Many organisations hesitate to engage the African Commission on Human and Peoples’ Rights because they believe they first need formal status. RFLD’s manual, Reporting on the Maputo Protocol: a manual for shadow reports, clears up the confusion. Its answer is short: any organisation may submit a shadow report. Status matters for what happens in the session room.
Do you need observer status?
The manual puts it plainly: “Any organisation or interested party may submit a shadow report under Rule 79(3). Observer status is needed to make oral statements in the public session and to propose agenda items. If your organisation does not have it, partner with one that does.”
This is a practical way forward for many of RFLD’s member organisations. A community-based group can contribute evidence to a coalition report and work with a partner that holds observer status to deliver a statement at the session.
Observer status for NGOs
Observer status is governed by Resolution 572 of 2023, adopted on 9 November 2023 at the Commission’s 77th Ordinary Session in Arusha. It replaced Resolution 361 of 2016, which is now historical. Organisations working on human rights in Africa can apply.
The application file must reach the Commission three months before the session at which it will be considered. It includes:
- a letter of application
- a list of board members
- authenticated statutes
- a certificate of legal registration
- information on sources of funding
- independently audited accounts
- the latest activity report
- a strategic plan covering at least two years
Once granted, observer status comes with a duty. Observers must present their activity reports to the Commission every two years. Under Resolution 572, observers may make authorised statements with advance notice and request agenda items. Rule 33(3)(e) of the Commission’s Rules of Procedure also allows NGOs with observer status to propose items for the provisional agenda.
How many observers?
The number of observers is growing. According to the Commission’s communiqués, there were 592 after the 85th Session in October 2025 and 600 after the 87th Session in May 2026.
Compliance is another matter. At the 83rd Session in May 2025, 579 NGOs held observer status, and only 420 had ever submitted an activity report. The manual’s message to organisations with observer status is to keep their reporting up to date, since it is part of the relationship with the Commission.
Affiliate status for national human rights institutions
National human rights institutions follow a different route. Affiliate status is governed by Resolution 370 of 2017, adopted on 22 May 2017 at the 60th Ordinary Session in Niamey. Rule 71 of the Rules of Procedure refers to it.
The criteria include establishment by law, guaranteed independence, a broad human rights mandate, adequate and autonomous funding, accessibility and pluralist membership. The resolution refers to the Paris Principles. Affiliated institutions are invited to sessions and may take part in deliberations without a vote. Like observers, they must present activity reports every two years.
At the 83rd Session, 38 national human rights institutions held affiliate status. Among them was Kenya’s National Gender and Equality Commission, a specialised gender institution. The manual presents it as a model for national gender bodies seeking affiliation. Compliance was again an issue: 30 affiliated institutions were behind on their activity reports, and only 6 had reported before that session.
NHRIs as shadow reporters
National human rights institutions can also submit shadow reports. The Kenya National Commission on Human Rights did so in 2021 on Kenya’s combined 12th and 13th Charter reports and initial Maputo Protocol report. Its submission covered issues including abortion access and restrictive information laws. It is a useful example of an affiliated institution using Rule 79(3), and of the independent voice that NHRIs can bring alongside civil society.
Which route suits your organisation?
The manual’s guidance can be summarised in a few points:
To submit a shadow report, no status is needed. To make an oral statement or propose an agenda item, observer status is needed, or a partnership with an observer. Applying for observer status means preparing the full file at least three months before the target session. National human rights institutions and specialised gender bodies should consider affiliate status under Resolution 370.
For many small organisations, applying for observer status is a large investment. The audited accounts and multi-year strategic plan alone can take time. Partnership with an established observer is often the faster route to the session room. Over time, a coalition can decide whether one of its members should apply.
Status is a means
Formal status opens doors. It does not replace evidence. A well-sourced shadow report, delivered on time and supported by a focused briefing note, can influence the Commission whatever the status of its authors.
RFLD’s network brings together organisations with very different relationships to the Commission. The summary of the manual shows how these routes fit together.
About the report
This article draws on RFLD’s report Reporting on the Maputo Protocol: a manual for shadow reports, published on 4 October 2026. Read the summary, download the English edition or the French edition.
