The African Commission on Human and Peoples’ Rights (the Commission) meeting at its 66th Ordinary Session, held virtually from 13 July to 7 August 2020 in Banjul, The Gambia:
Recalling its mandate to promote and protect human and peoples’ rights in Africa pursuant to Article 45 of the African Charter on Human and Peoples’ Rights (the African Charter);
Reaffirming the rights guaranteed by the African Charter on Human and Peoples’ Rights, the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (Maputo Protocol), the African Charter on the Rights and Welfare of the Child, the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Persons with Disabilities in Africa, The Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Older Persons, the African Youth Charter, the African Charter on Democracy, Elections and Governance, the African Union (AU) Convention Governing Specific Aspects of Refugee Problems in Africa, and theAfrican Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa (Kampala Convention);
Recalling Resolution ACHPR/Res.336(EXT.OS/XIX) 2016 on measures to protect and promote the work of women human rights defenders,Resolution ACHPR/Res.335(EXT.OS/XIX)2016 on the Situation of Internally Displaced Persons in Africa, Resolution ACHPR/Res.333(EXT.OS/XIX)2016 on the Situation of Migrants in Africa, Resolution ACHPR/Res.275(LV)2014 on Protection against Violence and other Human Rights Violations against Persons on the basis of their real or imputed Sexual Orientation or Gender Identity, Resolution ACHPR/Res.259 (LIV) 2013 on Police and Human Rights in Africa,Resolution ACHPR/Res.185(XLIX)2011 on the Safety of Journalists and Media Practitioners in Africa, Resolution ACHPR/Res.196(L)2011 on Human Rights Defenders in Africa, , Resolutions ACHPR/Res.119(XXXXII) 07 and ACHPR/Res.69 (XXXV) 04 on the situation of human rights defenders in Africa,;
Recalling General Comment No.1 on Article 14 (1) (d) and (e) of the Maputo Protocol; General Comment No. 2 on Article 14.1 (a), (b), (c) and (f) and Article 14. 2 (a) and (c) of the Maputo Protocol; General Comment No. 3 On The African Charter: The Right To Life (Article 4); General Comment No. 4: The Right to Redress for Victims of Torture and Other Cruel, Inhuman or Degrading Punishment or Treatment (Article 5) and General Comment No.5 on the African Charter: The Right to Freedom of Movement and Residence (Article 12(1));
Further recalling the Principles on the Decriminalisation of Petty Offences in Africa of 2018,the Guidelines for the Policing of Assemblies by Law Enforcement Officials in Africa of 2017, the African Commission’s Guidelines on Freedom of Association and Assembly in Africa of 2017, the Guidelines on Conditions of Arrest, Police Custody and Pre-trial Detention in Africa of 2015, The Principles and Guidelines on the Implementation of Economic, Social and Cultural Rights in the African Charter on Human and Peoples’ Rights of 2011, the Guidelines and Measures for the Prohibition and Prevention of Torture and Cruel, Inhuman or Degrading Treatment or Punishment in Africa (Robben Island Guidelines) of 2008, Principles and Guidelines on the Right to Fair trial and Legal Assistance in Africa of 2003, the Kigali Declaration of 2003, the Ouagadougou Declaration and Plan of Action on Accelerating Prison and Penal Reform in Africa of 2002, the Grand Bay Declaration and its Plan of Action of 1999, United Nations Declaration on Human Rights Defenders of 1998, Kampala Declaration on Prison Conditions in Africa of 1996;
Further recalling and reaffirming its press statement of 28 February 2020 and its statement on human rights based effective response to the novel COVID-19 virus in Africa of 24 March 2020andthe Statement of the African Commission on Human and Peoples’ Rights on Elections in Africa during the COVID-19 Pandemic of 22 July 2020
Reiterating the Abuja Declaration of 2001 and the Africa Health Strategy 2016-2030;
Noting the efforts of States Parties to the African Charter towards containing the spread of COVID-19 in pursuit of their obligations under Articles 1, 4 and 16 of the African Charter, including in the justice sector such as the suspension of all public court hearings, the suspension of all prison visits, taking health and security measures to prevent or contain the spread of the coronavirus among prisoners, including prison sterilization and disinfection operations and commending the success that some States Parties have registered in containing the pandemic’s community spread and its impact on the health and life of the public;
Considering that COVID-19 carries profound human rights consequences in the short to the long term and that the 66th Ordinary Session of the Commission had a particular focus on human and peoples’ rights in the context of COVID-19 in Africa;
Recognizing the necessity of maintaining the relevant COVID-19 containment public health measures in the face of the threat that the pandemic poses to the right to health and life of the public as its spread in many parts of the continent continues to escalate reaching a total of 736,288 cases as of 21 July 2020 showing an increase of 21% compared to the number of cases reported during the previous week;
Concerned about the disproportionate impact of the restrictions that some of the blanket COVID-19 response measures as instituted by various States Parties brought about on freedom of movement, with excessively adverse consequences on people’s livelihoods and security, their access to health care (including for non-COVID-19 health issues), to food, water and sanitation, work and education;
Alarmed by high incidents of violations of human rights resulting from the highly securitized approach that have been used in many States Parties during the COVID-19 pandemic and subsequent State of Emergencies, that has led to non-compliance by the police with basic human rights standards in the execution of their duties, including excessive use of disproportionate force, extrajudicial killings and summary executions, assault and bodily injury, including sexual violence, arbitrary and illegal arrest or deprivation of liberty, torture, inhumane and degrading treatment, extortion and highly intrusive communication and online surveillance and cyber policing, affecting disproportionately the poor, women, journalists, human rights activists and members of opposition political parties;
Recalling that persons deprived of their liberty run a higher risk of contracting the virus, with a limited possibility of containing it, mainly due to severe overcrowding in prisons and places of detention in many African states, making social distancing and self-isolation in such conditions almost impossible, with inadequate hygiene and health services, among others, while commending States that took steps to release people from prisons to reduce congestion;
