Decision on the Thirty-Seventh Activity Report of the African Commission on Human and Peoples Rights

DECISION ON THE THIRTY-SEVENTH ACTIVITY REPORT OF THE AFRICAN
COMMISSION ON HUMAN AND PEOPLES’ RIGHTS
Doc.EX.CL/887(XXVI)1

The Executive Council,

1. TAKES NOTE of the Thirty-seventh Activity Report of the African Commission on Human and Peoples’ Rights (ACHPR) and the recommendations therein;

2. ALSO TAKES NOTE of the human rights situation in the continent as outlined in the report; CONGRATULATES Member States that have taken positive measures to improve their human rights situation and URGES all Member States to take necessary concerted measures to address the concerns regarding certain situations of non-respect of human rights;

3. REQUESTS the ACHPR and the African Court on Human and Peoples’ Right (AfCHPR) to strengthen their relations of collaboration for harmonious discharge of their respective mandate;

4. NOTES WITH APPRECIATION:

i) the submission by the ACHPR of the first case to AfCHPR; and in that regard, AUTHORIZES the Commission to implement the relevant provisions of Executive Council Decisions EX.CL/Dec.824(XXIV) and EX.CL/Dec.351(XI) with regard to members of the Commission representing ACHPR before the African Court;

ii) the efforts jointly undertaken by the two organs in the preparations for the celebration of 2016 as the African Year of Human Rights with particular focus on the Rights of Women; and in this regard, REQUESTS that the activities in respect of the Year be taken on board during preparation of the 2016 budget.

5. URGES the Commission to expedite the recruitment of staff to the vacant positions in ACHPR within the limits of budgetary provisions;

6. REQUESTS the ACHPR, in consultation with the host country, to report on progress made regarding the building of permanent headquarters for the ACHPR; Further Requests the Commission in consultation with ACHPR, to report on the progress made in the establishment of the ACHPR as an independent organ of the AU;

7. INVITES the ACHPR to provide the Member States concerned by certain paragraphs of the report and the communications therein for such amendments as are deemed necessary and justified;

8. As regards communications 426/12 and 392/10 concerning the Government of Rwanda, Council REQUESTS that the cases in question be expunged from the report of the African Commission for the period June-December 2014 until Rwanda is offered the opportunity of oral hearing on the two cases, as requested through various correspondence to the ACHPR;

9. AUTHORIZES the publication of the 37th Activity Report of the ACHPR;

10. REITERATES its serious concern at the continued illegal occupation of the territories of Western Sahara which could not be visited by ACHPR in line with Executive Council Decision on the matter, DEMANDS expeditious implementation of the various relevant United Nations and African Union Resolutions to actualize as early as possible the long awaited self-determination of the Saharawi people; in that regard, Council RECOMMENDS that AU organize some of its activities in the liberated territories of Western Sahara as a demonstration of solidarity with the Saharawi people in their legitimate aspirations2 ;

11. RECOMMENDS to the Assembly of the Union to adopt a special declaration condemning the holding of the Crans Montana Forum in Dakhla in the occupied territory of Western Sahara 3;

12. ENCOURAGES ACHPR to step up field visits to Member States to not only promote respect for human rights but also to establish the facts in cases of alleged human rights violation;

13. TAKES NOTE of the proposal of the Republic of Benin calling for the ACHPR to follow up on the issue of abolition of death penalty and submit the Cotonou Declaration adopted on the subject at the next Summit in June/July 2015;

14. STRONGLY CONDEMNS the abduction of Chibok girls, women, children and all other persons in the northern part of Nigeria by insurgents and Reiterates the call on Heads of State, the International Community to continue its support to the Government of the Federal Republic of Nigeria, in its efforts to ensure the release of the abducted people and to facilitate a lasting solution to the threat of Boko Haram.