Tag Archives: African Commission on Human and Peoples’ Rights

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

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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 25th 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 52nd 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 52nd 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 52nd 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

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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)

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

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The Forum on NGO Participation in the Work of the 51st Ordinary Session on the African Commission on Human and People’s Rights and the 25th 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 51st  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 51st 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

Statement By: Mrs. Hannah Forster, Executive Director, African Centre for Democracy and Human Rights Studies and Chairperson of the NGO Forum Steering Committee

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Statement By: Mrs. Hannah Forster, Executive Director, African Centre for Democracy and Human Rights Studies and Chairperson of the NGO Forum Steering Committee, on Behalf of Participants of the Forum of NGOS at the Official Opening of the 50th Ordinary Session of the African Commission on Human and Peoples’ Rights, 24th October, 2011, Sheraton Gambia Hotel Resorts and Spa, The Gambia.

Honourable Attorney General and Secretary of State for Justice and National Assembly Affairs representing the Republic of The Gambia;
My Lord, Chief Justice of The Republic of The Gambia;
My Lord, Justices of the Republic of The Gambia;
Honourable Members of the National Assembly;
Honourable Ministers,
Dr. Salah Hammad, representing H.E. Mrs. Julia Dolly Joiner, 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);
Representatives of the African Court on Human and Peoples’ Rights,
My Lord, Chief Prosecutor of the International Criminal Tribunal for Rwanda;
Your Excellencies, Members of the Diplomatic and Consular Corps;
Distinguished Executive Members of the Governing Council of the African Centre for Democracy and Human Rights Studies (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

It is with pleasure and with a great sense of humility that I stand before this distinguished gathering of the African human rights community, charged with the responsibility to give a statement on behalf of all my colleagues of the Forum of NGOs in work of the 50th Ordinary Session of the African Commission on Human and Peoples’ Rights.

On behalf 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, once again.

Your Excellencies, Distinguished Ladies and Gentlemen

The Forum wishes to also express our gratitude to the Government and people of The Gambia for their hospitality, in facilitating the activities of the 50th Ordinary Session and to reiterate the appreciation of the participants of the Forum of NGOs for the warmth afforded them since their arrival. The Forum would also wish to acknowledge the consistency demonstrated in hosting the African Commission sessions.

Your Excellencies, Distinguished Ladies and Gentlemen,

The Forum on the Participation of NGOs in the 50th Session of the African Commission on Human and Peoples’ Rights, commonly referred to as the NGO Forum was held from the 19-21 October, 2011 a few days before the commencement of this historic Session of the Commission.

Noting that this year is an important one for human rights in Africa, and considering that the Banjul Charter is 30 years old this year, while the Commission is 25 years, the Forum adopted the theme ‘30 years of the African Charter 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. In its wake, the African Charter has seen the formulation, adoption, ratification, domestication and implementation of numerous instruments; decisions and mechanisms to match this growing tide. Moreover, we are all here today, witnesses at this momentous golden jubilee session of the African Commission and would like to take this opportunity to congratulate Her Excellency, the Commissioner for Political Affairs, Mrs. Julia Dolly Joiner; the Chairperson and Members of the African Commission; the Secretary and Members of the Secretariat; all State Parties and indeed the people of Africa for whom this instrument was developed.

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 these 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 Rwanda genocide remains a constant reminder on the extent to which unrestrained lawlessness and lack of commitment to early warning can lead to unwarranted loss of life, property and above all dignity.

The full report of the Forum together with the adopted resolutions and recommendations will be forwarded, for the kind consideration of your august body, as our contribution to your deliberations at the 50th Session. Allow me, distinguished ladies and gentlemen, to highlight and share with you some of the concerns and evolving issues raised during the Forum.

Instances of serious violations of human rights and international humanitarian law in varying degrees were cited particularly in the Democratic Republic of Congo (DRC); Egypt; Guinea Conakry; Malawi; Mauritania; Nuba Mountain and Sudan.

The Forum received reports of escalating physical violence and verbal abuse on journalists and human rights defenders; impunity of the armed forces that have committed violations of international human rights law as well as violations of human rights violations as the DRC prepares for elections next month.

The African Commission is urged to call on the authorities, to among other things, guarantee the independence of the institutions charged with the management of the elections at all stages of the process and to encourage the relevant authorities respect their constitutional provisions and international obligations.

It was observed that in Egypt, while the state of emergency is yet to be lifted, trials of civilians before military courts has continued unabated since January 28, 2011, causing much concern. Furthermore, severe infringements on freedom of peaceful assembly, leading to extra-judicial killings and acts of violence against protesters continue to take place.

In Guinea Conakry, the Forum was concerned by the brutal repression and use of force on opposition parties during a protest march against the composition of the National Independent Electoral Commission and the prevailing circumstances surrounding the organisation of legislative elections.

In Malawi, the deteriorating of the rule of law, abuse of executive power, erosion of human rights and academic freedom, among other violations. On July 20, 2011 protesters, mostly civilians, were met with bullets and batons during a peaceful protest march, resulting in the death of a University student, Robert Chasowa. It was also reported that the intimidation and harassment of civic leaders, human rights defenders and academics continues unabated. The Forum urges the abovementioned States to ensure that the perpetrators do not go unpunished.

The Forum recognised and applauded the African Union’s firm stance against undemocratic and unconstitutional change but draws attention to emerging moves referred to as the ‘new forms of coup d’etats’ characterised by constitutional amendments to legalise extended terms of office by incumbents, the latest being witnessed in Senegal, in the wake Uganda, Nigeria, among others. We, therefore, applaud the work done by the African Union and its partners towards the development, adoption, ratification and implementation of the African Charter on Democracy, Elections and Governance (The African Democracy Charter), a useful tool in the promotion and protection of democracy. We sincerely request the African Commission to urge States that have not ratified to consider doing so and thereby expedite its entry into force.