Concerned by the increasing number of attacks on human rights defenders, particularly for having criticized the failures in the implementation of COVID-19 response plans, which in many cases have violated the rights of citizens and the arbitrary detention of defenders who have attempted to carry out their human rights promotion and protection activities;
Deeply concerned by the severe socio-economic and humanitarian consequences of COVID-19 and the COVID-19 response measures including the total lockdowns, curfews, closure of economic activities and social services, leading to the disruption of the livelihoods of vulnerable members of society, loss of jobs, household food insecurity, lack of access to social protection, health care services such as sexual and reproductive health including pre- and post-natal care for pregnant women,disruption of educational activities, weakening or disintegration of social systems supporting children, older persons and persons with disabilities, disruption of access to humanitarian assistance for IDPs, refugees, asylum seekers and migrants, mistreatment of migrants, closure of borders for refugees and asylum-seekers and disproportionate impacts on other marginalized sections of society, including youth, the poor, persons in detention, minorities and indigenous populations/communities, LGBTI people and the rise in acts of discrimination against certain groups, as well as hate speech and xenophobia;
Underscoring the need for continental and global cooperation and solidarity, welcoming the communique of the Bureau of the Assembly of the African Union (AU) Heads of State and Government Video Conference of 26 March establishing the Continental Solidarity Anti-COVID-19 Fund and urging creditors of African countries to take debt relief and restructuring measures to enable African countries to respond to the pandemic, and recalling the 20 May 2020 Joint Press Statement of the Chairperson of the Commission and the UN High Commissioner for Human Rights calling for global solidarity;
Deploring the unprecedented scale in the deprivation of the rights of women and girls reported in the context of the pandemic across the continent involving a spike in domestic violence against women and children, the alarming incidents of gender-based and sexual violence, the rise in harmful practices including forced child marriage and female genital mutilation and the heightened burden of women and girls due to the increase in demand for reproductive and household care work;
Welcoming the communique of the 924th session of the Peace and Security Council of the African Union (PSC) on the situation of internally displaced persons (IDPs), refugees, returnees, migrants and peacekeepers in Africa and the adoption by the Office of the United Nations High Commissioner for Human Rights of the Guidelines on COVID-19, calling for solidarity and cooperation to combat the virus andto mitigate the often unforeseen effects of measures to halt its spread on refugees, and expressing its appreciation to those countries that have taken measures to protect asylum seekers, refugees, internally displaced persons, migrants and stateless persons in this period of COVID-19, including by continuing to receive asylum-seekers while most other States are closed, and putting in place measures to enforce hygiene measures and provide food relief to these vulnerable groups;
Also taking note of the communique of the 918th Session of the PSC on the impact of the COVID-19 outbreak on peace and security in Africa which acknowledged that COVID-19 constitutes an existential serious threat to international peace and security, and expressed concern about the impact of the pandemic on conflict prevention, mitigation and post-conflict reconstruction and peacebuilding;
Considering that people living with HIV, those at risk, vulnerable to and affected by HIV may be at greater risk of experiencing severe health complications from COVID-19, compared to the general population, due to their pre-existing conditions;
Considering the negative impact of lockdown measures imposed by States during the COVID-19 pandemic, resulting in closure of markets in indigenous communities which affects their livelihoods, and pastoral activities; inadequate and/or limited access to medical health services; limited access to clean water and sanitation; as well as food insecurity;
Reiterating the human rights necessity for compliance with the principles of legality, necessity, proportionality and non-discrimination in the application of the measures that restrict the normal enjoyment of human rights;
Emphasizing the need for limiting the time and scope of the application of the measures suspending or restricting rights and for bringing such suspension or restriction of rights to a complete end;
Underscoring the need for taking appropriate administrative, economic and social measures for enabling people to comply with the public health measures;
Cognizant of the imperative for addressing the conditions that allowed both the perpetration of violations of human and peoples’ rights during the pandemic, and the inequalities and lack of access to basic needs and services including water, sanitation, hygiene, universal health care, education, sustainable livelihood and employment due to lack of investment in the provision of socio-economic rights and the social and economic infrastructure and institutional and administrative capacities for their delivery;
Underscoring the need for prioritizing investment in economic, social and cultural rights and in the socio-economic and institutional infrastructures and accountable and responsible ethos of public institutions necessary for delivering on access to these rights, with particular attention to the socio-economically marginalized members of society;
Considering that the COVID-19 pandemic has affected all categories of rights enshrined in the African Charter including in particular the right to life, personal safety and security, health, freedom of movement, the right to work, education, food, water, shelter and the right to development;
Reaffirming the centrality of the rights and freedoms enshrined in the African Charter for a successful response to and recovery from the impacts of COVID-19 in order to create socio-economic and governance conditions capable of avoiding the repeat of the damage caused by the COVID-19 pandemic;
The Commission:
Done virtually, 07 August 2020
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