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.

A) ACHPR Adopted Resolution on the Environmental Defenders’ Situation in Ugand

– On November 14, 2024, the ACHPR adopted Resolution No. 613, condemning the countless events of reprisals against environmental defenders in Uganda.

Source: Flickr. Villagers discuss human rights and land issues at Tetugu village, northern Uganda.
Date: April, 2012. Link to the license: here.

The ACHPR revealed a dramatic increase in attacks against human rights defenders and people peacefully exercising their fundamental rights and freedoms, particularly those opposing the East African Crude Oil Pipeline (EACOP) and other projects that harm the environment and biodiversity. It also noted the existence of multiple forms of judicial abuses, such as arbitrary and illegal detentions, incommunicado detentions, excessive use of force, torture, and other forms of ill-treatment against environmental activists and human rights defenders.

In addition, the ACHPR expressed concern for the mass detentions in the country, such as when 30 anti-oil protesters were arrested in front of the Chinese embassy or when 47 anti-EACOP activists were detained while peacefully protesting against the construction of the pipeline. Other serious events condemned by the ACHPR are the enforced disappearance of Stephen Kwikiriza, an environmental human rights defender who was documenting violations in the Kingfisher Development Area, who was disappeared for 5 days and subjected to ill-treatment during and after his release; and the harassment suffered by Bob Barigya, who was assaulted by 15 police officers while trying to hold a public debate at EACOP in 2023.

The ACHPR emphasized that these actions violate Uganda’s obligations under its Constitution, as well as international and regional human rights standards. In this regard, it urged the State to fully guarantee the fundamental rights to freedom of expression, peaceful assembly, protest and association, and put an end to the attacks, arbitrary detentions, ill-treatment, and harassment, among other forms of reprisal suffered by activists and environmental defenders, thus promoting an environment where they can work without fear of retaliation. Furthermore, the ACHPR called on Uganda to conduct impartial and prompt investigations into all allegations of human rights violations, hold perpetrators accountable, and ensure the protection of activists and defenders. The resolution 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.

A) ACtHPR Found Tanzania Internationally Responsible for Violating Right to Life and Dignity Through Mandatory Death Penalty.

– On November 13, 2024, the ACtHPR ruled that Tanzania violated the African Charter on Human and Peoples’ Rights by imposing the death penalty by hanging.

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 case was brought by Rashidi Romani Nyerere, a Tanzanian citizen held at Ruanda Central Prison in the Mbeya region, who had been sentenced to death by hanging after being convicted of murder.

The ACtHPR found Tanzania responsible for the violation of Article 4 (right to life) of the Charter, by determining that the mandatory nature of the death penalty denies judicial officers discretion. It also declared the violation of Article 5 (right to dignity) of the Charter, because the execution of the death penalty by hanging constitutes a direct affront to human dignity, even though Nyerere had not been subjected to torture while in custody. These violations of Articles 4 and 5 led to a breach of Article 1 (obligation to adopt legislative and other measures) of the Charter, as Tanzania maintained the mandatory death penalty and the inhumane method of execution in its laws.

The ACtHPR ordered Tanzania to take all necessary measures to abolish the mandatory death penalty from its legal framework, ensuring compliance with the Charter’s provisions. The decision highlights the ACtHPR’s commitment to protecting fundamental rights and addressing inhumane practices in criminal justice systems across the continent. The judgment can be found here and the summary here.