ACHPR81: New tool to measure the protection of the right to defend rights in Africa

As part of its 81st Ordinary Session in Banjul, The Gambia, the African Commission on Human and Peoples’ Rights (‘the African Commission’) held a Panel on the Situation of Human Rights Defenders in Africa, on 17 October 2024. The panel featured speakers from the International Center for Not-for-profit Law (ICNL) and the Network of African National Human Rights Institutions (NANHRI). The panel was chaired by the Chairperson and Special Rapporteur on Human Rights Defenders in Africa, Commissioner Rémy Ngoy Lumbu.

During the panel, a new tool was introduced: a tracker monitoring legislation on the protection of human rights defenders in Africa by country, their level of development, implementation, and compliance with international and regional standards. The tool looks at important legislation, regulation, and judicial decisions in each country, in particular concerning freedom of association and assembly. Furthermore, this tool, developed by ICNL, ranks countries as ‘compliant’, ‘partially compliant’, or ‘non-compliant’, based on international and regional standards.

Following the presentation of the various features, a discussion was held with the people in attendance. NANHRI elaborated on the relevance of this tool for national human rights institutions in Africa. The delegation of Algeria enquired about the exact mechanisms, standards, and processes to determine how and why a country is labeled ‘compliant’, ‘partially compliant’, or ‘non-compliant’.

During the discussion, Commissioner Sow commented on the general situation of human rights defenders in Africa and the trends regarding freedom of association and assembly on the continent. ‘The freedom to protest should be the rule and its prohibition the exception, but the trend is toward the opposite,’ he said. This sentiment was echoed by Chairperson Ngoy Lumbu in his conclusory remarks.