Posted: 31 May, 2026 | Author: AfricLaw | Filed under: Mai Aman | Tags: ACHPR, ACHPR’s Draft Declaration, African Commission on Human and Peoples’ Rights, African values, anti-terror legislation, apartheid, authoritarianism, civic space, civil society actors, colonialism, community primacy, culture, digital surveillance frameworks, freedom of expression, Guidelines on Freedom of Association and Assembly in Africa, hostile environments, human rights defenders, LGBTQ defenders, moral health of society, official panel discussion, protest rights, public-order laws, respect for institutions, restrictive NGO regulations, Sovereignty, state security, women human rights defenders |
Author: Mai Aman
Centre for Human Rights, University of Pretoria
Civil society organisations (CSOs) participating at the 87th Ordinary Session of the African Commission on Human and Peoples’ Rights (ACHPR/ the Commission), held in Banjul, the Gambia from 12 to 20 May 2026, were alarmed when discussions began emerging around a Draft Declaration on the Promotion of the Role of Human And Peoples’ Rights Defenders And their Protection In Africa. For many CSOs working directly on civic space, freedom of expression, protest rights and defender protection across the continent, this was the first time they had become aware that such a process was already underway within the Commission.
The concern was not simply procedural, although the limited consultation surrounding a Declaration of such potential normative significance immediately raised questions. Rather, alarm quickly grew once civil society actors were able to review the text itself. As the Draft Declaration began circulating during the session, organisations realised that, in its current form, the Declaration risked doing the exact opposite of what a Declaration on human rights defenders should do; instead of strengthening protections for defenders operating in increasingly hostile environments, the Draft Declaration appeared capable of legitimising the very frameworks already being used to repress them.
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Posted: 18 September, 2025 | Author: AfricLaw | Filed under: Mariam Kamunyu | Tags: ACHPR, advocacy, African Commission on Human and Peoples’ Rights, African feminists, Akina Mama wa Afrika, Anti-Counterfeiting Trade Agreement, AU Convention on Ending Violence Against Women and Girls, AUCEVAWG, civil society actors, ethical implications of exclusion, Fòs Feminista, feminist movements, gender-based violence, international law, legality, Participatory Legitimacy, power imbalances, ravaux préparatoires, Vienna Convention on the Law of Treaties, women and girls in Africa |
Author: Dr Mariam Kamunyu
British Academy International Fellow, School of Law and Politics , Cardiff University
In February 2025, the African Union (AU) adopted the African Union Convention on Ending Violence Against Women and Girls (AUCEVAWG), hailed in some corners as a historic legal instrument addressing gender-based violence across the continent. And yet, for many African feminists, the moment was shocking and bittersweet. The adoption marked the culmination of a drafting process that, by most accounts, was characterised by exclusion and opacity, particularly of the very feminist movements whose decades of advocacy laid the groundwork for such a treaty. This article proffers that the lack of meaningful participation by a cross-section of civil society actors undermines the convention’s political and normative legitimacy, even if its legal validity remains intact.
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