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MANDATE OF THE WORKING GROUP ON DEATH PENALTY AND EXTRAJUDICIAL, SUMMARY OR ARBITRARY KILLINGS IN AFRICA
The Working Group on Death Penalty and Extra-Judicial, Summary or Arbitrary Killings in Africa is one of the special mechanisms overseen by the African Commission on Human and Peoples’ Rights. The Working Group was created in 2005 during the Commission’s 38th Ordinary Session as the Working Group on the Death Penalty, and the mandate was expanded to include extra-judicial, summary, and arbitrary killings in 2012. See, e.g., ACommHPR, Resolution 79, Resolution on the Composition and the Operationalisation of the Working Group on the Death Penalty, 5 December 2005; ACommHPR, Resolution 227, Resolution on the Expansion of the Mandate of the Working Group on Death Penalty in Africa, October 2012. Its purpose is to prevent extra-judicial, summary, and arbitrary killings, monitor the use of the death penalty throughout the African Union (AU) Member States, and develop a framework for the abolition of the death penalty.
COMPOSITION AND WORKING METHODS
The Commission appoints the Working Group’s Chairperson and members either by a consensus or by a vote. See ACommHPR, Rules of Procedure of the African Commission on Human and Peoples’ Rights, 2010, Rule 23(2). The mandate of the Working Group on Death Penalty and Extra-Judicial, Summary or Arbitrary Killings in Africa has been renewed by the Commission several times, typically every two years. See, e.g., ACommHPR, Resolution 152, Resolution on the Renewal of the Mandate of the Chairperson and the Members of the Working Group on the Death Penalty in Africa, 25 November 2009. The composition of the Working Group includes the Chairperson, two Commissioner members, and five expert members that represent the different legal systems and regions throughout Africa. See, e.g., ACommHPR, Resolution 201, Resolution on the Re-appointment of the Chairperson and Members of the Working Group on the Death Penalty in Africa, 5 November 2011. As of October 2014, each individual appointed as Chairperson has been a Commissioner, and all the Commissioners who belonged to the Working Group were simultaneously serving on the African Commission.
The Working Group undertakes a number of duties, including providing guidance on alleged violations, writing letters to State officials regarding alleged violations, developing a practical and legal framework for the abolition of the death penalty in Africa, and monitoring situations relating to the death penalty, extra-judicial, summary, or arbitrary killings.
Guidance on Alleged Violations
The Working Group may propose that the Commission send an urgent appeal to a State concerning an emergency matter, as defined in Rule 79 of the Commission’s Rules of Procedure. See ACommHPR, Resolution 227, Resolution on the Expansion of the Mandate of the Working Group on Death Penalty in Africa, October 2012.
The Working Group may also send letters of appeal to State officials regarding the imposition of death sentences and extra-judicial, summary or arbitrary killings. In these letters, the mandate holder may urge Member States to observe a moratorium on the death penalty and to conduct investigations into unlawful killings. See, e.g., Zainabo Sylvie Kayitesi, Intersession Activity Report (November 2013 – April 2014) Presented by Commissioner Kayitesi Zainabo Sylvie Chairperson, ACHPR, Intersession Activity Report, 55th Ordinary Session (2014).
Framework for Abolition of the Death Penalty
The Working Group strives to create a strategic plan for the abolition of the death penalty. It has concentrated on developing a practical and legal framework for its abolishment. To this end, the Working Group organized multiple regional conferences throughout Africa where the Cotonou Framework Document Toward the Abolition of the Death Penalty in Africa and the Kigali Framework Document on the Abolition of the Death Penalty in Africa were both adopted.
Monitoring Situations
Although the Working Group does not engage in country visits, also known as missions, it remains informed of situations relating to extra-judicial, summary or arbitrary killings. The Working Group is responsible for compiling information on reported instances of extra-judicial, summary, or arbitrary killings in Africa. See ACommHPR, Resolution 227, Resolution on the Expansion of the Mandate of the Working Group on Death Penalty in Africa, October 2012.
Additionally, the Cotonou Declaration encourages civil society organizations to inform the Working Group and international community of scheduled executions in a timely manner, so that the Working Group may respond to an imminent threat of using the death penalty or to follow-up after the death penalty has been executed. See id.; Cotonou Declaration, art. 8.
RECEIVING INFORMATION
The Working Group is responsible for seeking and receiving information from individuals, governmental and non-governmental organizations and institutions, and other stakeholders concerning cases or situations that involve the death penalty, extra-judicial, summary, or arbitrary killings.
Along with information gathered from such actors, the Working Group disseminates and obtains information through promotional activities, such as conferences, seminars, and expert meetings. The Working Group often coordinates these activities with other relevant Special Rapporteurs and Working Groups under the Commission or the United Nations. See, e.g., ACommHPR, Press Release on the Joint Meeting of Working Group on Death Penalty and Extra-Judicial, Summary or Arbitrary Killings in Africa & the UN Special Rapporteur on Extra-Judicial, Summary or Arbitrary Executions, 12 June 2013.
On the basis of information received, the Working Group may propose that the Commission take a certain action or decision, or the Working Group may raise awareness of an issue in its reports, press releases, or other activities.
ACTIVITY REPORTS
The Working Group submits Intersession Activity Reports to the Commission each year, which outline the activities the Working Group has undertaken. The Commission also prepares an annual Activity Report that it submits to the African Union Assembly, which includes information gathered from the Working Group, summarizing positive developments and areas of concern regarding human rights in Africa.
CONTACT INFORMATION
The Working Group may be contacted by:
- Mail:
Working Group on Death Penalty and Extra-Judicial, Summary or Arbitrary Killings in Africa
31 Bijilo Annex Layout, Kombo North District
Western Region P.O. Box 673 Banjul
The Gambia
- Email: The Working Group’s website contains an automated system to send the Chairperson emails, by selecting the “Contact Commissioner” link.
The Working Group does not accept individual complaints or requests for provisional measures. Such communications must be addressed to the African Commission on Human and Peoples’ Rights. For additional information, see the Commission’s Guidelines for the Submission of Communications or IJRC’s resources on the African human rights system.