Key Outcomes from the 79th Ordinary Session of the African Commission on Human and Peoples’ Rights
Africa
From 14 May to 3 June 2024, the African Commission on Human and Peoples’ Rights (ACHPR) held its 79th Ordinary Session in a hybrid format. Members of the Commission and staff of its Secretariat physically attended the Session in Banjul, Gambia; all other participants attended the Session online via Zoom.
The World Coalition Against the Death Penalty (World Coalition) followed this session remotely, along with its member organizations: CHESO (Children Education Society – Tanzania), the FIACAT (the International Federation of ACATS), Foundation for Human Rights Initiative (Uganda), Penal Reform International, Reprieve, REPRODEVH (Niger), Mauritanian Coalition Against the Death Penalty, Niger Coalition Against the Death Penalty, and OBP (Burundi). The World Coalition did not participate in the NGOs Forum, which also took place virtually before the sessions started, from 11th to 13th May.
Rising Concerns Over Death Penalty Practices in Africa
In his opening speech, Honorable Rémy Ngoy Lumbu, President of the ACHPR, expressed grave concern over the recent decision by the Government of the Democratic Republic of the Congo (DRC) to lift its moratorium on the death penalty. This development, he noted, represents a setback in the protection of the right to life, as guaranteed in Article 4 of the African Charter.
The ACHPR’s Working Group on Death Penalty, Extra-Judicial, Summary or Arbitrary Killings and Enforced Disappearances in Africa echoed this concern, urging the DRC government to reinstate the moratorium on executions and to work towards long-term abolition. The FIACAT presented a declaration expressing concern about the more than 800 people currently on death row in the DRC and calling for renewed efforts towards abolition.
A joint declaration on the impact of the death penalty on women in Africa, authored by the World Coalition and presented by Penal Reform International in Kampala, emphasized the need for a gender-sensitive approach to abolition. It highlighted the severe discrimination and poor detention conditions faced by women on death row, many of whom come from marginalized backgrounds and have experienced gender-based violence. The declaration called for better consideration of mitigating factors, improved detention conditions, and the availability of disaggregated data on women on death row. In reply, Hon. Commissioner Idrissa Sow appreciated the work done by the two organizations in informing the commission on the facts and realities of women facing the death penalty. Hon. Sow also pledged to prioritize women offenders on death row during his activities this year.
Abolitionist Trend Advances Across Africa
Reprieve also presented a declaration providing an important update on the state of abolition in Malawi. The declaration highlighted the Malawian government’s commendable decision to commute all death sentences to life imprisonment, noting the strong public and legislative support for abolition.
The Working Group on the Death Penalty submitted its bi-annual public activity report, delivered by its chairperson, Honorable Idrissa Sow. The report outlines ongoing efforts and developments in the abolitionist movement across the continent. It expresses concern about the use of the death penalty in countries with flawed judicial systems, which increases the risk of wrongful convictions, and urges retentionist states to adhere to General Comment No. 3 on the Right to Life, advocating for the death penalty to be used only for the most serious crimes and encouraging strict moratoria and sentence commutations.
The report also underscores an important advancement in the commitment of States to the Second Optional Protocol to the International Covenant on Civil and Political Rights (ICCPR), highlighting Côte d’Ivoire’s recent accession. Progress was also made on the Draft Protocol to the African Charter on the Abolition of the Death Penalty (Draft Protocol), with a memo sent to both the Legal Counsel of the African Union and the Clerk of the Pan-African Parliament (PAP) requesting their review and feedback on the draft.
Exploring the Link Between Security and the Death Penalty
The Working Group on the Death Penalty organized a notable panel discussion on the death penalty and security, which is the theme of this year’s World Day. The panel featured insights from Dr. Ntandokayise Ndhlovu, expert member of the working group, as well as case studies from the DRC, presented by Michel Kalemba of FIACAT, and Angola, presented by the Secretary of State for Human Rights Ana Celeste Januário.
The discussion highlighted the ineffectiveness of the death penalty in enhancing security and emphasized that it does not address the root causes of crime, such as poverty and social inequality, and directly violates the right to life. The panel underscored the need for abolition and expressed support for the Draft Protocol.
The next public 81st Ordinary Session will take place from 17 October to 6 November 2024.
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Trend Towards Abolition
