Reporting obligations with the Commission
36. The 2nd and 3rd Combined Periodic Report, which was submitted in accordance with
Article 62 of the African Charter, was overdue by eight (8) years.
37. The Commission is concerned about the lack of responses on the following issues,
which were deferred at the request of the Delegation which presented the Report:
i.
ii.
iii.
iv.
v.
vi.
vii.
Information on extra-judicial killings, use of force, death in prisons and enforced
disappearances;
The measures in place to ratify the Convention on Enforced Disappearances and
the Convention against Torture;
The number of clemency applications which have been positively and negatively
decided;
The procedure of providing prior information to family members of accused
persons before executions are carried out;
Implementation of Guidelines on Freedom of Association;
Judicial and political representation of the Basarwa communities; and
Audit of laws undermining right to access information.
Ratification of regional and international instruments
38. The Commission is concerned by the non-ratification of the following regional and
international human rights instruments:
i.
ii.
iii.
iv.
v.
vi.
vii.
viii.
ix.
x.
xi.
The Protocol to the African Charter on Human and Peoples’ Rights on the rights
of women in Africa;
The Protocol to the African Charter on Human and Peoples’ Rights Establishing
the African Court on Human and Peoples’ Rights;
The African Youth Charter;
The African Union Convention for the Protection and Assistance of Internally
Displaced Persons in Africa;
The African Charter on Democracy, Elections and Governance;
The Protocol to the African Charter on Human and Peoples’ Rights on the Rights
of Older Persons in Africa;
The Protocol to the African Charter on Human and Peoples’ Rights on the Rights
of Persons with Disabilities in Africa;
The Convention for the Protection of All Persons from Enforced Disappearance;
The International Convention on the Protection of the Rights of All Migrant
Workers and Members of Their Families;
The Optional Protocol to the Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment;
The Second Optional Protocol to the International Covenant on Civil and Political
Rights Aiming for the Abolition of the Death Penalty;
11