Country Resolution Adopted AT THE NGOs FORM PRECEDING THE 73rd ORDINARY SESSION OF THE AFRICAN COMMISSION ON HUMAN AND PEOPLE RIGHTS-17th -18th OCTOBER,2022-Banjul

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CRES/002/10/22: RESOLUTION ON THE SITUATION OF HUMAN RIGHTS IN THE
DEMOCRATIC REPUBLIC OF CONGO

We, the participants in the Forum on the Participation of NGOs in the 73rd Ordinary
Session of the African Commission on Human and Peoples’ Rights call on the African
Commission to uphold these resolutions adopted at the NGOs Forum:
Recalling the mandate of the African Commission on Human and Peoples’ Rights (ACHPR)
to promote and protect human and peoples’ rights in Africa under the African Charter on
Human and Peoples’ Rights (African Charter);
Recalling the obligations of the DRC under the African Charter on Human and Peoples’
Rights, the African Charter on Democracy, Elections and Governance and other ratified
regional and international human rights instruments;
Recalling in particular the relevant provisions of the African Charter that guarantee the
right to liberty and security (Article 6), the right to freedom of expression (Article 9), the
right to freedom of association (Article 10) and the right to freedom of assembly (Article
11), as well as non-discrimination and the protection of the rights of women (Article
18(3));
Recalling article 6 of the Constitution of the DRC revised in 2011, to reinforce political
pluralism and respect for civil and political rights;
Recalling also the press release of the African Commission on Human and Peoples’ Rights
dated 18 January 2020 on the arrest of human rights defenders belonging to the LUCHA
citizen movement in the Democratic Republic of Congo, in which the Special Rapporteur on
Human Rights Defenders warns of the failure to respect Article 11 of the African Charter;
Very concerned with the destabilisation of Eastern DRC for almost thirty years by dozens
of local and foreign armed groups, the situation of the rule of law in this region and in
particular the restrictions imposed on the exercise of democratic rights in the provinces of
Ituri and North Kivu under a state of siege, and the risks of seeing the security argument
used by the authorities to restrict the organisation of the 2023 elections in these provinces;
Observing with concern the resumption of arbitrary arrests and detentions by the
National Intelligence Agency (ANR), on the grounds of security and law enforcement,
Concerned about the slow progress in the adoption and implementation of legislative,
administrative reforms and other measures critical, for the conduct of the scheduled 2023
General Elections.
The Forum requests the ACHPR to adopt resolutions that seeks to urge Congo to:
 Prepare for the 2023 elections in accordance with the Constitutional deadlines,
throughout the country, and ensure the inclusion of civil society organizations in the
consultation frameworks organized by the CENI, ensuring the civic and democratic
space is open and strengthened, in line with fundamental freedoms, regional and
international commitments made by the Congolese government;
 Condemn violations of freedom of movement and the right to personal liberty that
target political opponents, as well as human rights defenders and journalists, in
particular by encouraging the law for the protection of human rights defenders to be
prioritized and included on the agenda of the parliamentary session, for debate and
eventual adoption;
 Encourage the authorities of the DRC to continue their efforts to implement
transitional justice mechanisms and in fighting against impunity, and to judge the
highest officials, particularly in the trial of the assassins of human rights defenders
Floribert Chebeya and Fidèle Bazana, and ensure the effective operationalization of
the reparations fund for victims of sexual violence and serious crimes;
 Urgently appoint the members of the National Human Rights Commission (CNDH)
following the expiry of the mandate of the Commissioner’s in July 2020, so that the
institution can effectively and independently continue to contribute to the
promotion and protection of human rights through the monitoring and reporting of
the human rights situation, particularly as the country prepares to hold the 2023
General Election.
Done at Banjul, October 18 2022
The Forum

