Statement at the Special Edition of the 52nd Ordinary Session of the African Commission on Human and Peoples’ Rights, held on 9th October 2012 at the Fondation Felix Houphouet Boigny, in Yamoussoukro, Ivory Coast

Posted on October 9, 2012 by huridocs

Your Excellency, Alassame Ouattara, President of the Republic of Cote D’Ivoire; and Chairperson of ECOWAS;
The Lord Mayor of Yamoussoukro;
Your Excellency, The Prefect of Yamoussoukro;
My Lord, Chief Justice of The Republic of Cote D’Ivoire;
Honourable Members of the National Assembly;
Honourable Ministers of the Republic of Cote D’Ivoire;
Your Excellency, Commissioner, Department for Political Affairs of the African Union Commission;
Your Excellencies, Madam Chairperson, Vice Chairperson and Members of the African Commission on Human and Peoples’ Rights (ACHPR);
My Lord, Chief Prosecutor of theInternational Tribunal Court on Rwanda;
Your Excellency, Madame Navi Pillay, High Commissioner for Human Rights;
Members of the United Nations Family present – UN OHCHR, UNOCI and UNOWA;
Your Excellencies, Members of the Diplomatic and Consular Corps;
The Chairperson and Executive Governing Council Members of the African Centre for Democracy and Human Rights Studies (GC/ACDHRS);
Distinguished State Representatives;
Venerable Religious and Traditional Leaders;
Representatives of National Human Rights Institutions;
Representatives of National and International NGOs;
Representatives of the Press;

Distinguished Ladies and Gentlemen; All protocols respectfully observed

Twenty-five years is indeed a milestone! It is a historic and important time, whether it is in the life of any human being or any institution. It is a time to muse over those moments that have brought success in its wake as well as those other moments we might have changed, given the opportunity. It is indeed a time to pause, to reflect and to get more prepared for a sombre stance towards the challenges of the future, having been armed with the wisdom and experience of the past.

It is, therefore, my pleasure coupled with a great sense of humility that I stand before this august gathering of the African human rights community, on this auspicious occasion of the 25^th Anniversary of the African Commission on Human and Peoples’ Rights (hitherto referred to as ACHPR or The African Commission), charged with the responsibility to give a statement on behalf of all my colleagues of the Forum of NGOs in the Work of the 52^nd Ordinary Session of the African Commission on Human and Peoples’ Rights.

Before I proceed, permit me to request that we observe a moment’s silence for those Commissioners who have passed on. We remember in particular the first Chairperson, Mr. Isaac Nguema, under whose leadership the African Commission started its first foot forward.

On behalf of the Governing Council of the African Centre for Democracy and Human Rights Studies (ACDHRS); The NGO Forum Steering Committee; all the participants of the NGO Forum, and indeed on my own behalf, I wish to thank the Chairperson and Members of the African Commission for affording us this opportunity to accompany you in this walk along memory lane in a bid to realign your priorities and chart your forward direction.

Your Excellencies, Distinguished Ladies and Gentlemen

The Forum wishes to also express its gratitude to the Government and people of The Republic of Cote D’Ivoire, this land of warm hearted Africans, for their hospitality, in facilitating the activities of this landmark session, the 52^nd Ordinary Session and to reiterate the appreciation of the participants of the Forum of NGOs for the warmth afforded them during the preparatory mission, and moreover since their arrival in Cote D’Ivoire. We note, with admiration that Cote d’Ivoire is hosting this momentous session of the ACHPR and has also taken it in its stride to present its initial state report to the African Commission, despite the challenges and austerity measures this beautiful land has been going through.

Your Excellencies, Distinguished Ladies and Gentlemen,

The Forum on the Participation of NGOs in the 52^nd Session of the African Commission on Human and Peoples’ Rights, was held from the 6-8 October, 2012, just before this historic Session of the African Commission.

In keeping with the celebration of twenty-five years of the African Commission this year, the Forum adopted the theme ‘Celebrating 25 years of the African Commission on Human and Peoples’ Rights’.

The Forum noted that while Africa has seen significant and positive developments in the human rights and democracy situation on the continent, it is worthy to observe an improvement in the respect for human rights, good governance and the rule of law. The African Commission has indeed developed various instruments, made decisions and mechanisms to match this growing tide. This august body has been able to adopt its rules of procedure streaming its operations and clarified various provisions of the Charter to States Parties and other stakeholders; developed guidelines setting minimum standards for compliance with the Charter; established mechanisms which have contributed to the building of jurisprudence as well as to the provision of information to the Commission; made laudable contributions to international human rights law in its communications; examined the states reports of about 40 states parties; granted affiliate status to National Human rights Institutions and observer status to Non Governmental Institutions; among other developments. Moreover, we are all here today, witnesses at this momentous silver jubilee session of the African Commission and would like to take this opportunity to salute, most especially, all past and present Commissioners. We congratulate the current Chairperson, HE Catherine Dupe Atoki and Members of the African Commission; the Secretary and Members of the Secretariat for continuing to keeping the torch of human rights shining; to all State Parties and indeed the people of Africa for whom this treaty body was established.

The role of the African Union in strengthening the continental framework to promote and protect human and peoples’ rights in Africa has spurred the pursuit of human rights which has become an integral responsibility, by ensuring that the Human Rights Strategy for Africa is at the heart of the African Governance Architecture. The increased involvement of civil society organisations in the consultative processes are exemplary and commendable and have indeed gone a long way to enhance partnerships and promote ownership of the various processes by the African people.

While applauding these developments, the Forum asserted that Africa continues to face serious human rights challenges characterised by conflict, insecurity and violence. Poverty, disease, internal political strife, resulting in the taking up of arms by rebel groups, arbitrary detention and extrajudicial killings continue to bring hardships to the majority of citizens of the affected countries, especially the women and children. The situation in some States have remained a cause for concern, including Mali, Sudan and DRC where serious and massive human rights violations are being perpetrated against civilian population, serious challenges which call for a constant and increasing strengthening of the protective and promotional mandate of the Commission. The ‘Marikana incident’ in South Africa; the increasing and continuing Boka Haram attacks in Nigeria were also among the issues discussed.

