DECISION ON THE MID-TERM ACTIVITY REPORT OF THE
AFRICAN COURT ON HUMAN AND PEOPLES’ RIGHTS
Doc. EX.CL/857(XXV)
The Executive Council,
1. TAKES NOTE of the Mid-term progress Report of the African Court on Human and Peoples’ Rights (the Court) for the period January to June 2014, and the recommendations contained therein;
2. CONGRATULATES the Court for the activities it has undertaken during the period under consideration;
3. WELCOMES the response of Libya to the Court’s Order of Provisional Measures in relation to a matter filed against the State Party before the Court, but NOTES that the response does not indicate the measures Libya has taken to implement the said Order, with regard to allowing “...the accused access to a lawyer of his choosing, family visits and to refrain from taking any action that may affect the Detainee’s physical and mental integrity as well as his health...”;
4. URGES Libya to inform the Court on the concrete measures it has taken to implement the Order of Provisional Measures;
5. TAKES NOTE of the request of the Court for more time to consult and to present the Concept Papers on the establishment of the Legal Assistance Fund, the Continental Judicial Dialogue and a Concrete Reporting Mechanism for the Court in January 2015, and REQUESTS the Court, in collaboration with the PRC, to take all necessary measures to present a progress report to the January 2015 Session of the Executive Council;
6. FURTHER TAKES NOTE of the Concept Paper on the Declaration of 2016 as Africa Year of Human Rights with particular focus on the rights of women, and hereby DECLARES 2016 as African Year of Human Rights with particular focus on the rights of women; on the basis of the Concept Paper;
7. REQUESTS the Court, in collaboration with the PRC, the African Union Commission, the African Commission on Human and Peoples’ Rights and all other relevant stakeholders on the continent, as well as relevant partners, to ensure the effective celebration of 2016, to enhance the promotion and protection of human rights on the continent;
8. TAKES NOTE of the recommendation of the Court for the establishment of an Endowment Fund or Trust Fund for the Court and REQUESTS the Court in collaboration with the PRC and the AUC to undertake a feasibility study on the establishment of such a Fund, including in particular the financial implications on Member States assessment and submit a report to the June 2015 session of the Executive Council;
9. NOTES with concern that, sixteen years after its adoption, only twenty seven Member States of the African Union have ratified the Protocol establishing the Court and only seven of the twenty seven State Parties have made the declaration required under Article 34 (6) of the Protocol, allowing individuals and NGOs to bring cases to the Court;
10. CONGRATULATES the twenty-seven State Parties to the Protocol, and the seven State Parties that have made the declaration required under Article 34 (6) of the Protocol;
11. INVITES those Member States that have not already done so, to accede to the Protocol and make the declaration required under Article 34 (6) of the Protocol, and in this regard URGES concerned Member States that have not already done so, to accede to the Protocol and make the Declaration before January 2016;
12. EXPRESSES ITS APPRECIATION to the Government of the United Republic of Tanzania for the facilities it has placed at the disposal of the Court to enable it function, and urges the Government to take urgent steps to ensure the construction of the permanent premises of the Court as soon as possible;
13. REQUESTS the Court, in collaboration with the PRC, to report at the next Ordinary Session of the Executive Council in June 2014 on the implementation of this decision.