CRES/003/10/22: RESOLUTION ON THE SITUATION OF HUMAN RIGHTS IN EGYPT

We, the participants in the Forum on the Participation of NGOs in the 73rd Ordinary
Session of the African Commission on Human and Peoples’ Rights call on the African
Commission to uphold these resolutions adopted at the NGOs Forum:
Recognizing that advancing climate justice demands an inclusive, holistic approach to
environmental policy that embeds human rights and tackles systemic problems, including
historically rooted social injustices, ecological destruction, abuses by businesses,
corruption and impunity, and social and economic inequality. The strongest voices across
the world pushing back against these systemic problems, and in favor of more meaningful
and ambitious climate action, have come from civil society.
Supporting the call made by the UN Special Rapporteur on the Rights to freedom of
Peaceful Assembly and of Association: that the work of civil society be recognized, publicly
and at the highest levels, as essential to the advancement of climate action and just
transition. Stressing the importance of the right to freedom of expression and independent
reporting to foster efforts to address the climate crisis.
Emphasize that effective climate action is not possible without open civic space. As host of
COP27, Egypt risks compromising the success of the summit if it does not urgently address
ongoing arbitrary restrictions on civil society.
Calling on Egypt, to ensure that civil society organizations, activists, and communities can
meaningfully participate in all discussions and activities on climate and just-transition
policy development and implementation at all levels of decision-making without fear of
reprisals.
Further calling on authorities to put in place transparent and inclusive processes to
ensure that everyone, including women, Indigenous peoples and local communities,
workers, youth, children, persons with disabilities, and other groups facing marginalization
or discrimination, are provided with equal opportunities to effectively participate in
climate decision-making;
Urge Egypt to end the prosecutions of civil society activists and organizations and
guarantee space for civil society—including human rights defenders—to work without fear
of intimidation, harassment, arrest, detention, or any other form of reprisal, including by
releasing of unjustly jailed human rights defenders, lifting arbitrarily travel bans and asset
freezes and closing all politically-motivated cases against activists targeted for their human
rights work.
Emphasize that access to information is central to effective participation. Therefore, we
urge ACHPR to call on the Egyptian authorities to immediately end the arbitrarily blocking
of websites and ensure access inside the country to the hundreds of independent media,
human rights organizations and other blocked websites.
Immediately release all journalists who have been imprisoned solely for doing their job,
and put an end to restrictions on media and digital spheres.
Noting that, a selected number of journalists, human rights defenders, and other
individuals who had been arbitrarily detained were conditionally released in recent
months. We urge the Egyptian authorities to immediately and unconditionally release all
those held simply for peacefully exercising their human rights, implementing criteria set by
local NGOs for these releases: fairness, transparency, inclusiveness, and urgency.
Further noting that preparations for COP27 are taking place against the backdrop of an
ongoing and deep-rooted human rights crisis in Egypt. The Egyptian authorities have for
years employed draconian laws, including laws on counter terrorism, cyber crimes, and
civil society, to stifle all forms of peaceful dissent and shut down civic space.
Deeply concerned that under the current government of President Abdel Fattah Al-Sisi,
thousands continue to be arbitrarily detained without a legal basis, following grossly unfair
trials, or solely for peacefully exercising their human rights. Thousands are held in
prolonged per-trial detention on the basis of spurious terrorism and national security
accusations. Among those arbitrarily detained are dozens of journalists targeted for their
media work, social media users punished for sharing critical online content, women
convicted on morality-related charges for making Tik Tok videos, and members of religious
minorities accused of blasphemy.
Noting that prisoners are held in detention conditions that violate the absolute prohibition
of torture and other ill-treatment, and since President Abdel Fattah Al-Sisi came to power,
hundreds have died in custody amid reports of denial of healthcare and other abuse. Egypt
remains one of the world’s top executioners, executing 107 in 2020 to 83 in 2021, with at
least 356 people sentenced to death in 2021, many following grossly unfair trials including
by emergency courts. The crisis of impunity has emboldened Egyptian security forces to
carry out extra-judicial executions and other unlawful killing, enforced disappearances and
torture with no fear of consequences.
Call on the Egyptian authorities to take meaningful steps to address the human rights
crisis, including by lifting restrictions of civic space and ending crackdown on peaceful
dissent.