Furthermore, the treatment of prisoners especially those on the death row brought the recently related cases that took place in The Gambia to the fore. As a result the Forum called on States to respect the right to life and the moratorium on the death penalty.

The Declaration of the Forum will be forwarded, for the kind consideration of your august body, as our contribution to your deliberations at this 52nd Session.

Your Excellencies, Distinguished Ladies and Gentlemen

On behalf of the participants, please allow me to reiterate the readiness of the NGO community to work with these mechanisms in the realization of their mandates. As partners in the process, we are committed to putting all our expertise and resources at the disposal of the African Commission in the realization of the various objectives.

In the true spirit of the African Union’s Constitutive Act in which the Heads of State of Africa professed a ‘common vision of a united and strong Africa, energised by partnership between governments and all segments of civil society’, representatives at this Forum reaffirmed their commitment to the reinforcement of this partnership with the African Union and all its organs, not the least, the African Commission, in the furtherance of human rights, good governance and the rule of law in Africa. The Forum participants have continued to demonstrate their dedication to the work of the African Commission by their enthusiastic and passionate contributions to the preparations leading to their participation in this Session.

The Forum, while pleased with the progress made by the African Commission notes that serious challenges with the potential to affect its effectiveness persist. I would like to take this opportunity to launch an appeal to states and indeed the international community to continue to support the strengthening of this institution, which will, no doubt, go a long way towards the effective implementation of it mandate.

Your Excellencies, Distinguished Ladies and Gentlemen

On behalf of ACDHRS and indeed the participants of the Forum of NGOs, allow me to wish The Honourable Chairperson and all the Members of the Commission, fruitful deliberations and a successful silver jubilee session.

Thank You for your kind attention.

HJF,
ACDHRS,
October 2012

OS52-NGO Statement (full text in English, PDF)

African Civil Society Call for the relocation of the African Commission on Human and Peoples` Rights headquarters from The Gambia

Posted on October 8, 2012 by huridocs

8 October 2012

To: Heads of government of AU member states,
CC: Ministers of Foreign Affairs in Africa
Permanent Representatives to the African Union;
Members of the African Commission on Human and Peoples’ Rights

African Civil Society Call for the relocation of the African Commission on Human and Peoples` Rights headquarters from The Gambia

Excellencies,

We, the undersigned non-governmental organisations, participating at the NGO Forum and the 52nd Ordinary Session in Yamoussoukro and to the commemoration of the 25 years of the establishment of the African Commission Commission on Human and Peoples’ Rights, are writing to call to your attention the ongoing widespread and systematic human rights violations in The Gambia and to call on African Union Member States to take urgent action for the relocation of the African Commission and Human and Peoples` Rights headquarters from The Gambia.

The Gambia government has over the years walked a path of continuous infractions on the fundamental rights of the Gambian citizenry, specifically in the following instances- the assassination of Deyda Hydara and the extra-judicial killings of 48 innocent migrants, [mostly Ghanaians] in 2005; disappearances of Ebrima (Chief) Manneh and Daba Marena and five other security officials in 2006; the abduction, stigmatisation and drugging of mostly elderly women accused of being ‘witches’ in 2007; and the continuous harassment and jailing of journalists and illegal closure of private media houses deemed critical of the Gambia Government; and the systematic dismantling of institutions of governance- the legislature and judiciary particularly.

The continued threats heaped on human rights defenders- especially given utterances made by President Jammeh, that he cannot guarantee the safety of human rights defenders working in The Gambia, does not make Banjul an ideal human rights capital of the African continent. Gambia`s government has breached every single principle that the African Human Rights Charter espouses, and it has been requested, on numerous occasions, to respect its obligations to the Human Rights Charter, especially given the fact that it is hosting the Commission.

President Yahya Jammeh’s regime’s continued position to ignore the calls for reforms by its peers, civil society and the international community and its determination to continue to violate the rights of its own citizens through the rule of terror, and instilling fear within the general public, was further proven when it illegally executed nine inmates on death row, (following a pronouncement by President Jammeh to kill all death row inmates) and conspired with state security agencies to cover it up.

Moreover, the contempt shown by The Gambia government to the ECOWAS Court, by its refusal to honor the court ruling to produce Chief Ebrima Manneh and compensate his family, as well as compensate Musa Saidykhan for torture meted out to him whilst under the custody of state security agents. Arbitrary arrests and cruel treatment has now become a weapon wielded by the Jammeh regime against the citizenry, where acts of police brutality are rampant.

The African Commission on Human and Peoples’ Rights must now, after decades of humiliation and disrespect shown to it by the Gambia government, be freed of the shackles of its host nation, and provided with the a home that respects and espouses the prescribed articles of the continental human rights Charter: article 3- equality before the law and protection by the law; article 4- respect for human life; article 6- right to liberty and protection from arbitrary arrest; article 7- right to fair trial and presumption of innocence until proven guilty; article 9: right to receive information and express and disseminate such information within the law; article 10- freedom of association; article 11- freedom of assembly; article 12- freedom of movement; article 25 duty to promote human rights; article 26- duty to guarantee independence of courts. All such articles have been systematically and deliberately breached by the regime of the very nation that such a sacred document was named after, and entrusted with the privilege of hosting a continental human rights body.

Excellencies,

The government of The Gambia has betrayed the trust of its own citizens and foreign nationals alike. And it has also demonstrated that it is an unreliable partner and an unworthy host of an enterprise established to protect and promote the rights of the African citizenry. The sole honour of calling Gambia host of the ACHPR must now be withdrawn; a bold move that will demonstrate Africa’s resolve to uphold the sanctity of life, right to liberty, freedom, good governance and democracy.

We believe that the Government of the Gambia does not possess the moral authority in principle and practice, to continue to be bestowed with the privilege of hosting a human rights Commission secretariat, since it has demonstrated time and again that the protection of and respect for human rights is not a priority. The act of relocating the human rights Commission from The Gambia will be a milestone in our collective journey travelled over the 25 years we marched, as we embarked on a continental quest of promoting human rights for every African man, woman and child; irrespective of ethnicity, political leanings, different orientations, religion or race.

