Members of the African Commission on. over the years ( ) AFRICAN COMMISSION ON HUMAN AND PEOPLES RIGHTS OVER THE YEARS ( )

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1 HUMAN RIGHTS ANNIVERSARY Members of the African Commission on Human and MEMBERS Peoples OF THE Rights over the years ( ) AFRICAN COMMISSION ON HUMAN AND PEOPLES RIGHTS OVER THE YEARS ( ) 1

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3 Statement of the outgoing Chairperson of the African Commission on Human and Peoples Rights Africa continues to face considerable human rights challenges because of the social, political and economic conditions that prevail on the continent. Conflicts and human rights violations have escalated due to the changing contexts of human rights regimes that have structured African political economies since time immemorial, and the consequences of those conflicts have seriously undermined Africa s efforts to ensure long-term stability, prosperity and peace for its citizens. In addition, corruption remains endemic, and the rule of law is still observed more in the breach than in compliance in many African countries. Fortunately, democratization, which has been embraced by some countries in Africa, has considerably improved the prospects for human rights. However, the constraints against human rights still remain daunting. In this regard, the African Human Rights System has provided numerous opportunities which if effectively exploited, can ensure that human right serves the objective of attaining sustainable human development in Africa. The African Human Rights System is anchored in the African Charter on Human and Peoples Rights(the African Charter) which besides providing a range of rights and duties, has also established the African Commission on Human and Peoples Rights (hereafter the Commission), which is the longest existing human rights supervision body on the African continent. The Commission is a quasi-judicial body established under Article 30 of the African Charter to promote human rights and ensure their protection throughout Africa. The Commission became operational in 1987, the year after the African Charter entered into force, and the seat of the Secretariat of the Commission is Banjul, The Gambia, which was inaugurated on 12 June The relevance of the Commission in realizing its dual mandate has been portrayed through its Communications Procedures, Special Mechanisms, research projects in 3

4 collaboration with NGOs and NHRIs, State Reporting Procedure, adoption of Declarations, Principles, Guidelines and Resolutions, and its Sessions. The Commission s success in promoting and protecting human rights in Africa largely depends on the cooperation of State Parties to the African Charter, and other stakeholders in ensuring that its mandate is realized. Member States of the African Union (AU) who have ratified the African Charter and accept monitoring of their human rights record by the Commission, have therefore explicitly accepted the importance of human rights and the need to promote and protect them. This year, the Commission is celebrating 30 years of existence, which amounts to a major milestone, and commemorating it in Banjul, just falls in context as the Commission has been hosted by The Gambia for those number of years. It is however, not only a time to celebrate, but also time to chart the path forward. I have been privileged to serve as a Member of the Commission, and also as the Chairperson of the Commission, and during my tenure, I am delighted to report that the Commission has been very progressive in its mandate of promoting and protecting human rights on the continent. The success story of the Commission is informed by its relationship with stakeholders which has relatively improved over the years. Despite the Commission s limited resources and modest beginnings during the initial period of its establishment, it was still able to carry out its activities through the support of its Partners and other stakeholders. It is important to pause and remember members of the Commission who made an invaluable contribution to its success, including those who are no longer with us. Through your efforts, the Commission has grown in stature and is regarded as Africa s premier body for the promotion and protection of human and peoples rights. It has been a great honour and privilege to serve on this august body. As I hand over the baton to my successor, may the Commission grow from strength to strength. Advocate Pansy Tlakula Outgoing Chairperson of the African Commission on Human and Peoples Rights 4

