Newsletter

1. African Commission on Human and Peoples’ Rights (ACHPR)

The ACHPR is a quasi-jurisdictional body, within the framework of the African Union, whose main function is to protect and promote human and peoples’ rights in African countries. Among its functions are to process complaints from individuals or States about human rights violations committed by States in the region, and to receive periodic reports from States on the human rights situation in their country.

News from the ACHPR:

A) ACHPR Condemns Excessive Use of Force in Nigerian Massive Protests

– On August 8, 2024, the ACHPR expressed deep concern over human rights violations during the response to mass protests in Nigeria, which resulted in at least 13 deaths.

Source: CNN. “Police fire tear gas during a protest against Nigeria’s cost of living crisis in Abuja”.
Olamikan Gbemiga/AP/File. Link of the image: here.

The protests, held from August 1 to 10 under the hashtag #EndBadGovernance, were fueled by rising living costs. Reports presented to the ACHPR detailed violent clashes beginning on August 2, during which Nigerian security forces used excessive force against protesters.

The ACHPR emphasized that the killing of individuals by security agents could constitute a violation of Article 4 (right to life) of the African Charter. It reminded Nigerian authorities of its case law, particularly the General Comment on the Right to Life under Article 4, which prohibits excessive use of force by state agents.

In response to these events, the ACHPR issued key recommendations to the Nigerian government, urging: a) respect for the right to peaceful protest as part of freedom of assembly and association; b) immediate cessation of actions by security forces resulting in deaths, ensuring compliance with constitutional and human rights standards; c) independent investigations to hold perpetrators accountable; d) adoption of corrective measures and facilitation of inclusive dialogue involving protesters, civil society organizations, and other relevant stakeholders.

The ACHPR’s statement underscores the urgent need for Nigeria to uphold human rights and ensure accountability in addressing the protests’ underlying causes. The statement can be found here.

B) ACHPR Denounces Migrant Deaths in Algerian Desert

– On July 18, 2024, the ACHPR issued a press release addressing the deaths of 12 Syrian migrants, including children, in the Algerian desert near the Libyan border.

Source: Rawpixel. Link of the image: here. Link of the license: here.

These tragedies highlight the severe risks and hardships faced by migrants using overland routes across Africa toward the Mediterranean. Reports also indicate that several individuals remain missing, while other bodies of sub-Saharan migrants have been found along the Mali-Algeria border.

The ACHPR confirmed that the deaths were caused by extreme environmental conditions, including soaring temperatures, dehydration, and starvation. It referenced its Resolution No. 486 (2021) on missing migrants in Africa and the grave consequences for their families, emphasizing the escalating dangers associated with irregular migration.

A recent UNHCR report revealed that between 2021 and 2024, over 1,031 refugees and migrants perished on migratory routes. It also found that land routes through the Sahara are twice as deadly as sea routes in the central Mediterranean, making desert crossings among the most perilous migratory journeys.

The ACHPR called on States to fulfill their obligations under the African Charter and other human rights instruments, urging them to adopt robust measures to ensure the safety and protection of all migrants, regardless of origin or status, at every stage of their journey. The press release can be found here.

2. African Court on Human and Peoples’ Rights (ACtHPR) 

The ACtHPR is the judicial arm of the African Union and one of the three regional human rights courts. It was established to protect human and peoples’ rights in Africa principally through judicial consideration of human rights complaints. The Court’s permanent seat is in Arusha, Tanzania.

News from the ACtHPR:

A) ACtHPR Concludes Public Hearing on Case Concerning Persons with Albinism in Tanzania

– On September 12, 2024, the ACtHPR concluded its public hearing in the case Human Rights Center and Others v. Tanzania (Application No. 019/2018), which addresses alleged widespread human rights violations against persons with albinism in Tanzania.

Source: Wikimedia Commons, the free media repository. File: Albino woman in canoe. Author: Ferdinand Reus.
Date: December 2, 2007. Link of the image: here. Link of the license: here.

The applicants, including the Human Rights Center, the Institute for Human Rights and Development in Africa, and the Legal and Human Rights Center, claim that persons with albinism face severe threats to their safety, including attacks, murders, mutilations, and systemic persecution, due to inadequate State protection.

During the hearing, witnesses shared testimonies of harassment, violent assaults, social exclusion, and marginalization, highlighting the challenges faced by this vulnerable group. In response, the Tanzanian State presented evidence of measures it claims to have implemented to safeguard the rights of persons with albinism. These include prosecuting perpetrators of human rights violations, distributing sunscreen, hats, and special educational materials for children, and conducting awareness campaigns to combat discrimination.

Despite these efforts, the applicants argue that Tanzania’s actions fall short of its obligations under the African Charter, citing ongoing severe violations. With submissions from all parties now completed, the ACtHPR will begin deliberations, and a judgment will be issued at a later date to be announced. The press release can be found here.

B) ACtHPR Releases Fifth Volume of Law Report Covering 2021 Decisions

– On August 15, 2024, the ACtHPR published its Fifth Law Report, which compiles the Court’s judgments, orders, and advisory opinions issued in 2021.

The report includes 61 decisions, along with separate and dissenting opinions, advisory opinions, procedural orders, and provisional measures. Each headnote provides a concise summary of the case, addressing key rights such as dignity, equality, fair trial, non-discrimination, property, political participation, and work, among others.

The report highlights notable cases, such as Zinsou & Ors v. Benin, where applicants sought provisional measures for an independent investigation into a student’s death during a university demonstration. The ACtHPR declined the request, reasoning that granting the measures would prejudge the merits of the case. Another significant case is Fory v. Côte d’Ivoire, involving a former State official who alleged violations of his rights after being charged with fraud, subjected to prolonged detention, and imprisoned twice. The ACtHPR found that his right to be tried within a reasonable time had been violated.

This volume serves as an important reference for understanding the ACtHPR’s approach to human rights protection in Africa. The report and the press release can be found here.