250: Resolution on the renewal of the mandate of the working group on the tights of older persons and people with disabilities in Africa

The African Commission on Human and Peoples’ Rights (the Commission), meeting at its 54th Ordinary Session from 22 October to 5 November 2013, in Banjul, The Gambia;

Recalling its mandate to promote and protect human and peoples’ rights in Africa under the African Charter on Human and Peoples’ Rights (the African Charter) ; 

Bearing in mind the African Union Policy Framework and Plan of Action on Ageing in which “State Parties recognized the fundamental rights of older persons and committed themselves to abolishing all forms of discrimination based on age”, and undertook “to ensure that the rights of older persons are protected by appropriate legislation, including the right to organize themselves in groups and the right to representation in order to advance their interests”;

Recalling its Resolution ACHPR/Res.106 (XXXXI) 07 of 30 May 2007, on the Rights of Older Persons in Africa, adopted at the 41st Ordinary Session, held from 16 to 30 May 2007, in Accra, Ghana; 

Further recalling its Resolution ACHPR/Res.118 (XXXXII), on the Appointment of a Focal Point on the Rights of Older Persons in Africa, that was adopted at the 42nd Ordinary Session, held from 15 to 28 November 2007 in Brazzaville, Republic of Congo;

Further recalling its Resolution ACHPR/Res.143 (XXXXV) 09 transforming the Focal Point on the Rights of Older Persons in Africa into a Working Group on the Rights of Older Persons and People with Disabilities in Africa; 

Considering that the African Charter makes specific provisions for the protection of these rights, under Article 18 (4), which stipulates that “the aged and the disabled shall also have the right to special measures of protection in keeping with their physical or moral needs”;

Considering further paragraph 20 of the Kigali Declaration which “calls upon Member States to develop a Protocol on the protection of the rights of people with disabilities and the elderly”; 

Bearing in mind the mandate of the Focal Point which includes, among others, “leading the process of drafting a Protocol on the Rights of Older Persons for submission to the AU Policy Organs for consideration and adoption as soon as possible”;

Appreciating the work of the focal point in advocating for a rights-based approach towards protecting the rights of older persons;

Considering the mandate assigned to the Working Group on the Rights of Older Persons and People with Disabilities, and to facilitate the process of drafting the Protocol on Ageing, ensuring compliance by State Parties with the recommendations contained in the AU Policy Framework and Plan of Action on Ageing; 

Recalling Resolution ACHPR/Res.189 (XLIX) 2011 adopted during the 49th Ordinary Session held in Banjul, The Gambia, from 28th April to 12th May 2011, increasing the number of Experts of the Working Group to effectively implement its mandate;

Further recalling Resolution ACHPR/Res.200 (L) 11 on the renewal of the mandate and appointment of the Chairperson and other Members of the Working Group on the Rights of Older Persons and Persons with Disabilities in Africa; 

Recognizing the work and the outstanding achievements made by the Chairperson and Members of the Working Group, with specific reference to the draft Protocol on Older Persons, adopted by the Commission at the 52nd Ordinary Session, held from 9 to 22 October 2012 in Yamoussoukro, Côte d’Ivoire;

Considering that the two-year mandate of the Chairperson and other Expert Members of the Working Group has come to an end; 

Considering the need to allow the Working Group on Older Persons and People with Disabilities to continue to carry out its mandate and to address urgent related matters;

Decides to:

i.       Re-appoint for a period of two years, with effect from 5 November 2013, the mandate of Commissioner Yeung Kam John Yeung Sik Yuen as Chairperson;

ii.      Re-appoint Commissioner Reine Alapini Gansou and Commissioner Pansy Faith Tlakula as members of the Working Group for the same period;

iii.     Appoint, for the same period, Commissioner Lawrence Murugu Mute as member;

iv.     Renew for the same period the mandate of the following members:

        -            Mr Tavengwa Machekano Nhongo;

        -            Ms Nadia Abdel-Wahab El-Afify;

        -            Dr Isabelle Anita Gbemisola Aboderin; and

        -            Mr Kudakwashe Dube.

Done in Banjul, The Gambia, 5 November 2013