We therefore call on all member states of the African Union, to relocate the African Commission on Human and Peoples` Rights from The Gambia;

Excellency, we thank you for your attention to these concerns. We remain available to provide further information as may be useful.

Sincerely,

OS52-letter relocation Commission (full text in English, PDF)

Declaration of the NGO Forum to the African Commission

Posted on October 8, 2012 by huridocs

We the NGOs participating at the NGO Forum preceding the 52^nd session of the African Commission on Human and Peoples Rights at La Foundation Felix Houphouet-Boigny, Yamoussoukro, Cote d’Ivoire from 6^th- 8^th October 2012

Contrary to previous NGO Forums during which numerous resolutions were presented to the Commission we will hereby present one declaration highlighting the various issues that we as the NGO Forum believe to be critical. While some of these issues have been addressed by the Commission additional work still needs to be done. The purpose of this document is to remind the Commission of the various resolutions presented about these issues and to encourage it to take the necessary steps to ensure that violations within these domains. Specifically, recommendations will be presented.

We recognize the Commission’s work towards the advancement of various mechanisms adopted over the years to improve human rights in the region despite the difficult working conditions in monitoring accountability and redress of violations.

Freedom of Expression

Regarding Freedom of Expression, the NGO Forum calls upon the African Commission on Human and Peoples’ Rights to:

Adopt and actively implement ATI laws in line with Article 9 of the African Charter and the Declaration of Principles on FOE in Africa
Ratify the AU treaties that impact on ATI and FOE on the continent
Implement fully recommendations from the Commission
Put in place urgent and effective mechanisms to protect journalists from attacks by State entities and private individuals
We also urge the Commission to pass a resolution urging the AU Head s of State summit to urge Member States to pass a Special Declaration allowing citizens and CSOs direct access to the African Court on Human and Peoples’ Rights

Murder and Violence on the Basis of Sexual Orientation and Gender Identity

Regarding the murder and violence on the basis of sexual orientation and gender identity, the NGO Forum calls upon the African Commission on Human and Peoples’ Rights to:

Pass a resolution condemning the increased incidences of murder and violence on the basis of real or perceived sexual orientation and gender identity across Africa and to call on States to respect their obligations under the African Charter to investigate and prosecute both state and non-state actors who perpetrate these violations and abuses

Indigenous Peoples

Regarding the rights of indigenous peoples, the NGO Forum calls on the ACHPR to:

Ensure specific attention to and protection for the rights of indigenous populations uprooted from their lands and territories as a consequence of discriminatory government policies, the impact of armed conflicts, and the actions of private economic interests.

Refugees, Migrants, and IDPs

Regarding the state of refugees, migrants, and IDPs, the NGO Forum calls upon the ACHPR to:

Support the SR to visit each sub-region, in particular South Africa, Libya, Equatorial Guinea, Mali, and Kenya, to identify the real situation of refugees and migrants and the state of their rights on the ground.
Remind states of their obligations under the African Charter and other instruments related to migrant, refugee and IDP rights,
Urge states to ratify, domesticate, and implement the provisions of the Kampala convention
Encourage states to cooperate with SR visits, in line with their mandates.
Reaffirm the ACHPR’s recognition of the rights of Indigenous People.
Develop a binding protocol to the African Charter for non-state actors to comply with human rights standards
Comply with article 169 of ILO
Comply with the UN resolution on Indigenous Peoples.
Ensure the legal enforceability of ESC rights of indigenous peoples.
Ensure free prior informed consent as a framework for development that may affect the lives and livelihoods of Indigenous People.
Ensure access to justice for people whose economic, social and cultural rights are violated
Strengthen the legal enforcement of economic, social and cultural rights

People with Disabilities

Regarding the situation of people with disabilities in Africa, the NGO Forum calls upon the African Commission on Human and Peoples’ Rights to:

Collaborate with civil society organizations to draft an African Protocol for Persons with Disabilities
Urge member states which have not signed and ratified that United Nations Convention on the Rights of Persons with Disabilities to do so
Support a visit by Special Rapporteurs to Mali and Cote d’Ivoire to investigate the state of the rights of persons with disabilities and elderly persons, and to include their findings in their report

Children’s Rights

Regarding the rights of the child, the NGO Forum calls upon the African Commission for Human and Peoples’ Rights to:

Ensure coherence and collaboration between the various communications and state reports on issues regarding the rights of the child
Facilitate the collaboration of Commission and Committee members stationed in the same country to conduct joint in-country missions regarding the rights of the child
Urge member state to condemn the practice of human trafficking, particularly of women and children, address the root causes of such trafficking, and enforce measures against trafficking, and facilitate the return of victims of trafficking and provision of compensation
Consider establishing a thematic group on youth to report on the state rights of youth in all reports, and submit all youth-related recommendations from their reports to the AU Committee on the Africa Youth Charter.
Reinforce and accelerate cooperation between the AU Committee and the African Commission for Human and Peoples’ Rights

Pre-trial Detention, Policing, and Torture

Regarding the issues of pre-trial detention, policing, and torture, the NGO Forum calls upon the African Commission for Human and Peoples’ Rights to:

Call on states to ensure that arrests are carried out on grounds clearly established by law, in accordance with international standards, without discrimination for any reason.
Call on states to guarantee that prison conditions are in accordance with international standards and protect all rights of detainees
Urge state parties to allow access to the Special Rapporteur on Prisons and Places of Detention in Africa to all detention facilities in their respective countries.
Call upon states to uphold the international standards for prisoners’ rights to legal counsel, access to medical care, and freedom from torture
Call upon states to ensure that police forces abide by international standards for public order policing, including refraining from the use of excessive force.
Urge member states which have not ratifying the UN CAT to do so.
Develop specific guidelines for member states to fully address the needs of survivors of torture as per Part III of the Robben Island Guidelines.

