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

TRES/005/4/12: Resolution on the Protection of the Rights of People Living with HIV and Those at Risk, Vulnerable to and Affected by HIV

Posted on April 16, 2012 by admin

Recalling the mandate of the African Commission on Human and People’s Rights to promote and protect the human rights of all people, including people living with HIV, and those at risk of, vulnerable to, and affected by HIV

Recognising that the HIV and AIDS pandemics in Africa are accompanied by high levels of HIV-related stigma and discrimination and other violations of rights

Recognising further that people living with HIV and those at risk of, vulnerable to, and affected by HIV are currently subjected to gross human rights violations in Africa

Recalling commitments by African member states to promote and protect human rights, and especially women’s human rights, in the context of HIV; to achieve the Millennium Development Goals (MDGs) on the continent; and to fulfil the commitments made in the Abuja Declaration and the African Common Position on Universal Access to HIV and AIDS prevention, treatment, care and support by 2010

Recalling the special resolution on the Establishment of a Committee on the Protection of the Rights of People Living with HIV and Those at Risk, Vulnerable to and Affected by HIV [ACHPR/Res163(XLVII)2010] and its mandate

Noting that of all people living with HIV globally, 68% live in Sub-Saharan Africa; and 76% of all women living with HIV are situated in Sub-Saharan Africa in 2010; and that the experience of violence increases the risk of HIV transmission by them

Noting further that people living with HIV, especially women and other key populations at higher risk of HIV, such as sex workers, people who inject drugs, men who have sex with men, lesbian women, gay men, bisexual, transgender and intersex people, continue to have their human rights compromised, threatened and violated in the context of, and in the response to, HIV, despite the commitment to promote and protect human rights, and especially women’s rights and the rights of people living with HIV and those at risk of, vulnerable to and affected by HIV

Particularly alarmed by legislative trends in Africa to criminalise HIV transmission and exposure, as well as the non-disclosure of HIV; and its adverse impact on women’s and other key populations’ HIV risks, the protection of human rights in the context of HIV, and the effectiveness of national and regional responses to the HIV in Africa

Particularly alarmed by the extent to which the denial of freedom of expression and association for women and other key populations at higher risk of HIV, such as sex workers, men who have sex with men, lesbian women, gay men, bisexual, transgender and intersex people, and people who inject drugs not only perpetuates prevailing levels of HIV-related stigma, discrimination and other violations of rights, but also maintains limited access to and benefit from available HIV prevention, testing, treatment, care and support services

Greatly alarmed by the impact of the continuing denial of property and inheritance rights for women, leading to many women losing their homes, inheritance, possessions, livelihoods and event their children if their positive HIV status becomes known and/or if their partner dies

Deeply concerned by the impact of laws and policies that limit the access to services for people living with and at higher risk of HIV, including women and girls, young people, people in prisons, sex workers, lesbian women, gay men, bisexual, transgender and intersex people and people who inject drugs in Africa on both the risks of HIV and related rights violations and abuses

Deeply alarmed by the lack of adequate availability of and access to treatment for people living with HIV who are in need of and eligible to receive treatment and medicines

Deeply concerned further by the high levels of violence and abuse, including sexual abuse and rape, as both the cause and consequence of HIV transmission and related rights abuses

Deeply alarmed by gross human rights violations experienced especially by women, such as forced HIV testing and disclosure as part of accessing antenatal care; sterilisation without consent and forced abortions among women living with HIV; the rape and denial of access to justice for Lesbian women; harassment and violence by law enforcement agents against sex workers; and high levels of stigma, discrimination and denial of adequate access to available HIV prevention, testing, treatment, care and support services for most at risk populations, including men who have sex with men

Deeply concerned also about the lack of adequate access to timely and just legal and other redress mechanisms as and when violation of rights in the context of HIV occur for people living with HIV, those at risk of, vulnerable to and affected by, HIV

Call on the African Commission on Human and People’s Rights to:

