The African Commission on Human and Peoples™ Rights, meeting at its 47th

Ordinary Session held in Banjul, The Gambia, from 12 to 26 May 2010

Recognising that the African Commission on Human and Peoples™ Rights has

a fundamental role to protect the most vulnerable groups in Africa against

human rights abuses;

Recognising also that a unique feature of the HIV pandemic is the

overwhelming nature of the accompanying stigma;

Nothing that in circumstances where the rule of law and human rights are

not respected as an integrated part of society, the most vulnerable groups

within that society are often denied the level of protection they require

and hence, are exposed to increased vulnerability;

Recognising that people living with HIV and those at risk are currently

one of the most vulnerable groups exposed to serious violations of human

rights in Africa.

Recalling the Resolution on the HIV/AIDS Pandemic “ Threat Against Human

Rights and Humanity (2001) calling upon African governments, State Parties

to the African Charter to allocate national resources that reflect a

determination to fight the spread of HIV/AIDS, to ensure human rights

protection of those living with HIV/AIDS against discrimination and to

take appropriate actions so that international pharmaceutical industries

make affordable and comprehensive health care available for African

governments;

Recalling commitments of the African Union Heads of State and Government

in the Tunis Declaration on AIDS and the Child in Africa (1994); Grand Bay

(Mauritius) Declaration and Plan of Action (1999); Lome Declaration on

HIV/AIDS in Africa (2000); Abuja Declaration on HIV/AIDS, Tuberculosis and

Other Infections Diseases (2001); Maputo Declaration on HIV/AIDS,

Tuberculosis, Malaria and Other Infections Diseases (2003); Gaborone

Declaration on a Roadmap Towards Universal Access to Prevention, Treatment

and Care (2005); Continental Framework for Harmonisation of Approaches

among Member States and Integration of Policies on Human Rights and People

Infected and Affected by HIV/AIDS in Africa (2005); Brazzaville Commitment

on Scaling Up Towards Universal Access to HIV and AIDS Prevention,

Treatment, Care and Support in Africa by 2010 (2006); Abuja Call for

Accelerated Action Towards Universal Access to HIV and AIDS, Tuberculosis

and Malaria Services in Africa (2006); and Africa’s Common Position to

the UN General Assembly Special Session on AIDS (2006);

Noting with deep concern that of 33.4 million people living with HIV in

the world, 22.4 million are living in Sub-Saharan Africa and of 2 million

AIDS related deaths, 1.4 million occurred in Sub-Saharan Africa in 2008;

Concerned that AIDS related deaths result in an increase number of orphans

and vulnerable children in Sub-Saharan Africa;

Concerned further that despite commitments undertaken by State Parties and

regional bodies, PLHIV and those at risk continue to face serious

violations of their basic human rights;

Deeply disturbed by the growing trend by various State Parties across

Africa towards criminalisation and mandatory testing of PLHIV which leads

to greater stigmatisation and discrimination;

DECIDES to establish a Committee on the Protection of PLHIV and Those at

Risk for a period of 2 years with the following mandate:

* To seek, request, receive, analyse and respond to reliable information

from credible sources including individuals, community-based

organisations, non-governmental organisations, specialised agencies,

inter-governmental organisations, and State Parties, on the situation and

rights of PLHIV and those at risk;

* To undertake fact-finding missions, where necessary, to investigate,

verify and make conclusions and recommendations regarding allegations of

human rights violations;

* To engage State Parties and non-state actors on their responsibilities

to respect the rights of people living with HIV and those proven to be

vulnerable to these infections;

* To engage State Parties on their responsibilities to respect, protect

and fulfil the rights of people living with HIV and those at risk;

* To recommend concrete and effective strategies to better protect the

rights of people living with HIV and those at risk;

* To integrate a gender perspective and give special attention to persons

belonging to vulnerable groups, including women, children, sex workers,

migrants, men having sex with men, intravenous drugs users and prisoners;

and

* To report regularly to the African Commission on Human and Peoples™

Rights.

Done in Banjul, The Gambia, 26th May 2010