Resolutions are one of the main outputs of the African Commission’s ordinary sessions, along with concluding observations (on State periodic reviews), public statements, urgent appeals, and soft law instruments.
Resolutions are the official position of the African Commission on a particular human right issue or situation. They can come in two forms, either thematic resolutions or country resolutions.
Resolutions can (not exhaustive list):
- Condemn or otherwise take position on a violation or situation, either in general (thematic resolution), for example the Resolution on the Protection and Promotion of the Rights of Communities Discriminated by Work and Descent (2024) or in a particular context (country resolution), for example the Resolution on the Pre- and Post-Electoral Instability in Mozambique (2024);
- Call on States to pursue or refrain from pursuing certain actions regarding a given human rights situation, for example the Resolution on the Situation of Human Rights Defenders working on Environmental Issues in Uganda (2024);
- Call on the AU to pursue certain actions regarding a given human rights situation.
- Develop (soft law) norms and standards that can complement and supplement existing law, for example the Resolution on the Principles on Effective Interviewing for Investigations and Information-Gathering, ‘the Mendez Principles’ (2022);
- Create or renew the mandate of a Special mechanism (Special Rapporteur, Committee, or Working Group), for example the Resolution on the Renewal of the Mandate of the Special Rapporteur on Prisons, Conditions of Detention, and Policing in Africa (2024);
- Establish or renew the mandate of a fact-finding mission, commission of inquiry, or otherwise, for example the Resolution on the Joint Fact-Finding Mission to the Republic of Sudan (2024);
- Call for a thematic report, study, or otherwise, for example the Resolution on the Need to Undertake a Study on Digital Violence against Women’s Rights in Africa (2024).
Resolutions are drafted and adopted by the 11 Commissioners themselves, by a simple majority vote during the closed-doors portion of an ordinary session, based on input from States and NGOs during and in between the public portions of the ordinary sessions.
Resolutions are not legally binding, and the African Commission does not have the power to compel compliance on the part of States. Nonetheless, they can be an effective tool to put pressure on States to take action or refrain from pursuing a certain course of action regarding a given human rights situation and can also be a means of reflecting and informing human rights language emerging from other regional and international mechanisms and bodies, all in a bid to raise standards globally.
Adopted resolutions are made public at the end of an ordinary session of the African Commission, during the closing ceremony and the ensuing press conference, as well as in the final press communiqué for the ordinary session. Adopted resolutions are then published on the African Commission’s website (bear in mind they may initially be available in English only, with other translations normally following suit shortly thereafter).
For all adopted ACHPR resolutions, see here.
Reflection Questions
A resolution offers the opportunity to:
- Push for one of the actions above which are relevant to your advocacy priorities
- Push for particular language to be adopted and used by the African Commission
- Put pressure on a State to effect change
- Draw attention to a particular human rights situation
- Submitting information to the African Commission could lead to reprisals by your government. See ISHR Academy: What to do if you face reprisals when engaging with the African Commission?
- Bear in mind that the final adopted text may not be exactly what you advocated for, as the final content is ultimately in the hands of the African Commission’s members
- If your State does not care about its international reputation or about international pressure, then a resolution may not be the most helpful in effecting change back home
Go to the next section for tips on how to push for the adoption of a resolution.