5 About African Commission on Human and Peoples Rights The African Charter on Human and Peoples Rights established the African Commission on Human and Peoples Rights. The Commission was inaugurated on 2 November 1987 in Addis Ababa, Ethiopia. The Commission s Secretariat has subsequently been located in Banjul, The Gambia. In addition to performing any other tasks which may be entrusted to it by the Assembly of Heads of State and Government, the Commission is officially charged with three major functions: In addition to performing any other tasks which may be entrusted to it by the Assembly of Heads of State and Government, the Commission is officially charged with three major functions: the protection of human and peoples rights the promotion of human and peoples rights the interpretation of the African Charter on Human and Peoples Rights Composition of the Commission The Commission consists of 11 members elected by the AU Assembly from experts nominated by the state parties to the Charter. The Assembly considers equitable geographical and gender representation in electing the members of the Commission. Members of the Commission are elected for a six-year term and are eligible for reelection. Once elected, the commissioners serve in their personal capacity and not as representatives of their respective countries. Previously, some members of the Commission held high political offices at the national level, which affects the Commission s independence. The AU in April 2005 issued a note verbale to member states prescribing guidelines for nomination of members to the Commission which excluded senior civil servants and diplomatic representatives. Bureau of the Commission The Commission elects its Chairperson and Vice-Chairperson as the Bureau of the Commission. They are elected for a term of two years and are eligible for re-election once. The Bureau coordinates the activities of the Commission 5

6 and supervises and assesses the work of the Commission s Secretariat. The Bureau is also empowered to take decisions on matters of emergency between the sessions of the Commission. It is however obligated to present a report on the situation to members at the next session of the Commission. Secretariat of the Commission The Chairperson of the AU Commission appoints the Secretary of the African Commission including other support staff necessary for the effective discharge of the Commission s mandate. The Secretariat provides administrative, technical and logistical support to the Commission. Special Mechanisms The Commission may create subsidiary mechanisms such as special rapporteurs, committees, and working groups. The creation and membership of such subsidiary mechanisms may be determined by consensus, failing which, the decision shall be taken by voting. The Commission shall determine the mandate and the terms of reference of each subsidiary mechanism. Each subsidiary mechanism shall present a report on its work to the Commission at each ordinary session of the Commission. Commissioners are appointed as special rapporteurs, chairpersons or members of Working Groups. Working Groups include also non commissioners. 6

7 Current Members of the Commissioner Maiga has been a member of the Commission since 2007 and is the Vice- Chairperson of the Commission, Chairperson of the Working Group on Indigenous Populations/ Communities in Africa and Chairperson of the Committee on the Protection of the Rights of People Living with HIV and Those at Risk, Vulnerable to and Affected by HIV. Hon. Soyata MAIGA Mali She holds a Master s Degree in Private Law from the National School of Public Administration of Mali where she graduated top of the Law Programme class of She is also a graduate of the National School of Magistracy in Paris (International Section). In her country, she was a member of the Economic, Social and Cultural Council of Mali and a member of the National Human Rights Commission. After serving as a Magistrate for 15 years, she was called to the Malian Bar in Commissioner Yeung Sik Yuen has served as a Commissioner of the African Commission on Human and People s Rights since 2007 and is the Chairperson of the Working Group on Rights of Older Persons and People with Disabilities. Hon. Yeung Kam John YEUNG SIK YUEN Mauritius He obtained his LL. B Degree from the University of Leeds in 1969 and was called to the Bar at Lincoln s Inn in From 1970 to 1972, he read French Law at the Université de Paris II, Panthéon. In 2007, he was appointed as Chief Justice of Mauritius and retired from that post in He is an Honorary Bencher of two Inns of Court, Middle Temple and Lincoln s Inn and is presently a Legal Consultant in Mauritius. 7

8 Commissioner Kayitesi has been a member of the Commission since 2007 and had the honour to chair the institution from 2013 to Hon. Zainabo Sylvie KAYITESI Rwanda She is Chairperson of the Working Group on the Death Penalty, Extra-judicial, Summary or Arbitrary Killings in Africa. She holds a Bachelor of Laws Degree from the National University of Rwanda and attended several training programmes on human rights, one of which resulted in the award of a University Teaching Certificate from the International Institute of Human Rights in Strasbourg. In her country, she is currently the Deputy Chairperson of the Supreme Court after serving as Chairperson of the NHRC of Rwanda from 2003 to 2011 and as Minister of the Civil Service and Labour until Commissioner Asuagbor has been a member of the Commission since 2010 and is the Special Rapporteur on the Rights of Women and Chairperson of the Working Group on Communications. Hon. Lucy ASUAGBOR Cameroon She holds a Bachelor of Laws Degree from the University of Lagos, a Masters Degree in International Law from the International Maritime Law Institute Malta, and a Diploma from the School of Magistracy Yaoundé. In her country, she is currently a judge of the Supreme Court of Cameroon. 8

9 Commissioner Maya Sahli-Fadel has been a member of the Commission since November 2011 and is the Special Rapporteur on Refugees, Asylum Seekers, Displaced Persons and Migrants in Africa. She holds a Bachelor of Laws Degree (Public Law) from the Algiers Institute of Law and a Master s Degree in International Law and International Relations. Hon. Maya SAHLI- FADEL Algeria In her country, she is a Lecturer in International Humanitarian Law and International Law at the Faculty of Law of the University of Algiers. She is also a Lecturer at the Graduate School for the Judiciary and at the Institute of Diplomacy and International Relations. She is member of the Board of Directors of the Institute of Diplomacy and International Relations, the Education Board of the Graduate School for the Judiciary and the National Anti-Corruption body. Commissioner Mute has been a member of the Commission since He is Chairperson of the Committee for the Prevention of Torture in Africa. He holds a degree in law from the University of Nairobi and a Master of Law from Warwick University. Hon. Lawrence Murugu MUTE Kenya In his country, he served as Commissioner of the Kenya National Commission on Human Rights. 9

10 Commissioner King has been a member of the Commission since 2015 and is currently the Chairperson of the Working Group on Economic, Social and Cultural Rights. She holds a postgraduate degree in law from Georgetown University Law Centre. Hon. Jamesina Essie L. KING Sierra Leone In her country, she was Chairperson and a Commissioner in the Human Rights Commission of Sierra Leone, and recently appointed a Judge of the High Court of Sierra Leone. Commissioner Dersso has been a member of the Commission since 2015 and is currently the Chairperson of the Working Group on Extractive Industries, Environment and Human Rights Violations. Hon. Solomon Ayele DERSSO Ethiopia He has a PHD from the University of Witwatersrand and a masters degree from the University of Pretoria. In his country, Dr Dersso is Executive Director of Amani Africa Media and Research and non-faculty assistant Professor at the College of Law and Governance Addis Ababa University. 10

11 Commissioner Hatem Essaiem was elected by the 29th Assembly of Heads of State and Government of the African Union in July He holds a Master s Degree in Law, a Post- Graduate Degree from the National School of Public Administration (ENA) and a Diploma from the Henri Dunant Institute of Human Rights in Strasbourg. Hon. M. Hatem ESSAIEM Tunisia Commissioner Essaiem retired after a long career as a diplomat and now devotes his time to teaching, writing and consultancies in the political and economic field. Hon. M. Rémy Ngoy LUMBU DRC Commissioner Ngoy Lumbu was elected by the 29th Assembly of Heads of State and Government of the African Union in July He obtained a Ph.D. in International Human Rights Law from the Catholic University of Louvain (Belgium) and a Master s Degree in International Human Rights Law from the Catholic University of Louvain, the University Faculty of Saint-Louis and the University Notre-Dame de la Paix of Namur. He also holds a Post-Graduate Degree in Theory of the Law (Katholieke Universiteit Brussels) and a Bachelor of Laws Degree from the University of Kinshasa. In his country, he is currently a Professor of International Human Rights Law at the University of Kinshasa, a Magistrate, Consultant and Independent Expert on fundamental rights. 11

