406: Resolution on the Establishment of a Group to Support the Mandate of the SRHRD and Focal Point on Reprisals in Africa for the Promotion and Monitoring of the Effective Implementation of the Guidelines on Freedom of Association and Assembly in Africa

    ACHPR/Res. 406 (LXIII) 2018: Resolution on the Establishment of a Group to Support the Mandate of the Special Rapporteur on Human Rights Defenders and Focal Point on Reprisals in Africa for the Promotion and Monitoring of the Effective Implementation of the Guidelines on Freedom of Association and Assembly in Africa.

    The African Commission on Human and Peoples’ Rights (African Commission), meeting at its 63rd Ordinary Session held from 24 October to 13 November 2018 in Banjul, Republic of The Gambia;

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

    Recalling its Resolution ACHPR/ 69(XXXV) 04 of 4 June 2004 on the protection of human rights defenders in Africa;

    Further recalling its Resolutions ACHPR/Res.119 (XXXXII) 07, ACHPR/Res. 196 (L) 11, ACHPR/Res.125 (XXXXII) 07, ACHPR/Res.248 (LIV) 13 and ACPHR/Res. 273 (LV) 14 on the mandate and situation of human rights defenders in Africa;

    Further recalling its Resolutions ACHPR/Res.151 (XLVI) 09 and ACHPR/Res.186 (XLIX) 11 on the need to conduct a study on freedom of association and assembly in Africa and the appointment of members to the Study Group on Freedom of Association and Assembly;

    Recalling Resolution ACHPR/Res.319 (LVII) 15 of 18 November 2015 on the development of Guidelines on Freedom of Association and Assembly in Africa;

    Considering the expiry of the mandate of the Study Group following the adoption of the Guidelines on Freedom of Association and Assembly in Africa at the 60th Ordinary Session of the African Commission on Human and Peoples' Rights on 22 May 2017 in Niamey, Niger;

    Concerned about the increasing number of attacks on freedom of association and assembly in Africa, particularly in light of current challenges characterised by the gradual restricting of civic space, the adoption/revision by certain States of legislative and regulatory provisions which considerably curtail the exercise of the right to freedom of association and assembly of human rights defenders and civil society organisations and infringe upon the citizen’s enjoyment of the right to freedom of association, assembly and expression;

    Emphasising the importance of freedom of association and assembly in the work of the African Commission and for the effective implementation of the African Union’s Agenda 2063;

    Emphasising further the need to assist States in ensuring the effective implementation of the Guidelines;

    Bearing in mind the difficulty for the African Commission to specifically monitor the implementation of its various instruments given the limited resources it has available to carry out tasks for the realisation of this mission;

    Conscious of the role of National Human Rights Institutions as local partners in the dissemination and promotion of instruments developed and adopted by the African Commission and for monitoring their implementation;

    The Commission decides to:

    1.   Establish, for a period of two (2) years, a Group to Support the Mandate of the Special Rapporteur, tasked with promoting and monitoring the effective implementation of the Guidelines on Freedom of Association and Assembly in Africa with Governments, Parliaments and other State entities, and advocating for the adoption of national laws and regulations that are consistent with the Guidelines;

    2.   Appoint the following organisations as members of the Support Group to conduct activities for the promotion and implementation of the Guidelines under the supervision of the Special Rapporteur on Human Rights Defenders in Africa:

    -          International Service for Human Rights (ISHR);

    -          Institute for Human Rights and Development in Africa (IHRDA);

    -          West African Human Rights Defenders Network (WAHRDN);

    -          East and Horn of Africa Human Rights Defenders Project (EHAHRDP);

    -          African Centre for Democracy and Human Rights Studies (ACDHRS);

    -          Cairo Institute for Human Rights Studies (CIHRS);

    -          Central Africa Human Rights Defenders Network (REDHAC);

    -          Human Rights Institute of South Africa (HURISA);

    -          Network of African National Human Rights Institutions (NANHRI);

    -          International Center for Not-for-Profit Law (ICNL);

    -          Associação Justiça, Paz e Democracia (AJPD);

    -          Southern Africa Human Rights Defenders Network (SAHRDN);

    -          North Africa Human Rights Defenders Network;

    -          Worldwide Movement for Human Rights (FIDH).

     Done in Banjul, Republic of The Gambia, on 13 November 2018

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