Recognise both the occurrence and impact of rights violations based on and in the context of HIV, and the response to HIV, in Africa
Reaffirm its commitment to the promotion and protection of the rights of people living with HIV and those at risk, vulnerable to and affected by HIV, including women, girls, youth, people with disabilities, people in prison, and other key populations at higher risk of HIV, such as sex workers, people who inject drugs, men who have sex with men, lesbian women, gay men, bisexual, transgender and intersex people
Engage all parties to repeal laws that facilitate gross human rights violation in the context of HIV and AIDS, such as the sterilisation without consent of positive women and the denial of quality and reproductive health services to women living with HIV
Recommend the removal of punitive laws and discriminatory legislative and policy provisions that promote human rights abuses in the context of HIV at a national and regional level
Criminalisation of HIV exposure and transmission, and non-disclosure of HIV
Mandatory and/or forced HIV testing
Restrictions of access to HIV information and services, due to age, sex, gender, sexual orientation and gender identity and/or HIV status
Take necessary measures to guarantee the right to freedom of expression and association by means of de-criminalisation and thus, promoting and protecting the rights and well-being of sex workers, lesbian women, gay men, bisexual, transgender and intersex people and other key populations at higher risks so as to ensure adequate access to and benefit from available HIV prevention, testing, treatment, care and support services; and thus the effectiveness of national and regional responses to HIV
Take necessary measures to guarantee women’s rights to property and inheritance, and to ensure that women are not forcibly evicted and/or lose their possessions and livelihoods as a result of a HIV positive status
Engage all state parties to take necessary measures to increase and ensure equitable access to treatment for everyone in need of and eligible to treatment in medicines
Ensure the provision of quality integrated services so as to facilitate that women, especially women living with HIV, and other key populations at higher risk of HIV, are treated with dignity and respect, and are free of violence, coercion, stigma and discrimination, whilst ensuring access to services based on fundamental human rights of informed consent, counselling and confidentiality
Recommend to member states to recommit and ensure adequate financing for healthcare so as to achieve the highest attainable standard of HIV prevention, testing, treatment, care and support services, as noted in the Abuja Declaration of 2001

Done in Banjul – 16 April 2012

TRES/004/4/12: Resolution on Freedom of Expression in Somalia

Posted on April 16, 2012 by admin

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

Recognizing that the effective exercise of the right to freedom of expression is an important indicator of the level of protection of other human rights and freedoms, bearing in mind that all human rights are universal, indivisible, interdependent and interrelated;

Emphasizing that freedom of expression is a fundamental human right guaranteed on the one hand by Article 9 of the African Charter on Human and Peoples’ Rights, and on the other hand, by the Universal Declaration of Human Rights (in particular, in its Article 19), the International Covenant on Civil and Political Rights (in particular, in its Article 19) and other treaties, resolutions, international instruments and national constitutions;

Considering the provisions of the Constitutive Act of the African Union, the Charter of the United Nations Organisation as well as those of the African Charter on Human and Peoples’ Rights and other regional and international human rights instruments to which Somalia is a state party and that as a state party Somalia is legally bound to fully and effectively implement the provisions of these instruments and respect and promote the human rights and fundamental freedoms set therein without discrimination on any ground;

Welcoming regional and international efforts to restore peace, and stability in Somalia, and to combat impunity, to uphold fundamental human rights and to hold accountable individuals accused of planning, executing, condoning or encouraging the commission of human rights abuses;

Concerned that the Somali people are denied their fundamental human rights and dignity as enshrined in African Charter of Human and People’s Rights and other international human rights mechanisms;

Noting that violence in Somalia remains a powerful influence that enforces a culture of silence and impunity as the violence and fear of violence affects the work of journalists and the enjoyment of freedom of expression and fundamental human rights;

Deeply concerned that violations of the right to freedom of expression continue to occur, including increased attacks directed against, and killings of, journalists, and stressing the need to ensure greater protection for all journalists;

Apprehensive of the grave reality that Somalia is the most dangerous place in Africa today for journalists and other media workers, and that since January 2012 four journalists have been killed in targeted attacks;

We call upon the African commission to do the following:

To urge the Somali authorities and international community to establish and support an independent commission of enquiry or alternative independent mechanism to conduct thorough and independent investigations into all instances of violence and threats of violence against Somali journalists, including soaring cases of murder, and bring those responsible to justice;
To condemn criminal acts against journalists and the right of freedom of expression, and take appropriate actions to end the hostility to independent media and to hold the violators of journalists rights accountable.

