•
•
Assist the African Commission in its work
Present activity reports every 2 years
Recommendations from Session 2:
•
•
•
NHRIs should monitor implementation and follow up on decisions of the African
Commission
NHRIs without affiliate status should apply for the same
NHRIs should submit alternative report during the State reporting procedure
Session 3: Complementarity in the Promotion Mandate of the ACHPR: A Focus on
the Implementation of Resolution 275
This session delved where Resolution 275 of the African Commission on Protection
against Violence and other Human Rights Violations against Persons on the basis of their
real or imputed Sexual Orientation or Gender Identity - ACHPR/Res.275(LV) of 2014 has
been invoked and to assess the challenges that persons forming part of sexual orientation,
gender identity and expression minorities (SOGIE) persons face during the Covid 19
pandemic. This Resolution was adopted after intense advocacy by CSOs across Africa.
Resolution 275 is imperative as it clarifies the position of the African Commission on
SOGIE issues by clearly providing that States have to protect persons forming part of
sexual minorities from violence by enacting laws and by ensuring that human rights
defenders working on these issues operate in a safe environment. While many have
labelled this Resolution as contentious, there is nothing contentious per se because its
crux is on ending violence against persons forming part of sexual minorities and violence
cannot be justifiable under any circumstances.
After the adoption of Resolution 275 in 2014, NANHRI saw there was a gap since many
NHRIs did not understand the challenges of SOGIE persons. From the year 2016 to earlier
this year, NANHRI has been working with 5 NHRIs (Kenya, SA, Malawi, Uganda and
Ghana) to capacitate the NHRIs to institutionalise SOGIE in their mandate and to extend
the protection of SOGIE in their States. Some of the NHRIs had not actually interacted with
the subject or have linkages with CSOs in the topic. They started interacting, having press
releases and undertaking research on SOGIE matters, as well as integrating SOGIE
matters in other cross-cutting areas of human rights. Based on the successes, they were
able to extend the project to 5 more countries such as Liberia, Nigeria, Namibia, Cote
d’Ivoire and Togo.
This session also elaborated on the different instances when Resolution 275 have been
used by the African continent, specially by the African Commission. Some of them are:
•
•
•
•
General comment number 2 under article 14 of the Protocol to the African Charter
on Human and Peoples’ Rights on the Rights of Women in Africa
Resolution 376 of the African Commission on the Situation of Human Rights
Defenders in Africa adopted in 2017
General Comment number 4 of the African Commission on the Right to Redress
for Victims of Torture and Other Cruel, Inhumane or Degrading Punishment or
Treatment
Concluding observations, guidelines and principles of the African Commission
Recommendations from Session 3:
10
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents