1 AFRICAN UNION UNION AFRICAINE UNIÃO AFRICANA Commission Africaine des Droits de African Commission on Human & l Homme & des Peuples Peoples Rights No. 31 Bijilo Annex Lay-out, Kombo North District, Western Region, P. O. Box 673, Banjul, The Gambia Tel: (220) 441 05 05 /441 05 06, Fax: (220) 441 05 04 E-mail: au-banjul@africa-union.org; Web www.achpr.org INTERSESSION REPORT November 2015-Avril 2016 58 th Ordinary Session of the African Commission on Human and Peoples Rights By Hon. Commissioner Soyata Maiga Vice-Chairperson of the African Commission on Human and Peoples Rights Banjul, The Gambia 6 to 20 April 2016
2 Introduction 1. This report is prepared in accordance with Rule 72 of the Rules of Procedure of the African Commission on Human and Peoples Rights (the Commission). This report provides an account of activities undertaken in my capacity as Vice-Chairperson of the Commission since my election on 4 November at the 57 th Ordinary Session of the African Commission of Human and Peoples Rights held in Banjul (The Gambia) from 4 to 18 November 2015. I. Participation in meetings of AU Policy Organs Addis-Ababa, 21 to 30 January 2016. 2. I participated in meetings of AU policy organs held during the 26 th African Union Summit, including the 31 st Ordinary Session of the Permanent Representatives Committee (PRC) from 21 to 23 January 2016, the 28 th Ordinary Session of the Executive Council from 27 to 28 January 2016 and the 26 th Ordinary Session of the Assembly of Heads of State and Government from 30 to 31 January 2016. 3. At the PRC meeting, I presented the 39 th Activity Report of the Commission and its Mechanisms on behalf of the Chairperson, who was absent with apologies. 4. Representatives of 17 States requested clarifications and made comments and observations on the situation of human rights presented in the report as well as on the delay in implementing the decision of the Executive Council relating to criteria for granting observer status to African NGOs
3 by the Commission. Following discussions and responses provided, the PRC adopted a decision including a certain number of recommendations to the Commission and States Parties concerned. 5. It is worth noting that the 39 th Activity Report of the Commission was adopted and approved for publication by Decision EX.CL/Dec.902(XXVIII) of the Executive Council. II. Participation in other meetings and activities organized on the margins of the 26 th Summit of the African Union. - Participation at the meeting of Bureaus of the African Court on Human and Peoples Rights (the Court) and of the Commission 6. In my capacity as Vice-Chairperson of the Commission, I took part in the 8 th Joint Meeting of the Bureau of the Court and the Bureau of the Commission held on the margins of the 26 th African Union Summit on 29 January 2016 in Addis Ababa, Federal Republic of Ethiopia. 7. Discussions focused on issues of general interest including progress made in the establishment of the legal aid fund for all organs with a human rights mandate, the transfer of communications to the Court by the Commission, progress made relating to joint publications of the two institutions, as well as the dates and venue of the next joint annual meeting between the two institutions.
4 - Launch of Year 2016 declared as African Year of Human Rights with Particular Focus on the Rights of Women 8. I participated in the launch of Year 2016 declared as African Year of Human Rights with Particular Focus on the Rights of Women at an exhibition and joint press conference. The launch ceremony was followed by a joint press conference of all AU organs with a human rights mandate. - Meeting with the Department of Political Affairs and other AU organs with a human rights mandate. 9. I participated in a meeting organized by the Department of Political Affairs with AU organs which have a human rights mandate including the African Court, the Pan African Parliament (PAP), the African Committee of Experts on the Rights and Welfare of Children and the Economic, Social and Cultural Council (ECOSOCC). 10. The meeting was organized to update these organs on information relating to activities in commemoration of Year 2016, their financing and implementation time frames. Issues relating to funds currently available were clarified; these issues were major sources of concern for organs. - Meeting with the Delegation of the European Union at the African Union 11. I participated in two meetings held by the Commission with the Delegation of the European Union (EU). The meeting held with policy advisers of EU member States focused, among other things, on the
5 implementation of activities commemorating the African Year on human rights, relations between the Commission and non-governmental organizations and the involvement of the Commission in human rights observation missions conducted in countries experiencing conflict situations. 12. The meeting with the EU Ambassador dealt with issues relating in particular to challenges in the ratification and implementation of AU treaties on human rights; the partnership between the EU and the Commission including EU support to special mechanisms of the Commission; its support under the new Pan African Programme, and its support project for the implementation of Project 2016. - Meeting with GIZ 13. I participated in a meeting organized by the delegation of the Commission with Dr. Iris Breutz, Team Leader of the GIZ support project at the African Governance Architecture. Discussions focused on GIZ support to the Commission under its 2017-2019 assistance programme. III. Participation at the 19 th Extraordinary Session, 16 25 February 2016, Banjul (Islamic Republic of The Gambia). 14. I participated in the 19 th Extraordinary Session of the Commission held from 16 to 25 February 2016 in Banjul, The Gambia. Several issues were discussed during this session including the consideration and adoption of
6 decisions relating to Communications on seizure, admissibility and merits; concluding observations relating to periodic reports presented by States Parties during the 57 th Ordinary Session, resolutions, promotion mission reports as well as other key documents such as the draft protocol to the African Charter on Human and Peoples Rights on the rights of persons with disabilities. IV. Collaboration with States Parties - Participation at the General Assembly on the Kigali International Conference Declaration (KICD) - 7 and 8 March 2016 in Algiers, Algeria. 15. At the invitation of the Government of the Democratic and Peoples Republic of Algeria, I participated in the 5 th General Assembly of the Kigali International Conference Declaration (KICD) on the role of security organs to end violence against women and girls. The Conference was chaired by His Excellency the Prime Minister and attended by highranking officials including the UN Secretary General, His Excellency Mr. Ban Ki Moon who delivered a strong keynote address highlighting his personal commitment and that of his Institution for the eradication of sexual violence against women. 16. The Chairperson of the African Union Commission was absent with apologies and was represented by the Special Envoy of the African Union for women, peace and security, Ms. Binéta Diop, who shared with participants the vision and perspectives of the continental body as part of