Done in Banjul – 16^th April, 2012

TRES/003/04/12: Resolution on Freedom of Expression and Protection of Journalists in Africa

Posted on April 16, 2012 by admin

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

Conscious that Freedom of Expression plays a vital role in the effective enjoyment of all other human rights and conscious that the assuring safety and security of journalists forms an integral part of the protection of the rights to information

Horrified by the killing of four journalists in Somalia these last five months

Denouncing the increasing of physical attacks of journalists/media houses by both state agents and non-state agents in African state like Tunisia, Guinea Conakry, Angola, Sudan, Senegal, Mali, Guinea Bissau

Noting that these physical attacks are systematic in critical periods or situations such as of electoral campaigns, demonstrations, coups, etc.

Concerned by the persistence of lawsuits against journalists affiliated and human rights activists in most African countries as it is the case in Côte d’Ivoire, The Gambia, in Zimbabwe

Noting that these lawsuits are favoured by the existence in these countries of inadequate legal frameworks touching to freedom of expression and access to information

Further concerned by the prevalence of illegal arrests and detentions of journalists on the continent, namely in The Gambia, Côte d’Ivoire and in Eritrea where 32 journalists are still in jail with some of them reported dead

Noting that journalists continue to be seriously threaten, discredited, humiliated or impoverished in relation to their work by the state machinery using comprehensive systems to weaken or suppress independent journalism as it is the case in Ethiopia and Burundi where terrorism charges are used against journalists; in Sudan with the government security agents systematically raided private media houses after publication and confiscated large publication forcing these media houses to lose lot of revenue while at the same time prosecuting journalists . In the same vein the government is also buying out some of the private media, with a mission to entirely change the editorial line and focus. Journalists are specifically targeted and attacked with impunity while covering demonstrations.

Recalling the 2002 Declaration on Principles of Freedom of Expression and Access to Information in Africa and previous resolutions, particularly the 2011 resolution on freedom of expression, access to information and protection of journalists

We recommend the African Commission to:

To follow up on the effective application of the Declaration and resolutions by facilitating country visits of the Special Rapporteur on FoE/AI in the countries mentioned
To urge African states to stop killings, physical attacks, malicious and illegal lawsuits against journalists as well as the any other machinery geared towards the suppression of freedom of expression
To urge African Union member States to engage in transforming state broadcasters into independent public media that are free from any type of interference
To urge African states to adopt access to information laws

Done in Banjul- 16^th April, 2012

TRES/002/4/2012: Resolution on Access to Information in Africa

Posted on April 16, 2012 by admin

We the participants at the NGO Forum 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 from 14^th-16 April, 2012 in Banjul, The Gambia

Remembering the 1991 Windhoek Declaration on Promoting an Independent and Pluralistic African Press and viewing the significant progress that has been made in the past 20 years on freedom of expression, access to information and the free flow of information;

Stating that Access To Information (ATI) is the right of all natural and legal persons, which consists of the right to seek, access and receive information from public bodies and private bodies performing a public function and the duty of the state to prove such information;

Emphasising that access to information is an integral part of the fundamental human right of freedom of expression, essential for the recognition and achievement of every person’s civil, political and socio-economic rights, and as a mechanism to promote democratic accountability, good governance;

Acknowledging that access to information is instrumental to fostering access to education and health care, gender equality, children’s rights, a clean environment, sustainable development and the fight against corruption;

Recalling Article 19 of the Universal Declaration of Human Rights of 10 December 1948, which guarantees that: “Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers”, Article 19 of the International Covenant on Civil and Political Rights and the UN Human Rights Committee General Comment No. 34 adopted in 2011 which states that Article 19(2) of the ICCPR includes the right of access to information held by public bodies, and Article 1.2 of the UNESCO Constitution;

Underlining Article 9 of the African Charter on Human and Peoples’ Rights adopted by the Organisation of African Unity (OAU) on 27 June 1981, which provides that, “Every individual shall have the right to receive information”;

Reaffirming Article IV(1) of the Declaration of Principles on Freedom of Expression in Africa, adopted by the African Commission on Human and Peoples’ Rights at its 32nd Ordinary Session held in October 2002, which provides that “Public bodies hold information not for themselves but as custodians of the public good and everyone has a right to access this information, subject only to clearly defined rules established by law”;

Cognisant of the African Union Convention on Preventing and Combating Corruption, the African Charter on Values and Principles of Public Service and Administration, the African Charter on Democracy, Elections and Governance, the African Youth Charter and the African Statistics Charter, all of which promote transparency in public life.

