased Access to Inclusive, Lifelong, Quality, and Relevant Learning in Africa”’.

The NGO Forum will cover the following thematic areas:

• Building Resilient Education Systems in Conflict-Affected Areas: education systems in conflict-affected areas that need to withstand the disruptions caused by ongoing violence and instability. This theme will explore strategies to protect education in conflict zones, ensuring that children continue to learn despite challenges.
• Elections and Democratic Processes in Africa: free and fair elections are critical to the functioning of democracy in Africa. The Réseau des défenseurs des droits humains en Afrique centrale (REDHAC) actively observed the electoral process in the Democratic Republic of the Congo. Additionally, REDHAC closely monitored the security situation involving the M23 rebel group and the Congolese government in the eastern regions of Ituri and North Kivu, the Democratic Republic of Congo. These areas have been marked by widespread atrocities, human rights violations, and a significant number of internally displaced persons. This theme will explore the role of elections in promoting political stability, the challenges of conducting elections in conflict-prone regions, and the importance of electoral reforms to strengthen democratic processes across the continent.

• Human Rights Violations and Education: Addressing the Impact of Political Instability: political instability remains a key factor undermining education in Africa. Military coups, weak governance, and ethnic conflicts are destabilising education systems, and depriving children of their right to education. Tunisian authorities are still violating human rights norms and principles which are documented in credible reports such as torture by government agents; arbitrary arrests or detentions; serious problems with the independence of the judiciary; serious restrictions on freedom of expression and media, including arrests or prosecutions of journalists and censorship. This theme will focus on how political instability and human rights violations intersect to create barriers to education, and how these challenges can be addressed through reforms and international cooperation.
• Migration and Vulnerable Groups: Ensuring Inclusion and Access to Rights: migration driven by conflict, poverty, and climate change continues to affect millions of people across Africa. This theme will be centred on the unique challenges faced by vulnerable groups, including women, children, and people with disabilities, in accessing education, employment, and basic services. Inclusive policies are necessary to ensure that these groups are not left behind in the development process.
• Civic Engagement and Freedom of Assembly in the Educational Context: civic engagement and the right to freedom of assembly are critical to advancing educational rights in Africa. This theme will explore how civil society, students, and educators can play a role in advocating for reforms, even in repressive political environments. The theme links directly to the larger issue of democratic governance and the need for a strong civil society to protect human rights, including the right to education.
• Conflicts in Africa: Addressing the Root Causes: conflicts remain persistent challenges to peace and development across Africa. This theme will emphasise on addressing the underlying causes of conflict, including ethnic tensions, competition for resources, and weak governance. By tackling these root causes, African countries can work towards building more stable and peaceful societies.
• Protection of Human Rights Defenders in the Education Sector: human rights defenders working in the education sector often face significant risks, especially in regions where education is under attack by extremist groups or where governments are hostile to civil society activism. This theme will bring attention to the need for stronger protection mechanisms for those defending educational rights and the critical role they play in ensuring that all children have access to education.

• Gender-Based Violence and Education: Ensuring Safe Spaces for Girls: gender-based violence remains a significant barrier to education for girls in many parts of Africa, particularly in conflict zones where schools are targeted by extremist groups. The Gambia has registered 575 cases of Gender-Based Violence in 2023 with one in every four women having experienced sexual or physical violence at some point in her life, aligning unfortunately with the global rate.9 In Mali, more than 35% of Malian women experience sexual violence at least once in their lives, but the actual figures are much higher, as many of the victims often do not have the opportunity to seek help. This theme will concentrate on the importance of creating safe educational spaces for girls and addressing the broader impact of gender-based violence on their educational outcomes.
• Unconstitutional Changes of Government: Threats to Democracy and Stability in Africa: unconstitutional changes of government, such as military coups, have become more frequent in Africa, posing serious threats to democracy and stability. This theme will focus on the implications of these power grabs for governance and development, and explore strategies to promote democratic resilience across the continent.

• Displacement and Education: Addressing the Needs of Forcibly Displaced Children: forced displacement due to conflict, violence, and environmental crises has created an education crisis for millions of children across Africa. This theme will explore the challenges of providing education to displaced populations and propose solutions to ensure that these children are not left behind.
• Countering Violent Extremism through Education: education is a powerful tool for preventing violent extremism by addressing the root causes, such as poverty, lack of opportunity, and marginalisation. This theme will be centred on the role of education in countering extremist narratives and promoting peacebuilding in fragile States.
• Digital Learning and the Future of Education in Africa: digital learning offers significant potential for increasing access to education in Africa, particularly in regions where traditional education systems have been disrupted by conflict, displacement, or economic barriers. This theme will bring to light how technology can bridge the gap in education access and equip African students with 21st-century skills, ensuring they are prepared for the future.

• Networking for Human Rights in Africa, adoption of strategies, best practices for contribution towards the attainment of peace, security and development in Africa.

• Special Interest Group Discussions, which will allow participants to identify recommendations to address challenges raised in panel discussions.

Panel discussions will revolve around 12 themes:

• Education in Crisis: Protecting Learning in Conflict Zones
• No One Left Behind: Addressing the Needs of Vulnerable Migrants in Africa’s Development Agenda
• The Rise of Coups: Unconstitutional Changes of Government and their Impact on Democracy and Development in Africa; commemorating International Democracy Day
• Human Rights Defenders and the Fight for Educational Rights
• Breaking the Cycle: Addressing Ethnic Tensions, Resource Competition, and Governance Failures to Build Sustainable Peace in Africa: Crises in Sudan
• Education Under Attack: the Gendered Impact of Violence on Girls’ Education
• Leveraging Technology to Build 21st Century Skills
• Learning on the Move: Providing Education for Displaced Populations
• Ensuring Free and Fair Elections in Africa: Challenges and Opportunities for Strengthening Democratic Processes; Peace and Security on the Sahel
• The Role of Education in Countering Extremism and Promoting Peace
• Safeguarding Civil Liberties: Addressing the Challenges of Freedom of Assembly, Expression and Movement
• Addressing Human Trafficking in Africa: Challenges, Solutions, and Regional Cooperation

What will the NGOs Forum achieve?

