Monthly Archives: October 2002

Resolution on Human Rights Defenders

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We the participants at the Forum on the participation of the NGO’s in the 32nd Ordinary Session of the African Commission of Human Rights and the 6th Human Rights Book Fair, held at the Kairaba Beach Hotel in Banjul, from October 14th – 16th, 2002;

Note with concern that Human Rights Defenders are subjected to attacks and harassments in many African countries,

Aware of the fact that these violations on the rights of Human Rights Defenders are often committed with impunity,

Mindful of the urgent need for the African Commission to ensure that state parties ensure proper protection for Human Rights Defenders,

The participants reiterate their demand to see the Commission adopt a resolution establishing a mechanism of protection for human rights defenders having mandate to:

Spread the Declaration of Nations on Human Rights Defenders adopted in 1998.

Gather information on Human Rights Defenders in Africa.

Investigate the violation of the rights of Human Rights Defenders.

Set up a mechanism of warning and rapid response enabling the gathering of cases of violations from which the Defenders of Human Right suffer.

The participants pledge to transmit to the Commission complete and actualised documented reports on the general situation of Defenders in their countries, areas of action as well as individual cases.

Done in Banjul, The Gambia 16th October 200

Resolution on the Human Rights Situation in Eritrea

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We the participants at the Forum on the Participation of NGOs in the 32nd Ordinary Session of the African Commission on Human and Peoples’ Rights and the 6th African Human Rights Book Fair held at the Kairaba Beach Hotel in Banjul from October 14th-16th, 2002

Having examined collectively the human rights situations in Eritrea over the past years,

Noting with grave concerns the violations of human rights and fundamental freedom especially freedom of expression and assembly; the continued imprisonment of journalists, the denial of justice and the right to fair trial; the total information blackout and the prolongation of the political transition;

Concerned at the way the Government of Eritrea has increasingly curtailed and negated fundamental human rights and freedom guaranteed by the African Charter

We call upon the African Commission to:

Send a mission to Eritrea to assess the human rights situation;

Urge the Eritrea government to stop the attacks on the independent media, critical and dissident voices in the country;

Ensure that the Eritrea government upholds the rule of law and initiate a national reform to establish the Constitutional order;

Urge the Eritrea government to respect the freedom of expression and information of both the citizens and the media and to allow citizen’s participation

Call upon the Eritrea government for the release of all journalists and political detainees in prison

 

Done in Banjul, The Gambia 16th October 2002

Resolution on the Democratic Republic of Congo

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We the participants at the Forum on the Participation of NGOs in the 32nd Ordinary Session of the African Commission on Human and People’s Rights and the 6th Human Rights Book Fair held at the Kairaba Beach Hotel in Banjul, from October 14th-16th, 2002,

Noting that since 1996 serious violations of human rights and international humanitarian law were committed on a large scale in the Democratic Republic of Congo;

Given that the authors of these crimes have never been prosecuted;

In view of the provisions contained in international instruments on the protection of human rights and the development of international criminal law, as well as the provisions of the African Charter on Human and Peoples’ Rights, particularly its articles 19, 20, 21, 22 and 23 (para. 1);

The participants at the NGO Forum ask the African Commission on Human and Peoples’ Rights to ensure that the authorities of the Democratic Republic of Congo take measures to:

  • Pursue the inter-Congolese negotiations with a view to reaching a national consensus;
  • Abolish the Military Tribunal which is a special court in the Democratic Republic of Congo used by the current government to neutralise opponents, journalists and human rights activists;
  • Immediately enact the law on the reform of the military justice system ;
  • Reinstate the moratorium on the abolition of the death penalty;
  • Establish an appropriate judicial mechanism to shed light on the serious human rights violations committed since 1996 in the Democratic Republic of Congo ;
  • Prosecute the authors of these violations before the relevant courts ;
  • Protect human rights defenders in accordance with the UN Declaration on Human Rights Defenders.

Done in Banjul, The Gambia 16th October, 2002

Resolution on Armed Conflicts in Africa

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We the participants at the Forum on the Participation of NGOs the 32nd Ordinary Session of the African Commission on Human and Peoples’ Rights and the 6th African Human Rights Book Fair, held at the Kairaba Beach Hotel in Banjul from October 14th-16th, 2002

Considering the high number of armed conflicts, and the emergence of new conflicts, in Africa;

Considering the serious humanitarian consequences of these conflicts on the civilian population in terms of the number of lives lost, and of persons wounded, disappeared, detained, and internally displaced or made refugees, and considering in particular the repercussions of conflicts on vulnerable groups such as women, children and minorities;

Welcoming certain positive developments towards the resolution of conflicts on the continent, as well as the opportunities for the future created by the reinforcement of collective action mechanisms aimed at protecting the rights of victims of armed conflict within the framework of the African Union;

Recalling the Resolution adopted in 1993 by the 14th Ordinary Session of the African Commission on Human and Peoples’ Rights, which invited African States to implement and disseminate international humanitarian law and human rights;

Recalling the Resolution adopted in 2002 by the 13th Ordinary Session of the African Commission on Human and Peoples’ Rights, which invited African States to implement and disseminate international humanitarian law and human rights;

We call upon the African states to:

Adopt all necessary measures to promote understanding of international humanitarian law, international human rights law, and international refugee law, in particular by armed and security forces, parliamentarians, and political decision-makers;

Implement the treaties of international humanitarian law, human rights law, and refugee law by adopting all appropriate legal and practical measures;

Suppress all violations of these instruments, and in particular prosecute and punish individuals for serious violations of International Humanitarian Law and of human rights on the basis of universal jurisdiction;

Ratify or accede to the Rome Statute of the International Criminal Court and take the required implementing measures;

Afford special attention to the problem of child-soldiers, by ratifying and implementing the 1999 African Charter on the Rights and Welfare of the Child and the 2000 Optional Protocol of the Convention on the Rights of the Child on the involvement of children in armed conflict.

Moreover, States are invited to support efforts deployed at the international, regional or national levels to achieve the durable resolution of conflicts (including demobilisation of all armed groups) and in doing so to re-establish the foundation for full respect of fundamental human rights.

Done in Banjul, The Gambia 16th October 2002

Resolution on the Role of the African Commission

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We the participants at the Forum on the Participation of NGOs in the 32nd Ordinary Session of the African Commission on Human and Peoples’ Rights and the 6th African Human Rights Book Fair, held at the Kairaba Beach Hotel in Banjul, from October 14th –16th, 2002

Recalling the provisions of Article 45 of the African Charter on Human and Peoples’ Rights on the functions of the African Commission to ensure the promotion and protection of Human and Peoples’ rights in Africa,

Recalling the Resolution passed by the African Commission on Human and People’s Rights during its 16th Ordinary Session in Banjul on the gravity of the situation of human rights in Africa, and noting that this situation has not improved,

Conscious of the fact that Article 55 of the Charter provides a Communication Mechanism to redress violations of human rights, and that a timely response to these Communications would have save untold sorrow,

Noting with concern that internal armed conflicts in Africa leads to deaths, destruction of property and other massive violations of human and peoples’ rights, and that early signs of these conflicts are not urgently addressed,

We hereby call on the African Commission to:

Create a rapid response mechanism to intervene in cases where human and peoples’ rights are imperiled.

Expedite the resolution of all communications pending before it.

Follow up the implementation of all its decisions and Resolutions.

Done in Banjul, the Gambia 16th October 2002.