Welcoming the efforts of the African Commission on Human and Peoples’ Rights Special Rapporteur on Freedom of Expression and Access to Information in developing a Model Law for AU Member States on Access to Information, aimed at assisting Member States in formulating, adopting or reviewing access to information legislation and its implementation;

Mindful of the efforts of international organisations and others to develop principles and declarations on the right of access to information and freedom of expression including the 2010 Brisbane Declaration “Freedom of Information: The Right to Know”, the Atlanta Declaration and African Regional Findings, the Accra Agenda for Action, the Lagos Declaration on the Right of Access to Information, the Johannesburg Principles on National Security, Freedom of Expression and Access to Information, and the Declaration of Table Mountain;

Aware that the World Summit on the Information Society (WSIS) brought to the forefront the importance of access to information in the modern world through the Geneva Declaration of Principles and Tunis Commitment and that the Internet Governance Forum (IGF) plays a crucial role in bringing together all of the stakeholders to facilitate an international internet governance debate that includes issues of access and openness;

Recognising the work of the African Union Commission to give practical expression to the various instruments of the African Union on freedom of expression and access to information, through such initiatives as the Pan African Media Network and portal, the new AU website, social networks, the media centre, training programmes, ensuring media access to the AUC leadership, and publication of other information materials among others; as well as its efforts in promoting Information and Communications Technology (ICTs) in Africa;

Encouraged that over 90 countries around the world have adopted comprehensive national access to information laws or regulations including ten in Africa; that many countries in Africa have joined the Extractive Industries Transparency Initiative, the International Aid Transparency Initiative and the Open Government Partnership; and that the Economic Community of West African States is moving towards adoption of a binding Supplementary Act for a Uniform Legal Framework on Freedom of Expression and Right to Information;

Concerned that most African nations have not yet adopted comprehensive ATI laws or regulations and that significant problems remain with both the substantive provisions of many of those that have adopted laws and the full implementation of the laws;

Acknowledging that civil society organisations and government bodies around the world have adopted 28 September as International Right to Know Day;

Convinced that it is of critical importance that clear and comprehensive principles are established to guide the promotion and protection of the right of access to information in Africa through the adoption and effective implementation of appropriate national laws and regulations;

We confirm resolutions of the NGO Forum and call upon ACHPR to:

Endorse the African Platform and Access to Information (APAI) Declaration
Pass a resolution authorizing the ACHPR Special Rapporteur on Freedom of Expression and Access to Information in Africa to expand Part IV of the Declaration of Freedom of Expression in Africa to include principles of the APAI Declaration
Urge ACHPR state parties to adopt national Access to Information laws based on APAI Declaration
Pass a resolution requesting the African Union Summit of January 2012 to:

adopt September 28 International Right to Information Day
initiate an Experts meeting to develop a continental wide instrument on the Right of Access to Information.

Done in Banjul – 16^th April, 2012

TRES/001/4/2012: Resolution on the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights

Posted on April 16, 2012 by admin

Recalling the ACHPR’s mandate to promote and protect human and peoples’ rights in Africa pursuant to the African Charter on Human and Peoples’ Rights (the African Charter);

Recalling that economic, social and cultural rights are protected by the African Charter;

Recalling that economic, social and cultural rights are also protected by the African Charter on the Rights and Welfare of the Child, the Protocol to the African Charter on Human and People’s Rights on the Rights of Women in Africa as well as by international instruments ratified by many African States and in particular the International Covenant on Economic, Social and Cultural Rights;

Recalling the ACHPR’s Resolution ACHPR/Res.73 (XXXVI) 04 establishing a Working Group on Economic and Social Rights adopted at its 36th Ordinary Session, held from 23 November to 7 December 2004 in Dakar, Senegal;

Considering the ACHPR’s Principles and Guidelines on Economic, Social and Cultural Rights

Considering the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights adopted on 10 December 2008;

Concerned with the lack of realization of economic, social and cultural rights across the African continent as well as with the lack of appropriate mechanisms at the national level to protect economic, social and cultural rights;

Acknowledging the challenges and constraints that preclude the full realization of economic, social and cultural rights in Africa;

The Forum for the participation of NGOs, calls on the ACHPR to adopt a resolution urging:

States parties to the African Charter that have not done so to ratify the International Covenant on Economic, Social and Cultural Rights ;
States to ratify the Optional Protocol to the ICESCR ;
States to take immediate steps, individually and through international assistance and cooperation, to the maximum of their available resources to respect, protect and fulfil their obligations under these instruments.

Done in Banjul –16^th April, 2012