Resolution on Developing Guidelines on Combatting
Sexual Violence and its Consequences - ACHPR/Res.
365 (EXT.OS/XX1) 2017
The African Commission on Human and Peoples' Rights (the Commission), meeting at its
21stExtraordinary Session held from 23 February to 4 March 2017 in Banjul, Republic of The Gambia;
Recalling its mandate to promote and protect human and peoples' rights in Africa under the African Charter
on Human and Peoples' Rights (the African Charter);
Recalling its Resolution ACHPR/Res.38 (XXXVIII) 99, adopted at its 25th Ordinary Session, held from 26
April to 5 May 1999 in Bujumbura, Burundi, on the establishment of a Special Mechanism on the Rights of
Women in Africa;
Recalling the adoption and entry into force of the Protocol to the African Charter on Human and Peoples’
Rights on the Rights of Women in Africa; in particular Articles 4, 5 and 14, which prohibits all forms of
violence and harmful practices against women and promotes the reproductive health rights of women;
Further recalling Resolutions ACHPR/Res.111 (XXXXII) 07 on the Right to a Remedy and Reparation for
Women and Girls as Victims of Sexual Violence, ACHPR/Res.284 (LV) 14 on the Suppression of Sexual
Violence against Women in the Democratic Republic of Congo; ACHPR/Res.288 (XVI) 14 Condemning the
Perpetrators of Sexual Assault and Violence in the Arab Republic of Egypt; the Joint Statement by the UN
Human Rights Experts, the Rapporteur on the Right of Women of the Inter-American Commission on
Human and Peoples’ Rights and the Special Rapporteurs on the Rights of Women and Human Rights
Defenders of the Commission on women’s sexual and reproductive health rights; and the Joint Press
Release by the Commission’s Focal Point for the Study on Human Rights in Conflict Situations and its
Special Rapporteur on the Rights of Women in Africa, expressing its condemnation of all forms of sexual
violence in conflict as grave violations of human and peoples’ rights;
Concerned that sexual violence remains widespread throughout Africa, in peacetime as well as in wartime,
and that the perpetrators enjoy impunity, which contributes to the repetition of those crimes;
Further concerned that these victims suffer very serious and long-lasting consequences, such as
unwanted pregnancies, gynaecological complications, sexually transmitted diseases, and social
stigmatization; that victims struggle to get access to the necessary medical and psycho-social services, live
in fear of reprisals and most are denied their right to truth, justice and reparation;
Recognising the need to fight sexual violence through concrete measures aimed at preventing these
violations, bringing the perpetrators to justice and protecting and supporting the survivors, in compliance
with States’ obligations under regional and international human rights instruments;
Further recognising the lack of adequate national laws for States to address the sexual violence and its
consequences particularly at the regional level;
Considering the need to prepare guidelines to address the fight against sexual violence and its
consequences;