CRES/004/10/22: RESOLUTION ON THE SITUATION OF HUMAN RIGHTS IN ERITREA

We, the participants in the Forum on the Participation of NGOs in the 73rd Ordinary
Session of the African Commission on Human and Peoples’ Rights have submitted these
resolutions adopted at the NGOs Forum:
To put an end to violations of human rights in Eritrea,
Call on the African Commission on Human & Peoples Rights to unequivocally condemn the
flagrant violations of the Eritrean regime to the human rights in Eritrea, as stated in the
report of the Special Rapporteur on Human Rights in Eritrea, Dr. Mohamed Abdel Salam
(2022), as well as the targeting of Eritrean refugees in Ethiopia through murder and
arbitrary arrest.

 

CRES/005/10/22: RESOLUTION ON THE SITUATION OF HUMAN RIGHTS IN THE
REPUBLIC OF MALI

We, the participants in the Forum on the Participation of NGOs in the 73rd Ordinary
Session of the African Commission on Human and Peoples’ Rights call on the African
Commission to uphold these resolutions adopted at the NGOs Forum:
Recalling the mandate of the African Commission on Human and Peoples’ Rights (ACHPR)
to promote and protect rights under Article 45 of the African Charter on Human and
Peoples’ Rights (African Charter);
Recalling the obligations of the Republic of Mali under the African Charter, the African
Charter on Democracy, Elections and Governance and other regional and international
human rights instruments ratified by the Malian State;
Recalling the relevant provisions of the African Charter that guarantee the right to life
(Article 4), liberty and security of the person (Article 6), the right to freedom of expression
and access to information (Article 9), the right to freedom of association (Article 10), and
the right to freedom of assembly (Article 11);
Recalling in particular Articles 2, 6 and 19 of the International Covenant on Civil and
Political Rights (ICCPR), emphasizing respect for rights, including the freedom to hold
opinions and express them freely by all persons, and prohibiting arbitrary arrest and
detention and promoting the release of accused persons pending trial;
Recalling Articles 4, 5 and 7 of the Malian Constitution of 25 February 1992, which
respectively guarantee the right to freedom of opinion and expression; freedom of
association, assembly, procession and demonstration; and freedom of the press ;
Recalling further the previous resolutions of the ACHPR on the situation in Mali, and in
particular its resolution No. 441 of 7 August 2020, adopted at its 66th ordinary session,
expressing its concern at the repression of the demonstrations of June and July 2020 by the
Malian security forces and deploring “the violation of many rights guaranteed by the
Charter, including the right to freedom of association and assembly, freedom of expression, as
well as protection against arbitrary arrest and detention” and requesting “the competent
authorities to grant him the necessary authorization (…) to carry out a fact-finding mission to
Mali”;
Recalling also the press releases issued by the ACHPR on 26 May 2021, 18 August 2020,
14 July 2020, in particular urging “all parties to calm down and to guarantee a climate of
respect for the human rights of the Malian population (…)” and “inviting the security forces
to respect human life, physical integrity, freedom of assembly and demonstration, and the
right to property as protected by the African Charter on Human and Peoples’ Rights and
other relevant instruments”;
Deploring the repeated violations and threats of violations of the rights to freedom of
opinion and freedom of expression, characterized by an increase in acts of intimidation and
judicial harassment, arbitrary arrests and attempted arrests, and other forms of threat and
pressure exerted on persons expressing opinions critical of the transitional authorities,
particularly on social networks2 ;
Deeply concerned by the restrictions on the right to information and freedom of the press,
manifested in the increased control of the media by the transitional authorities, the
progressive practice of self-censorship by journalists and the media in Mali, already
threatened by Law No. 00-46/AN-RM of July 2000 limiting freedom of expression, and
establishing a press regime and press offences;