12 Commissioner Manuela has been a member of the Commission since July She has over 27 years of legal experience and in her country is the Assistant Public Prosecutor in the Criminal Division of the Supreme Court of Angola, Permanent member of the Higher Magistracy Council in the Office of the Attorney General and of the Director of Public Prosecutions, as well as a Lecturer of Criminal Law. Hon. Maria Teresa MANUELA Angola She holds a Law Licentiateship and a Masters in Criminal Science from the Faculty of Law, Agostinho Neto University. 12

13 Current Secretary Dr. Maboreke was appointed as Secretary to the African Commission on Human and Peoples Rights in May She holds a Bachelor of Law (B. Hons), Bachelor of Laws (LLB. Hons), Master of Philosophy in Law and a Ph.D in Law from the University of Zimbabwe and the University of Warwick. Prior to this appointment, she served in various capacities from 1998 in the OAU/AU, notably as Head, and later Director ad interim, of the Women, Gender and Development Division (WGGD). Dr Mary MABOREKE Zimbabwe Dr Maboreke played a key role in the elaboration of the Maputo Protocol, the Solemn Declaration on Gender Equality in Africa, the 50/50 gender parity principle at the African Union Commission, as well as the Policy Framework and Plan of Action on Older persons in Africa. She also worked as part of the AU Mediation Team in the Inter-Sudanese Peace Talks on Darfur, as well as the African Union s Darfur Peace Agreement Implementation Team. She taught law at the University of Zimbabwe and the University of Oslo for years. 13

14 Former Members of the Tenure Hon. Faith Pansy TLAKULA South Africa Hon. Reine Alapini-Gansou Benin Hon. Med S.K. Kaggwa Uganda Hon. Catherine Dupe Atoki Nigeria Hon. Mohamed Bechir Khalfallah Tunisia Hon. Sanji Mmasenono Monageng Botswana Hon. Mumba Malila Zambia Hon. Angela Melo Mozambique Hon. Pacifique Manirakiza Burundi Hon. Musa Ngary Bitaye Gambia Hon. Mohamed Fayek Egypt Hon. Ibrahim Ali Badawi El-Sheikh Egypt Hon. Kamel Rezag-Bara Algeria Hon. Yaser Sid Ahmed El-Hassan Sudan Hon. Salamata Sawadogo Burkina Faso Hon. Bahame Tom Mukirya Nyanduga Tanzania

15 Former Members of the Tenure Hon. Jainaba Johm Gambia Hon. Andrew Ranganayi Chigovera Zimbabwe Hon. Mohamed Abdellahi Ould Babana Mauritania Hon. Vera Mlanguzwa Chirwa Malawi Hon. Emmanuel Victor Oware Dankwa Ghana Hon. Mohammed Ben Salem Tunisia Hon. Barney Pityana South Africa Hon. Florence Butegwa Uganda Hon. Isaac Nguema Gabon Hon. Youssoupha Ndiaye Senegal Hon. Julienne Ondziel-Gnelenga Congo Hon. Vera Valentina De Melo Duarte Martins Cape Verde Hon. Alioune Mahmoud Blondin Beye Mali Hon. Robert Habesh Kisanga Tanzania Hon. U. Oji Umozurike Nigeria Hon. Sourahata B. Semega Janneh Gambia

16 Former Members of the Tenure Hon. Moleleki D. Mokama Botswana Hon. Chama L.C. Mubanga-Chipoya Zambia Hon. Ali Mahoud Buhedma Libya Hon. Alexis Gabou Congo Hon. Grace Stuart Ibingira Uganda Hon. Atsu Koffi Amega Togo Former Secretaries Tenure Dr Robert Eno Cameroon Mr O.A.S Holaki Tanzania Ms Adjoa Coleman Ghana Mr Germain Baricako Burundi Mr Ngabishema Mutsinzi Rwanda Officer-in-Charge Aug June 2007 Officer-in-Charge Feb July 2006 Acting Secretary Nov Jan 2006 Secretary 1994 Oct Secretary