7 its agenda for a greater protection of women who are victims of violence. Representatives of UN specialized agencies including the World Health Organization (WHO), UN Women, the UN High Commissioner for Refugees (UNHCR) and the United Nations Population Fund (UNFPA) shared their commitment and strategies put in place in collaboration with States, law enforcement agencies and NGOS with a view to eradicating sexual violence, particularly during conflict periods. 17. Police and Gendarmerie authorities in Algeria highlighted their successes in this area and assessed their strategies, policies, programmes, financial resources and technologies. 18. At this meeting, I made a presentation on the role and actions of the Commission in combatting violence against women and girls. I highlighted the consequences of violence against women which sometimes result in the death of victims and the fact that sexual abuse is often perpetrated by law enforcement and security officers during repressions of public protests or during armed conflict situations. We reminded that the greatest challenge which must be addressed is the issue of impunity. The lack of adequate responses regarding the right to redress for victims/survivors is also a key issue to be taken into consideration by States in their various strategies. V. Collaboration with UN agencies. - Collaboration with the Office of the High Commissioner for Human Rights 25-28 November 2015 (Zambia)
8 19. I participated in a session organized by the UN High Commissioner for Human Rights on the sidelines of the 1 st Summit of the African Girl held on 27 and 28 November 2015 in Lusaka, Zambia in support of the African Union Campaign to end child marriages and forced marriages in Africa. 20. I made a presentation on the Role of the ACHPR and its mechanism on the rights of women including initiatives taken through country studies, awareness raising seminars and the preparation of the General Observations currently being adopted. 21. The objective of the session, whose theme was on human rights and child marriage, was to assess and measure progress made in reducing child marriages by strengthening legal and policy frameworks on preventing child marriages in African countries including community justice systems. 22. Discussions focused on the contribution of regional and international human rights mechanisms in the fight against child marriages and forced marriages, the identification of best practices at the regional and global level to address the issue, gaining a better understanding of key obstacles and challenges faced by States in this area, strengthening existing cooperation mechanisms and identification of areas for future joint actions. 23. It is important to note that the Summit was organized at the initiative of the Department of Social Affairs of the African Union in collaboration with the Government of Zambia. It was attended by First ladies as well as religious and traditional leaders and especially young girls, victims of the practice from several countries. 24. Discussions focused on the testimonies of girls who were victims and the strong commitment of religious and traditional leaders to end all harmful
9 traditional practices which hinder the physical, economic and social development of girls in Africa. VI- Collaboration with NGOs - Participation in the 32 nd International Conference of the Red Cross and Red Crescent Movement, 8 10 December 2015, Geneva (Switzerland). 25. I participated in the 32 nd International Conference of the Red Cross and Red Crescent Movement and sat on the Discussion panel on sexual and gender-based violence. 26. Discussions during the conference focused on measures to be taken to improve access to as well as the quality of services provided to victims/survivors of sexual and gender-based violence, effective prevention strategies to fight sexual and gender-based violence in situations of armed conflict and natural disasters, the issue of complementarity in the fight against sexual and gender-based violence and resources required to ensure enhanced implementation of existing international and regional legal frameworks which prohibit and punish sexual and gender-based violence. 27. I made a presentation on the role of the Commission in combatting sexual and gender-based violence. In this presentation, I provided an overview of the various forms of violence against women and girls under normal circumstances and during conflict situations as well as their
10 consequences. I made recommendations for an effective protection of women and girls against sexual and gender-based violence. - Participation in the workshop organized by FIDH on combatting sexual violence 8 and 9 February 2016 in Paris, France 28. I was invited to participate in a workshop organized by the International Federation of human rights leagues (FIDH) to discuss components of a project financed by the European Union as part of its support to mechanisms of the Commission including that of the Special Rapporteur on the rights of women in Africa. 29. The project includes two components on the preparation of guidelines for strategies on combatting sexual violence, the preparation of a practical guide for victims of sexual violence to ensure they have effective access to the African human rights protection system. The workshop also discussed the need to establish a pool of lawyers who will accompany and assist women victims of violence before the courts. 30. Lastly, the workshop concluded with the appointment of women ambassadors who would be in charge of promoting the project and giving visibility to the issue of sexual violence and their consequences. VI. Verbal notes 31. During the period under review, a verbal note was sent to the Government of Angola for authorization to conduct a human rights promotion and
11 monitoring meeting in this country. I would like to seize this opportunity to thank the Angolan authorities for replying favourably to our request.