The expected outcomes of the NGOs Forum are the following:

• Concrete recommendations on protecting and promoting education in conflict-affected and unstable regions;
• Enhanced collaboration between NGOs, human rights defenders, and the ACHPR in advocating for resilient education systems;
• Increased awareness of the intersections between education and human rights in Africa;
• Report on the special interest groups:
• Adoption of recommendations and resolutions where necessary to highlight them at the opening of the 81st Ordinary Session of the ACHPR;
• Report of the NGOs Forum.

The 81st Ordinary Session of the African Commission on Human and Peoples’ Rights

Panels (Item 4) 

• Panel on the African Guiding Principles on the Human Rights of all Migrants, Refugees, and Asylum Seeks
• Panel on the Situation of Human Rights Defenders in Africa
• Panel on the Celebration of the Entry into Force of the Protocol on the Rights of Persons with Disabilities and Sensitisation for the Entry into Force of the Protocol on the Rights of Older Persons
• Panel on Education and Torture
• Panel on the 20th Aniversary of the Special Mechanism on Freedom of Expression and Access to Information in Africa
• Panel on Economic, Social, and Cultural Rights and National Development Plans in Africa
• Panel on State Reporting
• Panel on the Celebration of the 10th Anniversary of the Luanda Guidelines
• Panel on the Impact of Article 59 of the African Charter on Human and Peoples’ Rights on the Communications’ Procedure of the African Commission
• Panel on the 50th Anniversary of the Entry into Force of the OAU Convention on the Specific Aspects of Refugee Problems in Africa: Assessment, Challenges, and Prospects
• Panel of the Working Group on Extractive Industries
• Panel on Extrajudicial Executions in the Context of Security Challenges: the Example of the Sahel
• Panel on the Mendez Principles

Activity Reports of the Members of the Commission & Special Mechanisms (Item 5) 

1. Chairperson of the ACHPR on activities of the Chairperson & Special Rapporteur on Human Rights Defenders and Reprisals in Africa
2. Special Rapporteur on the Rights of Women in Africa
3. Special Rapporteur on Prisons, Conditions of Detentions, and Policing in Africa
4. Special Rapporteur on Freedom of Expression and Access to Information in Africa
5. Special Rapporteur on Refugees, Asylum Seekers, Internally Displaced Persons and Migrants in Africa
6. Chairperson of the Committee on the Protection of the Rights of People Living with HIV and those at Risk, Vulnerable to, and Affected by HIV
7. Chairperson of the Working Group on the Rights of Older Persons and People with Disabilities in Africa
8. Chairperson of the Committee on the Prevention of Torture in Africa
9. Chairperson of the Working Group on Economic, Social, and Cultural Rights in Africa
10. Chairperson of the Working Group on Death Penalty and Extrajudicial, Summary, or Arbitrary Killings, and Enforced Disappearances in Africa
11. Chairperson of the Working Group on Indigenous Populations/Communities in Africa
12. Chairperson of the Working Group on Extractive Industries, Environment, and Human Rights Violations in Africa
13. Chairperson of the Working Group on Communications.

Launch of ACHPR Documents (Item 7) 

• Launch of the CPTA Newsletter No. 2024
• Launch of the Study on Migration

State periodic reports (Item 9) 

During this session, pursuant to Article 62 of the African Charter which imposes on states the obligation to report every two years on the legislative and other measures taken with a view to giving effect to the rights and freedoms recognised and guaranteed by the Charter, four countries will be reviewed.

• Burkina Faso: A review based on the country report covering the period between 2015 and 2021 (23 October 2024 14:30 – 17:30)
• Republic of Angola: A review based on the country report covering the period between 2016 and 2023 (24 October 2024 14:30 – 17:30)
• Republic of Mauritius: A review based on the country report covering the period between 2019 and 2024 (25 October 2024 9:00 – 10:30)
• Republic of Ethiopia: A review based on the country report covering the period between 2015 and 2023 (26 October 2024 9:00 – 10:30)

What advocacy opportunities does the Commission offer?

• Human Rights Situation in Africa: Under Item 3, civil society organisations with observer status have the possibility to make a statement highlighting specific issues relating to human rights enshrined in the African Charter. This opportunity can be used to call the attention of the Commission on a specific issue or even update the Commission on an issue brought to its attention previously.
• Examination of Country Reports: Under article 62 of the African Charter, States are obliged to submit a report every two years on the legislative and other measures taken with a view to giving effect to the rights and freedoms recognised and guaranteed by the Charter. During the examination process, civil society organisations have the possibility to submit shadow reports ahead of the session during which countries will be reviewed in order to inform the Commission’s recommendations and provide states with guidance on how they can better implement their obligations. CSOs have thus the opportunity to constructively engage with the Commission and States on the realisation of human rights across the continent.
• Country and Special Rapporteurs Mandates:
  • Every Commissioner has under its mandate 5 countries in Africa. During the session, civil society organisations have the opportunity to meet with the Commissioner which has their country under its mandate. It is important to seize this moment to update the mandate on the issues specific to your country and more specifically call his attention to an issue you want him to raise with the State directly or during the session.
  • All year long it is recommended to civil society to share information with Special Rapporteurs. During sessions, civil society organisations can make statements during the presentation of each Commissioner, including Special Rapporteurs, activity reports highlighting important issues of interest.