2. In particular, the arrests and detentions following criticism of interim Prime Minister Choguel Kokalla Maïga of Issa Kaou Djim in October
2021; of Dr Oumar Mariko, Bakary Camara and Boubacar Soumaoro in December 2021; and of Dr Étienne Fakaba Sissoko in January 2022. Note
on the human rights situation in the context of the conflict and transition in Mali addressed to the ACHPR on 24 August 2022, FIDH, AI and
CBSA.
Denouncing the restrictions on civic space and public freedoms, in particular the rights to
freedom of association and peaceful assembly, through the imposition of a system of prior
authorization for the organization of marches and the arbitrary and discriminatory
selection of movements authorized to protest;
The NGOs Forum call on the ACHPR to urgently adopt a resolution to:
 Condemn the violations of fundamental freedoms and urge the Malian authorities
to put an immediate end to all acts likely to undermine respect for human rights and
the rule of law;
 Urge the transitional authorities to continue the work begun, in conjunction with
civil society organizations and the media, with a view to decriminalizing press
offences, such as offences against public authority and property, and against
individuals, punishable by prison sentences of between three months and one year
and fines of between 50,000 and 600,000 CFA francs, in order to guarantee the
Malian people’s right to information;
 Call on the authorities to revise the law on cybercrime to bring it into line with
international and regional human rights standards, particularly those relating to
freedom of expression;
 Invite the Malian authorities to strengthen press freedom and the protection of
journalists, by promoting the issuance of press cards to Malian journalists and
accreditations to international journalists working in Mali, and by lifting the current
suspension of the media;
 Remind the Malian authorities of their obligation to respect the rights of human
rights defenders and to guarantee the conditions for a favorable environment for
their legitimate action to promote and defend their rights, and put an end to all
forms of pressure on civil society in Mali;
 Urge the Malian authorities to put an end to the prosecution of all those who have
been prosecuted for exercising their right to freedom of expression and to combat
hate speech;
 Facilitate a human rights promotion mission to the Republic of Mali composed of
the President of the Commission, the Rapporteur on the situation of human rights in
Mali, and the relevant special rapporteurs with the aim of meeting with
representatives of the national authorities, the political opposition and civil society
to work towards the promotion and protection of human rights in the country
 Call on the Malian authorities to extend a standing invitation to the Special
Rapporteurs of the ACHPR and the UN on human rights defenders and to facilitate
their visits; in particular, call on the Malian authorities to implement the
recommendations made by the UN Independent Expert, Mr. Alioune Tine, on the
situation of human rights in Mali in his report of March 2022 ;
 Urge the Malian authorities to accept the proposed promotion mission to Mali, for
the cases of serious human rights violations committed since the coup d’état of
August 2020 and for other cases of violations that may be committed in this context
of political transition.
Done at Banjul, October 18, 2022