Women’s Rights

Regarding the status of women in Africa, the NGO Forum calls upon the African Commission to ensure:

That the Special Rapporteur on Women’s Rights in Africa use the Protocol on the Rights of Women as a blue print to analyze all state reports and require that all state parties to the Charter and the Protocol ensure that women’s issues are incorporated into their reports on their countries.
That all special mandates incorporate women’s rights in their specific mandates and closely collaborate with civil society to evaluate the progress of states in implementing of recommendations made by the Special Rapporteur on the Rights of Women.

Transitional Justice

Regarding the issue of transitional justice in the African countries, the NGO Forum calls upon the African Commission to:

That the African Commission supports domestic mechanisms to address the impunity gap beyond the prosecution of persons bearing the responsibility for serious crimes.
Promote increased emphasis on restorative justice.
Call on States to include victim participation at all levels in transitional justice processes to adequately address their needs.
Ensure the development of mechanisms that secure and protect victim participation.
To encourage a multi-sectoral approach to transitional justice mechanisms which include consultations with relevant actors and institutions.
Encourage the development of context specific transitional justice mechanisms as derived from victim and stakeholder consultation.
Continue supporting institutional reform in countries going through a transition.

Environment, Human Rights, and Extractive Industries

Regarding the issues of environment, human rights, and extractive industries, the NGO Forum calls upon the African Commission to:

Monitor the Marikana Commission of Inquiry and the Liability of Police and the Mining Companies in the events of 16^th August 2012.
We call for the establishment of the Special Rapporteur on Rural Development to focus on local communities and their land rights, environmental impact, consultation, compensation and reparation.

Human Rights Defenders

Regarding the situation of human rights defenders in the African continent, the NGO Forum calls upon the African Commission to:

Provide special attention and ensure protection for groups of human rights defenders who are facing greater risks, including as women human rights defenders, LGBTI activists, journalists, bloggers and others working in the field of media, defenders working in environment rights, defenders working during conflict situations, indigenous populations and people living in African islands.
Urge member states to take effective steps towards demilitarization of institutions and reform of laws curtailing and criminalizing the work of human rights defenders, and include the UN Declaration on Human Rights Defenders in the national laws.

Death Penalty

Regarding the death penalty, the NGO Forum calls upon the African Commission for Human and Peoples’ Rights to:

Strongly condemn the execution of nine inmates in The Gambia on 23 August 2012, as well as the secrecy which surrounded the execution and the refusal to return their bodies to relatives, and call upon the government of Gambia to respect the right to life and to comply with the moratorium on the death penalty
Condemn the executions that took place in South Sudan in 28 August 2012

Country Situation of Particular Concern; Sudan

Regarding the special situation of Sudan, the NGO Forum calls upon the African Commission for Human and Peoples’ Rights to:

Condemn the killing of civilians by Sudanese government in Darfur, in the Nuba mountains and in the Blue Nile

Reprisals

On the issue of reprisals against those who cooperate with the African human rights system, the NGO Forum acknowledges the adoption by the African Commission in its 50^th session of the resolution ACHPR/Res.196(L) 2011 calling on African states to end reprisals against individuals and groups which collaborate with the African human rights system. However, those who collaborate with the African human rights system continue to be targeted. Therefore, the NGO Forum requests the commission to set up a follow-up mechanism which will allow the Commission to collect all the cases of reprisals and to hold concerned governments accountable, taking the UN system as an example.

Done in Yamoussoukro, Ivory Coast

8^th October, 2012

OS52-Declaration NGO Forum (full text of Declaration in English, PDF format)

Summary Report of the NGOs Forum preceding the 51th Ordinary Session of the African Commission on Human and Peoples’ Rights and 25th African Human Rights Book Fair: 14-16 April 2012 – Banjul, The Gambia

Posted on April 27, 2012 by admin

The Forum on NGO Participation in the Work of the 51^st Ordinary Session on the African Commission on Human and People’s Rights and the 25^th African Human Rights Book Fair, organised and facilitated by the African Centre for Democracy and Human Rights Studies in collaboration with the African Commission on Human and Peoples’ Rights and the NGO Forum Steering Committee was held at the Kairaba Beach Hotel, in Banjul, The Gambia from 14-16 April, 2012.

The Forum brought together over 200 participants and facilitators from over 26 countries in Africa and included participants from in Europe, and the United States. The participants and facilitators were generally from Non-Governmental Organisations with a few representatives from National Human Rights Institutions and government non-governmental organisations in the deliberations. Five Commissioners participated at one point or another. A number of Commissioners of the African Commissioners or steered the discussion in the Special Interest Working Groups relevant to their mandates. This participation was noted and welcomed by all participants, which was a source of motivation.

The three-day activity was declared open by Hon. Commissioner Soyata Maiga, Special Rapporteur on the Rights of Women in Africa on behalf of the Chairperson of the African Commission on Human and Peoples’ Rights (ACHPR); The keynote address presenting an overview of the situation of human rights and democracy in Africa was delivered by Madame Souhayr Belhassen, President of the FIDH (International Federation of Human rights Leagues). Various representatives including the Attorney General and Minister of Justice, Mr. Lamin Jobarteh, who welcomed participants; A Representative of the NGO Forum Steering Committee – Mrs. Paulette Oyane-Ondo; and the Executive Director of ACDHRS made statements at the opening ceremony. The occasion was chaired by Mr. Mohammed Mabassa Fall, Executive Committee Member, Governing Council, African Centre for Democracy and Human Rights Studies.

The programme was guided by the provisional agenda for the 51^st Ordinary Session of the African Commission circulated prior to this meeting and prepared in consultation with participants and the Secretariat of the African Commission respectively, with the aim to review and formulate strategies and recommendations on the following themes:

New Developments in the human rights and democracy situation in Africa: The inaugural presentation by Madame Souhayr Belhassen highlighted the state of human rights and democracy in Africa as well as the rights of specific groups. She acknowledged the progress made by some states and noted the deterioration in others due to armed conflict, tribal wars, calamities and environmental degradation and failure in constitutional obligations. In the session that ensued, The Forum then concentrated much attention on the two countries whose country reports would be considered at the 51^st Session, namely Sudan and Angola. Reports on Sudan, while praising an African Charter compliant country tolerant enough to allow a woman to run for the presidency, the voices remained equally critical of the continuing genocide and impunity in that country. In a presentation supported by film footage, Angola was depicted as having made some positive strides especially developments in meeting the MDGs, the brutal suppression of the freedom of expression, freedom of association and the curtailment of freedom of information was a cause for concern as were severe violations of the rights of women. Corruption and nepotism, it was pointed out, is a syndrome in both countries. Diverse situations were raised, including legislations to muzzle freedom of the press and media and the hazardous situation of human rights defenders, among others.

