+220 441 05 05-6 | au-banjul@africa-union.org
The African Commission on Human and Peoples’ Rights (African Commission) continues to follow, with increasing apprehension, the spread of the COVID-19 in Africa and the response of States Parties to the African Charter on Human and Peoples’ Rights (African Charter).
The Commission wishes to recall relevant provisions of the African Charter on Human and Peoples’ Rights (the Charter) particularly Article 4 on the right to life, Article 9 on the right to access to information and Article 16 on the right to health.
The African Commission is deeply concerned about the spread of the novel coronavirus pandemic across the continent under conditions of limited testing affecting 43 States with the number of cases reaching 1788 and increasing steadily every day as at 24 March 2020.
The African Commission is in particular alarmed by the danger that the spread of coronavirus and the increase in the number of cases poses to the health, safety and lives of the people of the continent and thereby threatening the rights to life, health and safety.
The African Commission expresses its grave concern that the transmission of the novel coronavirus has graver risk to the health and life of vulnerable sections of society including, among others, old people, persons with disabilities, and people with weak immunity due to underlying health conditions.
The African Commission also expresses its alarm about the vulnerability to be infected by the virus of homeless people, prisoners, the masses of people living in highly congested and poor neighborhoods like slums lacking sanitation and those who survive on a hand-to-mouth basis, people in IDP camps, refugees, asylum seekers and migrants with devastating consequences, including risk of enduring severe illness and losing their lives without receiving adequate care.
The African Commission fully shares the worries of people across the continent that most States Parties to the African Charter have inadequate health systems and capacities for avoiding the cost to human life after the spread has spiked with surge in community cases, and therefore underscores the imperative of well-crafted preventive and containment plans that are timeously executed, with predictability and consistency.
The African Commission further recalls the obligation that States Parties to the African Charter assumed under Article 1 of the Charter to take appropriate measures to give effect to the rights, duties and freedoms enshrined in the Charter including through taking measures necessary for preventing threats to the life, safety and health of people.
The African Commission while commending the measures that States Parties to the African Charter affected by the virus continue to take, reiterates the imperative of putting in place a well thought out public health emergency plan, for introducing measures for preventing and containing the spread of the virus and for ensuring compliance with such measures.
The African Commission is gravely concerned about the inadequacy of the response measures adopted by some States Parties to the African Charter, the lack of decisive and consistent implementation of the measures adopted by such State actors and the widespread lack of compliance by the public with the measures adopted by States which regrettably undermine the effort to contain the spread of the pandemic.
The African Commission recognizes the legitimacy of the concerns regarding the socio-economic impacts of some of the measures for preventing and containing COVID19 particularly for the socio-economically vulnerable sections of society and, recalling its statement of 28 February on COVID19, reiterates the obligation of States to ensure that the measures adopted comply with the principle of legality, are necessary and proportional to the objective of safeguarding public health and are accompanied by contextually tailored policy measures for mitigating the adverse impacts, particularly on the most vulnerable section of society.
The African Commission underscores a unique feature of the African Charter enshrining the duties of individuals towards family, society, the State and other legally recognized communities and the international community, and further recalls Article 27 (2) of the African Charter, that the rights and freedoms enshrined in the African Charter shall be exercised with due regard to the rights of others and common interest.
In the light of challenges that have emerged in responding to the novel coronavirus and recognizing the need for enabling States Parties to effectively discharge their human rights obligations under the African Charter in responding to COVID19, the African Commission urges the legal necessity for States Parties to comply with the following:
PRESS RELEASE ON THE HUMAN RIGHTS PROMOTION MISSION OF THE AFRICAN COMMISSION ON HUMAN AND PEOPLES' RIGHTS IN THE TOGOLESE REPUBLIC
October 11 , 2022
Press Release on the International Day Against the Death Penalty
October 10 , 2022
Urgent call for the cessation of multiple rights violations against the Benet Mosopisyek Community in the Republic of Uganda
October 04 , 2022
Press release: Mission to promote human rights in the Togolese Republic
September 30 , 2022
March 24 , 2020
31 Bijilo Annex Layout, Kombo North District Western Region P.O. Box 673 Banjul The Gambia Tel: (220) 441 05 05, 441 05 06 Cell-Phone: +220 2304361 Fax: (220) 441 05 04 E-mail: au-banjul@africa-union.org : africancommission@yahoo.com More about us