CRES/006/10/22: RESOLUTION ON THE SITUATION OF HUMAN RIGHTS IN THE
REPUBLIC OF SOUTH SUDAN

We, the participants in the Forum on the Participation of NGOs in the 73rd Ordinary
Session of the African Commission on Human and Peoples’ Rights call on the African
Commission to uphold these resolutions adopted at the NGOs Forum:
Recalling its mandate to promote and protect human and peoples’ rights pursuant to the
African Charter on Human and Peoples’ Rights (the African Charter);
Cognizant of Article 23 of the African Charter, which provides for the right of all peoples to
peace and security, of Articles 10 and 11 of the Protocol to the African Charter on the
Rights of Women in Africa, which provide for the right to peace and protection of women in
armed conflicts, and of the African Union (AU) Transitional Justice Policy (AUTJP) and the
African Commission’s Study on Transitional Justice and Human and Peoples’ Rights (TJ
Study), which contain the authoritative views of the AU on Transitional Justice Processes;
Recalling its previous resolutions on the Republic of South Sudan, including Resolution
428 (ACHPR/Res.428 (LXV) 2019), and its press release on human rights violations in the
South Sudan conflict of 12 July 2018, as well as all relevant decisions and communiqués of
the AU and the Intergovernmental Authority on Development (IGAD);
Further recalling that the Government of South Sudan bears the primary responsibility
for the promotion and protection of human rights and has the responsibility to protect its
population from genocide, war crimes, ethnic cleansing and crimes against humanity, as
well as from human rights violations and violations of international humanitarian law,
including those committed by its own forces;
Highlighting that while the transitional justice mechanisms envisioned by Chapter V of the
Revitalized Agreement on the Resolution of the Conflict in the Republic of South Sudan (R-
ARCSS), namely the Commission for Truth, Reconciliation and Healing (CTRH), the
Compensation and Reparation Authority (CRA), and the Hybrid Court for South Sudan
(HCSS), have yet to be established, there is a need for continued monitoring of and
reporting on human rights violations, investigations, and collection and preservation of
evidence to combat the impunity perpetrators enjoy;
Noting that Chapter V of the R-ARCSS envisages that the Revitalized Transitional
Government of National Unity (R-TGoNU) should cooperate with the African Commission
for putting in place transitional justice institutions, notably the CTRH;
Highlighting the continued important role of the reconstituted Joint Monitoring and
Evaluation Commission (R-JMEC) and of the Ceasefire and Transitional Security
Arrangements Monitoring and Verification Mechanism (CTSAMVM) in supporting the
implementation of the R-ARCSS;
Further highlighting the importance of full accountability for all human rights violations
and violations of international humanitarian law, including at the command responsibility
level, and the need for truth, reconciliation, healing, reparations, guarantees of nonrecurrence, and support to and protection of victims, survivors and witness before, during
and after legal proceedings;
Bearing in mind the importance of transitional justice mechanisms as part of a holistic
transitional justice approach, to combat impunity and ensure non-recurrence of violations;
Commending the role played by the AU, the IGAD and guarantors of the R-ARCSS in
bringing parties together to advance its implementation, as well as the efforts made by
other inter-governmental bodies to support the dialogue among the various stakeholders
towards achieving peace, security and political stability in South Sudan;
Taking note with appreciation of the signature of the Rome Declaration on the peace
process in South Sudan between signatories and non-signatories of the R-ARCSS, on 12
January 2020, the parties’ recommitment to the Agreement on Cessation of Hostilities,
Protection of Civilians and Humanitarian Access of 21 December 2017, and the talks
mediated by the Community of Sant’Egidio, while calling upon all parties to fully honor
their commitments in this regard;
Recognizing the provision of technical assistance and capacity-building by the
international community to South Sudan to date, as well as efforts by regional and
international actors to support transitional justice, accountability, reconciliation and
healing including through cooperation with the AU Commission and the African
Commission, including its Country Rapporteur for South Sudan;
Noting with appreciation the ongoing cooperation of the Government of South Sudan
with the AU, the IGAD, the Office of the United Nations High Commissioner for Human
Rights (OHCHR), the Commission on Human Rights in South Sudan (CHRSS) established by
the United Nations Human Rights Council, and the United Nations Mission in South Sudan
(UNMISS), including its Human Rights Division;
Welcoming the formation, despite delays, of the R-TGoNU, the appointment of governors
and deputy governors in all States, the reconstitution of the Transitional National
Legislative Assembly, and steps taken towards the formation of unified armed forces
pursuant to Chapter II of the R-ARCSS, including the recent graduation of a first batch of
20,000 members of the unified national army, police and other security forces;
Further welcoming the adoption of a national action plan on sexual and gender-based
violence, action plans of the Sudan People’s Liberation Army (In Opposition) and the South
Sudan People’s Defence Force to combat sexual and gender-based violence, the adoption of
a comprehensive action plan to end and prevent all six grave violations against children,
the establishment of a court to try cases of gender-based violence and of mobile military
courts in Central Equatoria State, the establishment of a General Court Martial process in
Yei, Central Equatoria State, convictions of officers for crimes committed against civilians,
and the formation of investigation committees to address intercommunal violence in Upper