Considering the conflicting array of news coming out of Mali, and the interest it has been stirring in Africa and beyond, The Forum was also briefed on the situation. The worsening humanitarian crisis in that country torn in two with various rebel factions in the northern half struggling for independence while the other half is recovering from the rude shock of a coup d’état barely a month before elections which has tarnished the 20 years of democracy in that country. The need for humanitarian assistance was a matter of urgency as famine is creeping in that Sahelian landlocked country.

Guinea Bissau was also reviewed in the aftermath of its inconclusive elections. Other issues of concern and raised included the rising unrest of the Boko Haram sect in Nigeria; the increase in violent repression of non-violent demonstrations in many African countries including Tunisia; the developments following the Arab Springs; forthcoming elections, especially Egypt; repressive laws and pending bills before parliaments against people of different sexual orientation and gender identities particularly in Cameroon, Liberia, Malawi and Uganda; the situation and growing impunity in some countries including DRC, Burundi and Somalia, among others

Thematic special interest groups reviewed the situation relating to Refugees and Internally Displaced Persons; Minorities and Indigenous Persons; Women and Children; the Death Penalty. Human Rights Defenders; the International Criminal Court; Torture; the African Court; the International Criminal Court; and Freedom of the Press; Torture; Prison conditions and many others as well as proposed strategies for effective networking and participation in the African Commission.

In reviewing the positive developments best practices were show cased. Women and property rights were highlighted, with an emphasis on ownership rather than just possessory rights. Beneficiaries of the project have made strides in Ghana, Cameroon, Nigeria and Tanzania and elsewhere in interventions providing legal aid as well as making the linkages between knowledge, ownership and HIV/AIDS. It was noted however, that in spite of much success, sustainability after donor withdrawal remains a challenge faced by a number of the grantees.

Another best practice was the operationalisation of UN Resolution 1325 as an ideal mandate for the participation of women in the political process and the example of the ‘Situation Room’ as a tool that has trained women to take their place in the electoral processes was also shared reinforcing advocacy for greater involvement of women in the electoral process successfully implemented in Liberia and Senegal. However, the challenge of meeting the quota for women’s representation remained.

In continuing the celebration of 100 years of women’s rights advocacy, The Forum highlighted many other developments including discussion on reproductive health and rights centred around Article 14 (1) (e) and (d) of the Protocol on the Rights of Women in Africa.

Emphasis was also made on the need to further develop advocacy strategies for the universal ratification and implementation of the Protocol to the African Charter on the Rights of Women in Africa as well as the African Charter on Democracy, Elections and Governance.

The intersection between HIV/AIDS and human rights promoted the use of the Protocol as one of the main tools to address this endemic was reviewed bearing in mind the fact that women suffer much more than men under the scourges of this pandemic, especially under a climate of violence against women.

The disturbing situation of human rights defenders was brought to the fore with the viewing of a poignant film show on “The Chebeya Affair : A State Crime” a chronicle of an exceptional trial and fascinating political thriller about the work and death of Floribert , Chebeya, the late human rights activist from the Democratic Republic of Congo.

The Forum discussed in depth the issue of Freedom of Expression and Access to Information led by the African Platform on Access to Information campaign. Rooted in the provisions of Article 19 of the Universal Declaration of Human Rights, Article 9 of the African Charter on Human and Peoples’ Rights, Article 4 of the Declaration of Principles on Freedom of Expression in Africa and the Windhoek Declaration on Press Freedom. It was worthy to note that 18 AU member states provide constitutional guarantees to access to information. The Forum was urged to endorse the need for governments and relevant bodies to advance the right of access to information.

Furthermore, discussion on state broadcast systems taking into consideration the values entrenched in the Declaration of Principles on Freedom of Expression in Africa revealed that reform has been slow. The call was therefore raised for the urgent transformation of public broadcasters to unfettered systems free from political interference and governed by independent boards answerable to parliaments. Access, it was opined, is no longer a media or journalism matter but is about human rights.

The intersection between human rights violations and extractive industries in Africa was revisited in greater depth during this session. Presentations highlighted the environmental challenges, safety, security and the sometimes corrupt collusion with states and non state parties as well as customary law and the need to consider reparation for damage to land and society. It is evident that capitals where diamonds are mined have the poorest neighbourhoods and worst quality of lives. The Forum requests the African Commission to urge states and the international community to address the situation by developing and or harmonising legislation to reflect rights and environmental protection as well as other accountability and monitoring mechanisms in collaboration with human rights groups. In the same vein, it was also agreed that reparation should be given much attention.

In line with the objectives of the Networking for Human Rights in Africa session, which was geared towards the provision of more information between the three main partners i.e. the African Commission; States; and Civil Society, in the development and maintenance of an effective human rights community, the Forum was updated on some of the advocacy interventions by civil society at the UN Human Rights Council in three main areas of interest to the Forum, namely the case of Eriteria, Libya and LGBTIs. A degree of success was registered in all three cases.

Opportunities for networking and collaboration continue to be at the core of Forum. It was therefore worthy to note that networking and collaboration continues to be one of the objectives of the Forum. Relationships among civil society and between civil society and other partners especially the African Commission were examined to consolidate on the strategies for effective collaboration between these groups with a common goal of promoting and protecting human rights in Africa. Civil Society access to support and collaborate with this network among others was revisited and shared among participants. Consultations were held to enhance the development of the Defending Civil Society toolkit developed by World Movement for Democracy seeking to address principles that enhance the observance and respect of human rights defenders in a bid to collect and share various tips and inputs for the sharing of information.

As is usual, the sessions were well attended and characterised by a dynamic and interactive participation coupled with a sense of purpose as well as constructive exchanges of information, experiences and expertise. Participants approached their work with much determination, energy and objectivity. We recognized and applaud the progress made by the African Commission and its mechanisms to ensure the effective promotion and protection of human rights in Africa.

