Robert F. Kennedy Human Rights participated in the 81st Ordinary Session of the African Commission on Human and Peoples’ Rights (ACHPR) in Banjul, The Gambia, on October 15-25, 2024. The ACHPR is the treaty body of the African Charter on Human and Peoples’ Rights treaty, which mandates the promotion and protection of human rights in Africa.

NGO Forum Panel on the Arusha Initiative:

On October 15, 2024, the Arusha Initiative hosted a panel to discuss the role that rights holders across the continent can play in guaranteeing a transparent, participatory, and merit-based nomination and selection process for the African human rights system. Launched in 2023 after extensive stakeholder engagement, the Arusha initiative is a rights-holder-driven movement focused on improving the selection processes for judges, commissioners, and representatives within these critical frameworks.

The panel featured presentations from Jessica Ramirez, an Independent human rights expert from Mexico; Walda Keza (Defend Defenders); Tresor Muhindo Makunya (International Service for Human Rights); Ikechukwu Uzoma (RFK Human Rights); and Ahmed Mefreh (Committee for Justice). 

A key objective of the panel was to sensitize African rights holders to the existing system and process for nominating, screening, and electing leaders of the African regional human rights mechanisms. In addition, the panel presented an overview of the Arusha Initiative, highlighting how rights holders can play a leading role in achieving the initiative’s goals. Finally, the panel discussed similar processes in other regions and highlighted lessons learned and best practices that could benefit future efforts of the Arusha Initiative. 

The panel brought together human rights defenders, civil society representatives, and rights holders from over 35 African countries and introduced them to the Arusha Initiative. Following the event, dozens of participants signed up to join the initiative and volunteered to work towards popularizing it in their countries. 

Arusha Initiative Consultation on National and Sub-Regional Engagement

The Arusha Initiative consultation, held on October 16, 2024, gathered prominent civil society stakeholders to discuss the pressing need for transparency in the nomination processes for regional human rights mechanisms in Africa. 

During the consultation, RFK Human Rights Senior Staff Attorney for Africa Ikechukwu Uzoma emphasized the initiative’s growth to over 300 members and its active engagement with key stakeholders, including the African Union and the African Court. The initiative has taken significant steps, including conducting analyses of candidates for the African Court and launching an “Africa’s Best” campaign, encouraging rights holders to advocate for the most qualified nominees.

During the consultation, the speakers identified key learnings from the initiative’s efforts around the July 2024 African Court elections. One of those was the realization that effective advocacy must occur at the national and local levels, as the nomination processes begin three months before the elections. This insight stresses the importance of proactive engagement within national contexts, as Joseph Bikanda of Defend Defenders stated, who highlighted the political dynamics often influencing these processes.

Participants from various regions contributed valuable insights. For instance, representatives from South Africa shared their experiences with established civil society engagement practices that have proven effective in influencing national processes. Jessica Ramirez provided a comparative analysis from Latin America, focusing on the need for transparency in nomination mechanisms and showcasing Argentina’s recent reforms as a model for other countries to emulate.

The overarching message from the consultation was clear: sustained advocacy and collaboration are essential to building robust national initiatives capable of effectively influencing regional mechanisms. This includes establishing transparent criteria for judicial appointments, fostering regional cooperation to share best practices, and enhancing the capacity of rights holders to engage in these processes meaningfully. The Arusha Initiative aims to ensure that rights holders are informed and empowered to participate in the nomination processes, ultimately promoting a more participatory and merit-based system for selections within the African human rights framework.

Building a Resilient Civic Space in Africa: Focus on Freedom of Peaceful Assembly

On October 18, 2024, in partnership with Réseau des Femmes Leaders pour le Développement (RFLD), CIVICUS, the Centre for Human Rights at the University of Pretoria, and IHRDA, RFK Human Rights hosted a side event titled “Building a Resilient Civic Space in Africa: Freedom of Peaceful Assembly.” This event brought together human rights defenders, civil society representatives, and international organizations to discuss the pressing challenges facing civil society activism across the continent. It served as a platform for critical dialogue and knowledge-sharing, focusing on the importance of freedom of peaceful assembly as a cornerstone of democracy and the protection of human rights. The panelists provided a sobering overview of the significant challenges facing civic space across various regions in Africa. Speakers from Southern, East, North, and West Africa shared alarming trends related to the closing space for civil society, particularly the implementation of restrictive legal frameworks that curtail funding for civil society organizations (CSOs) and impose harsh penalties on dissenting voices.  

Commissioner Rémy Ngoy Lumbu, Chairperson of the African Commission on Human and Peoples’ Rights (ACHPR) gave the keynote address, and the panel featured presentations from Florence Nakazibwe (ICNL), Tinomuda Shoko (Zimbabwe Lawyers for Human Rights), Lloyd Kuveya (Centre for Human Rights), Naji Moulay Lahsen (Network of the Independent Commission of Human Rights in North Africa), Michael Gyan Nyarko (IHRDA), Ahmed Mefreh (Committee for Justice), Sofia Jaramillo (RFK Human Rights)

A key theme of the discussions was the perceived capture of the judiciary by the executive branch in several countries in Africa, with courts frequently being used to suppress protests and punish activists through unreasonable charges and the denial of bail. Additionally, participants highlighted the concern about the closure of both physical and digital spaces for assembly and expression, with governments deploying increasingly sophisticated tactics to undermine civil society’s work and silence dissent. The significance of peaceful assembly as a fundamental right was emphasized, with discussions on how peaceful protests and demonstrations can empower citizens to voice their concerns and demand accountability from their governments.

Additionally, the discussions delved into various threats to civic space and the strategies necessary for protection. This included strengthening legal frameworks, promoting international solidarity, and building the capacity of civil society organizations. The role of technology in civic activism was also examined, highlighting both the opportunities it presents for mobilizing citizens and the risks associated with online surveillance and censorship.

During the panel, RFK Human Rights Senior Staff Attorney for Civic Space, Sofía Jaramillo, offered a comparative perspective, drawing parallels between the experiences of protest movements in Africa and Latin America. She underscored the importance of fostering dialogue between these regions, emphasizing how lessons learned from different human rights systems can inform effective litigation strategies. Jaramillo pointed to pivotal decisions from the African Commission on Human and Peoples’ Rights, such as Jennifer Williams and others v. Zimbabwe and Ethiopian Electorate v. Ethiopia, which have established essential standards for managing protests and the right to assembly.

The discussion also addressed the legal relationship between the African Commission and the African Court on Human and Peoples’ Rights. Participants raised concerns regarding the Commission’s limited referrals to the Court, suggesting that this issue might stem from capacity or willingness rather than legal uncertainty. The conversation highlighted the necessity for greater clarity on legal processes and the respective roles of the Commission and Court in advocating for human rights. Overall, the meeting underscored the need for strategic litigation, regional cooperation, and increased engagement with international human rights mechanisms to combat the erosion of civic space and safeguard the fundamental freedoms of African citizens.