Nile State, Abyei Administrative Area, Warrap State and Unity State;
Welcoming also the return to Kajo-Keji and Morobo Counties in Central Equatoria State of
90,000 internally displaced persons;
Taking note of the agreement by parties of the R-ARCSS, as announced on 4 August 2022,
on a roadmap that extends the transitional period by 24 months, while stressing the need
to use this 24-month extension to open the political space, adopt an election law, establish
an inclusive electoral system, and advance the permanent constitution-making process;
Concerned about the slow pace of implementation of the R-ARCSS, in particular regarding
the operationalization of Chapter V institutions, including lack of progress regarding the
Hybrid Court and slow progress regarding the CTRH;
Stressing in this regard the need for the Ministry of Justice to ensure that the national
consultations about the establishment of the CTRH are fully inclusive, in particular of
refugees and internally displaced persons, before drafting relevant CTRH- and CRA-related
legislation;
Encouraging efforts to address sexual and gender-based violence, including conflictrelated sexual violence, and the widespread impunity in this regard;
Deploring the continuing human rights violations and abuses suffered by the people of
South Sudan, as eight million remain dependent on aid and half the country’s population, or
six million, are food insecure, and deploring the deliberate targeting of and retaliatory
attacks against civilians, particularly women and children, including sexual and conflictrelated sexual violence, gang rape, acts of torture and other cruel, inhuman or degrading
treatment, deliberate starvation, recruitment and use of child soldiers, abductions,
enforced disappearances and extrajudicial executions;
Further deploring violations of economic, social and cultural rights, including the rights to
food, education, and health;
Alarmed by obstacles to humanitarian aid, including undue delays, duties and taxes, as
well as intimidation and harassment of and attacks against humanitarian workers,
including killings, and extrajudicial executions of prisoners in Bentiu, Unity State, and
deeply alarmed by pervasive localized conflicts and intercommunal violence, including in
Tonj and other parts of Warrap State, Magwi, Nimule and Kapoeta, Eastern Equatoria State,
Greater Upper Nile State, and parts of greater Jonglei and Unity State;
Deeply concerned by the shrinking of the civic and political space, exemplified by the
arbitrary arrest and detention of protesters in Rumbek, Malakal, Bor and Juba, and
prolonged arbitrary detention of suspected or actual members and supporters of civil
society and opposition groups, such as the People’s Coalition for Civil Action, and violations
of their right to a fair trial and due process guarantees, as in the case of the former
governor of Northern Bahr El Ghazal State, Kuel Aguer, who was charged with an attempt
to overthrow a legitimate government after he expressed his support for the Coalition;
Deeply concerned also by restrictions to the work of human rights defenders, civil society
organizations, journalists and the media, including through harassment, intimidation,
surveillance, threats, attacks, and arbitrary arrests and detentions, and by undue
restrictions to the freedoms of opinion and expression online and offline, peaceful
assembly and association;
Stresses the vital role played by human rights defenders, including women human rights
defenders, civil society organizations, journalists and media workers, women
peacebuilders, in particular those working on human rights, women’s and girls’ rights,
monitoring of ceasefire and security arrangements, transitional justice, democratic
governance, constitution-making, and promoting an inclusive political environment and
electoral process;
The NGOs Forum call on the ACHPR to:
1. Condemn all violations of human rights violations and international humanitarian
law in South Sudan, including harassment and intimidation of, and attacks against,
human rights defenders, members of civil society organizations, journalists and
humanitarian workers, violations committed against civilians, including sexual and
conflict-related sexual violence, and undue restrictions to the freedoms of opinion
and expression online and offline, peaceful assembly and association;
2. Condemn the widespread impunity perpetrators of violations and abuses continue
to enjoy, and urges authorities to take all necessary steps to hold those who have
committed violations accountable in fair trials;
3. Urge the Revitalized Transitional Government of National Unity and other relevant
stakeholders to accelerate implementation of the Revitalized Agreement on the
Resolution of the Conflict in the Republic of South Sudan, including by
operationalising transitional justice institutions envisioned in Chapter V of the
Revitalized Agreement, namely the Commission for Truth, Reconciliation and
Healing, the Compensation and Reparation Authority, and the Hybrid Court for
South Sudan;
4. Urge in this regard the Revitalized Transitional Government of National Unity to
work with the African Union to immediately establish and operationalize the Hybrid
Court without further delays, including by adopting the Statute of the Court and by
signing the Memorandum of Understanding in this regard;
5. Urge the Government of South Sudan to allow and facilitate the full, safe and
unhindered access of humanitarian and relief personnel to the millions of people,
including internally displaced persons, in need of humanitarian aid;
6. Request the Country Rapporteur for South Sudan to engage with the AU
Commission and the Government of South Sudan with proposals on the
operationalisation of Chapter V of the R-ARCSS; and
7. Urge all external actors to continue to provide all the necessary support to South
Sudan towards implementing processes of transitional justice, accountability,
reconciliation and healing including through cooperation with the AUC and the
African Commission.
Done in Banjul, The Gambia