The Forum on the Participation of NGOs in the Work of the 51st Ordinary Session of the African Commission on Human and Peoples’ Rights was declared closed by the Chargée d’Affaires of the European Union Mission in the Gambia, Madame Agnés Guillaud. The Representative of the Commissioner for Political Affairs, Dr. Salah Hammad gave an update on the development of the Human Rights Strategy for Africa, the Africa Governance Architecture; the Africa Governance Platform and the Year of Shared Values. Other speakers included H.E. Mrs. Catherine Dupe Atoki, Chairperson of the African Commission and Mr. Mohammed Mabassa Fall on behalf of the Chairperson of the African Centre for Democracy and Human Rights Studies; Mr. Abdoul Gadiry Diallo, a member of the NGO Forum Steering Committee. The vote of thanks was made by Sister Gertrude.

On behalf of the Forum, Resolutions and Recommendations have been formulated and will be forwarded, to the African Commission for their kind consideration. The Forum took the liberty of reviewing some of these resolutions and recommendations from the previous Forum. They will also be shared with all interested partners.

It is worthy to note that all the recommendations and resolutions below were adopted unanimously by consensus except for the one on Refugees and Migrants which was put to the vote:

1. Thematic Resolutions

TRES/001/4/12 – Economic, Social and Cultural Rights

TRES/002/4/12 – Access to Information in Africa

TRES/003/4/12 – Freedom of Expression and Protection of Journalists in Africa

TRES/004/4/12 – Freedom of Expression in Somalia

TRES/005/4/12 – HIV/AIDS

TRES/006/4/12 – Human Rights Defenders (only in french)

TRES/007/4/12 – Older Persons and People with Disabilities

TRES/08/4/12 – Police and Human Rights

TRES/009/4/12 – Refugees, Asylum Seekers and Internally Displaced Persons

TRES/0010/4/12 – Reproductive Health Rights of Women

TRES/0011/4/12 – Sexual Orientation and Gender Identity

2. Thematic Recommendations

TREC/001/4/12 – Death Penalty in Africa

TREC/002/4/12 – Freedom of Expression and Protection of Journalists in The Gambia

TREC/003/4/12 – Prisons and Conditions of Detention in Africa

TREC/004/4/12 – Torture

3. Country Resolutions

CRES/001/4/12 – Angola

CRES/002/4/12 – Malawi

CRES/003/4/12 – Mali (only in french)

CRES/004/4/12 – Somalia

CRES/005/4/12 - Sudan

4. Declaration:

Natural Resources Management

5. Letters

Letter regarding the human rights situation in Eritrea

Letter regarding the recommendations of the International Commission of Inquiry on Libya

ACDHRS, April 2012 – Banjul, The Gambia

Letter regarding the human rights situation in Eritrea

Posted on April 16, 2012 by admin

Dear Honourable Minister,

The participants of the above-mentioned Forum present their compliments to your respective offices.

We, the undersigned non-governmental organisations, participating at the NGO Forum and the 51st Ordinary Session of the African Commission on Human and Peoples’ Rights, are writing to call to your attention the ongoing widespread and systematic human rights violations in Eritrea and to call on African Union Member States to take urgent action to respond to this appalling situation.

In September 2001, eleven prominent government officials who demanded implementation of the Constitution and ten independent journalists were arbitrarily arrested and detained. Over ten years later, their fate is unconfirmed: while some are reported to have died in detention, the others remain in harsh detention centres without due legal process. Thousands of their fellow citizens face a similar fate. An Eritrean can be arrested and imprisoned without charge or trial for years upon end merely for being critical of the government, belonging to what the government defines as a ‘wrong’ religious group, or refusing to comply with the indefinite national service imposed on all Eritreans over the age of 18 years.

Torture, arrests, killings and forced labour are common. No independent civil society organizations have permission to operate inside Eritrea, and since 2001 there has been no independent domestic media.

The humanitarian situation in Eritrea is critical. Food is rationed and distributed by the government and severe hunger is widespread. The health infrastructure, such as it exists, cannot cope with the burden of widespread infectious diseases.

Members of Eritrean civil society in exile and their supporters have sought redress at the African Commission on Human and Peoples’ Rights. In two separate decisions, the African Commission has found the government to be in violation of fundamental rights contained in the Charter and requested the release of the government officials held incommunicado since September 2001 (250/02 Liesbeth Zegveld and Mussie Ephrem vs. Eritrea; November 2003) and for at least 18 journalists also held incommunicado to be given access to their lawyers (275/03 Article 19 vs. Eritrea; May 2007). To date, Eritrea has ignored both these decisions.

Concern for the situation in Eritrea has also been expressed at the United Nations. In a resolution tabled by Nigeria and Gabon in December 2011, the UN Security Council decided to extend sanctions on Eritrea. A number of UN special procedures have sent communications and requested country visits, which the government has so far ignored. Most recently in March 2012, 44 countries from all regions supported a statement at the Human Rights Council requesting the High Commissioner on Human Rights to report on the situation of human rights in Eritrea.

We believe that the dire human rights situation in Eritrea merits a more sustained and serious engagement on the part of the African Commission on Human and Peoples’ Rights.

The undersigned organisations therefore recommend:

The African Commission on Human and Peoples’ Rights to take all necessary measures for the effective implementation of their decisions and to seek support from all stakeholders, including member states of the African Union;
the member states of the African Union to ensure the effective implementation of the ACHPR decisions on Eritrea;
the members states of the African Union, especially those who are members of the UN Human Rights Council, to support the appointment of a Special Rapporteur who would report to the UN Human Rights Council on the human rights situation in Eritrea;
the Government of Eritrea to permit special mechanisms of the ACHPR and the UN special procedures unhindered access to visit the country.

While thanking you for your kind consideration, please accept the assurances of our highest consideration.

Yours Faithfully,

Hannah Forster (Mrs)

Executive Director

Chairperson, NGO Forum Steering Committee

On behalf of the participants of the NGOs Forum

achpr51-ngo forum-letter-eritrea-2012-eng (letter, PDF)

TRES/011/4/12: Resolution on the Human Rights on the Basis of Sexual Orientation and Gender Identity in Africa

Posted on April 16, 2012 by admin

We, participants at the Forum on the Participation of NGOs in the 51^st Ordinary Session of the African Commission on Human and Peoples’ Rights and 25^th African Human Rights Book Fair held in Banjul, The Gambia from 14-16 April 2012

Recalling “the inherent dignity of and the equal and inalienable rights of all members of the human family” and that “All human beings are born free and equal in dignity and rights” and that all human rights are universal, interdependent, indivisible, and interrelated;

Affirming that “human beings of all sexual orientation and gender identity are entitled to the full enjoyment of all human rights” as established in the Yogyakarta Principles on the application of international human rights law in relation to sexual orientation and gender identity and as recently highlighted by the UN Secretary General;

Gravely concerned that instances of harassment, discrimination, persecution, violence and murder on the basis of real or perceived sexual orientation and gender identity are increasing across Africa;

Condemning the increasing clampdown on freedom of association and assembly of people on the basis of real or perceived sexual orientation or gender identity throughout the continent, with recent government closures of human rights workshops in Uganda, Sudan and Cameroon;

Alarmed by the increased instances of police targeting and arresting of people on the basis of their real or perceived sexual orientation or gender identity, including in Cameroon, Burundi, Ethiopia and The Gambia;

Concerned that 36 African countries criminalize consensual same-sex conduct between adults;

Deeply concerned that an increasing number of countries have recently introduced bills to criminalize, further criminalize and worsen the penalties for, homosexuality, including Nigeria, Liberia and Uganda;

Recalling that laws that criminalize consensual same-sex conduct between adults violate the right to non-discrimination, the right to equality before the law, the right to privacy, the right to freedom of expression, association and assembly, the right to be free from torture and other cruel, inhuman or degrading treatment, and the right to liberty and security of the person under international human rights law;

Gravely concerned at police impunity in countries where hate violence, including rape and murder, motivated by homophobia, against people on the basis of real or perceived sexual orientation or gender identity is at an all-time high, such as in South Africa;

Noting that laws that criminalize consensual same-sex conduct between adults impede access to HIV prevention, treatment and care, thereby increasing the incidences of new infections of and negative impact of HIV/AIDS throughout the continent, and thereby violating the right to the highest attainable standard of health.

Acknowledging the first ever UN panel on sexual orientation and gender identity which took place in March 2012, at which the UN Human Rights Commissioner presented her report on discrimination and violence on the basis of sexual orientation and gender identity, which confirmed that the rights on the basis of sexual orientation and gender identity are firmly grounded in international human rights law;

Acknowledging the efforts of South Africa, Rwanda and Mauritius in working towards the protection of human rights for all, including on the basis of sexual orientation and gender identity;

Recalling that the African Charter on Human and Peoples’ Rights (African Charter) affirms the right to non-discrimination under Article 2; the right to equal protection of the law under Article 3; the right to life and integrity of the person under Article 4; the right to be free from arbitrary arrest and detention under Article 6; the right to freedom of association under Article 10; the right to the highest attainable standard of health under Article 16; and refers throughout to the rights of ‘every individual’;

Recalling the mandate of the African Commission to protect and promote the human rights of all persons, and acknowledging that it is uniquely placed to be able to reverse the trend of criminalization and persecution on the basis of sexual orientation and gender identity in Africa through showing regional leadership, and asserting that no matter what people’s religious, cultural or personal opinions are about homosexuality, African governments have a responsibility to respect, protect and fulfill the human rights of all persons.

Hereby call on the African Commission for Human and Peoples’ Rights to pass a resolution:

Condemning persecution on the basis of sexual orientation and gender identity by governments across Africa.
Calling on States to end impunity of state and non-state actors on violence against people on the basis of sexual orientation and gender identity.
Unequivocally stating that laws that criminalize consensual same-sex conduct between adults violate the non-discrimination and equality provisions of the African Charter on Human and Peoples Rights.
Asserting that cultural and religious rights can peacefully coexist with the rights to non-discrimination and equality.

Emphasizing that governments across Africa have a responsibility to respect, protect and fulfill the human rights of all persons, no matter what their sexual orientation or gender identity.

Calling on states to cease arbitrary arrests and imprisonment of individuals on the basis of sexual orientation and gender identity.

Calling on states to repeal laws that criminalize consensual same-sex conduct between adults, and amend other laws that are implemented with the purpose of persecuting individuals and communities based on their sexual orientation and gender identity, such as laws against indecency, cross-dressing, impersonation, and debauchery, among others.

Calling on states with anti-homosexuality bills pending to withdraw such bills with immediate effect.

Committing the African Commission to develop principles and standards on the prevention of persecution, discrimination and violence against people on the basis of sexual orientation and gender identity by state and non-state actors alike. Such principles and standards should be based on the African Charter, the African Commission’s jurisprudence, and the standards elaborated by the UN human rights bodies and experts.

Committing the African Commission to developing a rigorous and effective investigation, documentation and reporting mechanism for human rights abuses on the basis of real or perceived sexual orientation or gender identity. This should include mandating the Special Rapporteur on Human Rights Defenders, the Special Rapporteur on the Rights of Women and the Special Rapporteur on the Freedom of Expression, and the Working Group for the Protection of the Rights of People Living With HIV, and Those at Risk, Vulnerable to and Affected by HIV to coordinate a Special Committee to investigate, document and report on these violations in order to develop appropriate responses and interventions.

Done in Banjul – 16^th April, 2012

TRES/010/4/12: Resolution on the Reproductive Health Rights of Women in Africa

Posted on April 16, 2012 by admin

We, participants at the Forum on the Participation of NGOs in the 51^st Ordinary Session of the African Commission on Human and Peoples’ Rights held in Banjul, The Gambia, from 14-16 April 2012.

Recalling that women’s reproductive rights are protected by the African Charter on Human and People’s Rights which is further affirmed by the Protocol on the Rights of Women in Africa.