CRES/007/10/22: RESOLUTION ON THE SITUATION OF HUMAN RIGHTS IN
SWAZILAND

We, the participants in the Forum on the Participation of NGOs in the 73rd Ordinary
Session of the African Commission on Human and Peoples’ Rights call on the African
Commission to uphold these resolutions adopted at the NGOs Forum:
A) Uphold the human rights and fundamental freedoms of the people of the country.
This includes the rights to freedom of assembly and association; freedom of
expression, access to information, internet social media.
B) Urge the government of Swaziland to protect the rights of children and other
vulnerable and minority groups.
C) Create an enabling political climate for negotiation and dialogue; to immediately
recall the army and security that are deployed throughout the country and in
communities.
D) Release all political prisoners including but not limited to the two members of
parliament, Mbuduzi Bacede Mabuza and Mthandeni Dube;
E) Allow all exiles to unconditionally return including but not limited to MP Mduduzi
Simelane and withdrew all politically motivated charges;
F) Urgently ensure a neutral venue for a properly mediated national political dialogue
and work with the SADC structure to ensure a smooth transition to multiparty
democratic dispensation; and
G) Cease all states sponsored victimization, harassment and targeting of prodemocracy leaders and campaigners using the security forces and arbitrary
application of the law
CRES/008/10/22: RESOLUTION ON THE SITUATION OF HUMAN RIGHTS IN
TANZANIA
We, the participants in the Forum on the Participation of NGOs in the 73rd Ordinary
Session of the African Commission on Human and Peoples’ Rights have Condemn the
various human rights violations committed in the country and the continued repressions of
human rights defenders especially on-going incidents in Ngorongoro and Loliondo and to
urge the government of Tanzania to:
a) Take immediate measures to release the Maasai leaders and other HRDs
charged with murder of the Police officer in Arusha as they have been held
under detention for more than three months now without the investigation
being completed.
b) Initiate prompt, impartial, and effective investigations into the alleged
human rights violations in Ngorongoro and Loliondo and ensure that the
perpetrators are held accountable and subjected to appropriate sanctions.
c) Officially invite the African Commission and UN Special Mandates to
undertake a special mission to the United Republic of Tanzania specifically
in relation to human rights violations in Ngorongoro/Loliondo.
d) Reinstate the declaration under article 34(6) of the protocol on the African
Court to allow citizens of Tanzania and human rights defenders direct
access to the African court.
e) Amend the laws curtailing freedom of assembly including the
Constitutional provisions related to election and election laws and
establish an independent electoral commission before the next general
election. This establishment should take concerns of citizens, CSOs and
other key stakeholders in the independent electoral management bodies.
f) Conduct wider community consultation for the purpose of adopting
human based approach on any government plan to protect dispute areas.
Done in Banjul, The Gambia

CRES/009/10/22: RESOLUTION ON THE SITUATION OF HUMAN RIGHTS IN UGANDA

We the Civil Society Organizations participating in the Forum of NGOs preceding the 73rd
Session of the African Commission on Human and Peoples’ Rights (ACHPR), held from 17-
18 October 2022 in Banjul, The Gambia.
Concerned about the growing decline in the democratic and civic space in Uganda
evidenced in newly adopted restrictive laws such as the Computer Misuse (Amendment)
Act, 2022 which criminalizes online speech in violation of the right to freedom of
expression guaranteed under Article 9 of the African Charter on Human and Peoples’ Rights
(the Charter), and the Anti-Money Laundering (Amendment) Act, 2022 and the Antiterrorism (Amendment) Act, 2022, which have introduced tougher sanctions, including
hefty financial penalties, against those found guilty of non-compliance.
Further concerned that the recent adoption of such laws that would severely affect the
work of NGOs and further undermine their operating environment.
Gravely concerned about the persistent attacks and harassment of journalists and
curtailment of digital freedoms that hamper the exercise of freedom of expression online.
Noting the lack of adequate legal protection for human rights defenders to promote and
protect their fundamental rights and facilitate their advocacy work.
Commending the recent ruling of the High Court in Kampala restricting the powers of the
Financial Intelligence Authority (FIA) to arbitrarily freeze bank accounts of nongovernmental organizations on grounds of terrorism financing, while remaining
Concerned that Government continues to misapply anti-money laundering and antiterrorism laws to overregulate and stifle civil society.
Welcoming the Commission’s recent urgent call for the cessation of multiple rights
violations against the Benet Mosopisyek Community in the Republic of Uganda issued on
4th October 2022.
Noting that the government has persisted with brutal attacks on the Benet indigenous
community, including killings, torture, and rape of women perpetuated by Uganda wildlife
Authority agents, without redress to the victims and in violation of the Charter.
Further concerned that the government adopted a Policy in 2019 to implement the
Uganda Wildlife Act, without consultation with the mosopisyek of the Benet indigenous
community.
Now hereby recommend that the African Commission on Human and Peoples’ Rights
call upon the Government of Uganda to:
– Urgently review the recently adopted revisions to laws including the Computer
Misuse (Amendment) Act, 2022, Anti-Money Laundering (Amendment) Act , 2022
and the Anti-terrorism (Amendment) Act, 2022, as well as amend existing
restrictive laws such as the NGO Act (2016) to ensure that the laws are in line with
the African Charter and international human rights treaties.
– Comply with its human rights obligations to respect the rights of CSOs and in
particular, enforce measures to protect CSOs from arbitrary and illegal barriers such
as freezing of bank accounts that are aimed to curtail CSOs’ access to funds.
– Desist from targeted attacks and intimidation of journalists, CSOs and HRDs and
ensure their enjoyment of their fundamental rights online and offline; immediately
investigate cases of harassment, prosecute alleged perpetrators and provide redress
to victims of such targeted attacks.
– Legitimize and protect the work of human rights defenders in Uganda by expediting
the adoption of the Human Rights Defenders Bill 2019.
– Immediately stop the eviction of mosopisyek of Benet in Mt. Elgon National Park
done by Uganda wildlife Authority, provide restitution of their ancestral land of
mosopisyek and report to the Commission on the measures that have been taken
thus far.
– Review the 2019 policy under the Uganda Wildlife Act and to take steps to conduct
adequate consultations with the mosopisyek of Benet indigenous on the gaps and
needs to be addressed in the policy framework.
– Recognize Mosopisyek of Benet who are still stateless under the Constitution of
Uganda in order to avoid marginalization and discrimination of these indigenous
minorities.
– Strengthen the NHRI to effectively execute its constitutional mandate of protecting
and promoting human rights and more specifically additional funding to handle the
backlog of human rights complaints filed by victims of rights violations.
Done in Banjul, The Gambia