Recalling that the African Union declared 2010 to 2020 as the Africa Women’s Decade therefore prioritising the advancement of women’s rights.

Recalling that the Protocol on the Rights of Women in Africa specifically recognises women’s health and reproductive rights in Article 14.

Noting that African States have committed to the achievement of Millennium Development Goals particularly MDG5 to improve maternal health by reduction of the maternal mortality ratio and improving access to reproductive health.

Alarmed that women in Africa are far from fully realising their reproductive health rights despite all the aforementioned protections due to State Parties lack of fulfilment and commitment to the same.

Deeply concerned at the lack of access to health facilities and services that has resulted in the deaths of women in Africa, as evidenced by the high maternal mortality rate in Africa.

Condemning the continued negligence of African states in actualising the reproductive health rights of women in Africa.

Therefore urge the African Commission to consider and pass this resolution and to call upon African States to prioritise the promotion, protection and advancement of the reproductive health rights of women in Africa and to take immediate steps to:

Enact legislation, formulate policies and other measures to fulfil their obligations under the African Charter and the Protocol on the Rights of Women in Africa;
Take positive steps to ensure the implementation of existing legislation and policies that provide for the protection and promotion of women’s reproductive health rights;
Reform and repeal those laws and policies that restrict access to safe abortion services and put women’s lives at risk on a daily basis;
Lift reservations placed on the Protocol on the Rights of Women in Africa, which defeat the realisation and promotion of women’s rights as intended by the Protocol, in particular reservations entered against Article 14, which guarantees women’s reproductive health rights;
Take immediate steps to reduce the high rate of maternal mortality in Africa, by ensuring provision of reproductive health care, including access to safe abortion services, as stipulated by the Protocol on the Rights of Women in Africa;
Promote the reduction of unplanned pregnancies by ensuring women have regular access to family planning education and services;
Allocate sufficient resources towards health and reproductive health care programmes and adhering to the Abuja Declaration to scale up government funding for health to at least 15%.

Done in Banjul 16 April, 2012

TRES/009/4/12: Resolution on the Rights of Refugees, Asylum Seekers, Migrants and Displaced Persons

Posted on April 16, 2012 by admin

We, participants of the Forum on the Participation of NGOs in the 51^st Ordinary Session of the African Commission on Human and Peoples’ Rights held in Banjul from 14-16 April, 2012;

Recalling the resolution on the rights of refugees, asylum seekers, migrants and displaced persons adopted by the African NGO Forum in Banjul October 21, 2011 and submitted to the African Commission on Human Rights and Peoples;

Deeply concerned by the recent mass arrests targeting hundreds of sub-Saharan nationals, including women and children in the cities of Nouakchott and Nouadhibou by Mauritanian security forces, their detention and their collective deportation towards the borders with Mali and Senegal;

Deeply concerned by the increase, since last fall, of violent roundups, robbery leading in some cases to killings of sub-Saharan nationals, including refugees, asylum seekers, unaccompanied minors and pregnant women in major cities of Morocco and the region of Nador and Oujda and mass-expulsion towards the Algerian border;

Deeply concerned by the situation of 200 000 Malians who fled their country, in particular the lack of assistance to states where these refugees are located;

Deeply concerned by the proliferation of detention centers for migrants in many African countries;

Deeply concerned by increasingly restrictive asylum policies resulting in unreasonable length of asylum request processing time and the very low number of refugee status given in particularly in Senegal and South Africa;

Deeply concerned by the lack of access to justice and legal assistance;

Condemn the numerous violations of human rights protected under the African Charter on Human and Peoples’ committed in the course of these events, including the principle of non-discrimination (Article 2), the right to respect for life and physical and moral integrity of the person (Article 4); the prohibition of torture and cruel, inhuman or degrading treatment (Article 5); the prohibition of arbitrary arrest and detention (Article 6); the right to a fair trial and the right to seize the competent national authorities (Article 7); the right to free movement (Article 12.1); asylum (Article. 13), the principle of due process in deportation proceedings (Article 12.4); the prohibition of collective expulsion of aliens (Article 12.5);

And finally we reiterate our request to see the resolution on the rights of refugees, asylum seekers, migrants and displaced persons of above 21 October 2001 adopted by the African Commission on Human Rights and Peoples.

Done in Banjul – 16 April 2012

TRES/08/4/12: Resolution on Policing and Human Rights

Posted on April 16, 2012 by admin

We participants of the Forum on the Participants of NGOs preceding the 51^st Ordinary Session of the African Commission on Human and Peoples’ Rights and the 25^th African Human Rights Book Fair held in Banjul from 14-16 April, 2012 hereby

reiterate the importance of the police sector in the promotion and protection of human rights and resolved to pursue its efforts to facilitate domestic, regional and continental discussions on this topic;
urge the African Commission on Human and People’s Rights to encourage and collaborate with the partners of these initiatives, which will culminate in a continental conference on Policing and Human Rights in 2013, and
further urge the African Commission to identify mechanisms to facilitate the ongoing dialogue with the Working Group.

Done in Banjul – 16^th April, 2012

TRES/007/4/12: Resolution from Special Interest Group on Older Persons and Persons with Disabilities

Posted on April 16, 2012 by admin

We, the participants of the NGO Forum preceding the 51^th Ordinary Session of the African Commission on Human and People’s Rights and 25^th African Human Rights Book Fair held from 14 – 16 April 2012 in Banjul, The Gambia

Acknowledging the inclusion of experts on Disability in the Working Group on Older Persons and Persons with Disabilities and the commencement of the development of the Protocol on Older Persons; hereby the African Commission to:

Conclude the process of drafting the African Protocol on Older Persons.
Consult widely with Persons with Disabilities across regions in the drafting of the African Disability Protocol.
Promote, protect and defend the rights of Persons with Disability,
Call upon all other African governments that have not signed or ratified the United Nations Convention on the Rights of Persons with Disabilities, especially The Gambia, Swaziland, Benin and Cote d’Ivoire, to speedily do so in order to enable them enjoy the rights enjoin African States that have signed and ratified the United Nation enshrined in the Convention.

Done in Banjul – 16^th April, 2012