Consequently, we would request the African Commission to adopt a resolution publicly condemning all violations of international human rights and humanitarian law committed by all persons in all conflicts in Africa and to work with the African Union in their resolution.

While it was recalled that a good number of African countries will go to the polls within the next 12 months, the Forum called on the African Commission to urge relevant authorities in such countries to ensure the organisation of free and fair elections. The international community is urged to support civil society participation in these forthcoming elections.

Distinguished Ladies and Gentlemen

There is no doubt, that the violations in some of these countries already indicate warning signs of deterioration in the system. We further urge the Commission to propose concrete steps to ensure the resolution of these aforementioned conflicts.

Similarly, the human rights situation in countries like Zimbabwe has not ceased to attract the attention of the Forum, particularly in the review of housing as a human rights and more specifically at forced evictions. The need to provide aid and protection to the victims of the forced evictions and demolitions was reemphasised.

The suppression of freedom of the press continues to be the order of the day on our continent with formulation of draconian laws, harassment, intimidation, killings and arbitrary detention.

Your Excellencies, Distinguished Ladies and Gentlemen,

Although the situation of Human Rights Defenders on the continent continues to be very hazardous, we are heartened by the appointment of a Special Rapporteur for Human Rights Defenders in Africa to facilitate coordination and collaboration in this theme within the African Commission. The Forum wishes to express its satisfaction so far in working with this mechanism and urge the African Commission to provide sufficient resources for the maintenance of this mechanism to ensure greater impact.

The settling situations of refugees returning to Sierra Leone, Angola, and Liberia continue to bring some hope, however, we remain gravely concerned by some involuntary movements of refugees and internally displaced persons especially in countries where there have been long periods of displacement.

It is believed that in such situations, there is need to offer special protection particularly to women and girl children who often find themselves open to abuse as a result of break down in security. The Forum therefore, wishes to request the African Commission to urge States to ratify the Kampala Refugee Convention and thereby strengthened the legal framework dealing with refugees and internally displaced persons in Africa..

Moreover, it has been revealed that the use of torture and the application of the death penalty continue to be practiced in some States. We would wish to call on the African Commission to urge States to prohibit torture and to commit themselves to its abolition as well as condemn the death penalty. The promotion and use of the Robben Island Guidelines was highly recommended to States.

Distinguished Ladies and Gentlemen

The Forum continued to review the continuing depletion of Africa’s resources and the deterioration of the environment as a result of the lack of transparency in investments and corporate policy was also a preoccupation and the Forum has developed further strategies to address this theme. The need to revisit agreements between African countries and multi-laterals to ensure a fair and equitable sharing of profits realised from Africa’s resources cannot be emphasised.

The Forum also emphasised the necessity of popularising the various documents emanating particularly from the African Union and the African Commission to ensure that the messages contained therein reach our constituents – the African populace. The importance of human rights education was also underscored in view of the fact that despite that African Charter is 30 years old, many citizens of Africa are still not aware of its existence.

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.

Your Excellencies, Distinguished Ladies and Gentlemen,

Participants to the Forum of NGOs noted with satisfaction the entering into force of the African Court on Human and Peoples’ Rights, which provided the first step towards the tackling of impunity on our Continent and the consolidation of the Commission’s decisions. We would wish the African Commission to appeal to States, which have not ratified the Protocol, to speedily ratify and therefore enable the inevitable implementation of the Protocol to the Court, especially in relation to signing the Declaration which gives access to individuals and NGOs.

Distinguished Ladies and Gentlemen,

The entry into force of the Protocol to the African Charter relating to the Rights of Women in Africa indeed marked a major step in the promotion and protection of the rights of women in Africa and a tangible demonstration of successful collaborative work between the AU, the African Commission and human rights NGOs in Africa. We, therefore, wish to congratulate all the 31 countries that have ratified the Protocol but fervently hope that universal ratifications by other states would ensue shortly, in order to provide the much needed momentum to put into action gender equality in our various countries.

Your Excellencies, Distinguished Ladies and Gentlemen

While applauding the gender parity policy adopted by the African Union, which continues to make history and is a clear testimony of its dream for the women of Africa, the Forum urges States to replicate similar policies at the national level in conformity with the Solemn Declaration on Gender Equality in Africa.

Your Excellencies, Madam Chairperson and Members of the African Commission, Distinguished Ladies and Gentlemen,

We cannot conclude this statement without making mention of the wave of impunity that remains very poignant on the continent.

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 same vein, participants reiterated their readiness, particularly NGOs with Observer Status, to work in collaboration with the African Commission, and of course, the African Union, in the furtherance of human rights, good governance and the rule of law in Africa. It is heartening to observe the seriousness and commitment of participants in the preparations leading to their participation in this Session. Our passion is to witness much more change in the landscape and we are confident that with the unflinching support of the African Union all should be well.

The Forum, however, expressed concern over the constraints faced by the African Commission in the implementation of its mandate and would like to take this opportunity to launch an appeal to the international community to support the strengthening of this institution.

Your Excellencies, Distinguished Ladies and Gentlemen, on behalf of the participants of the NGO Forum, allow me to wish the Honourable Chairperson and all the Members of the African Commission fruitful deliberations and a successful golden jubilee Session.

Thank You.

HJF

ACDHRS-October 2011

 

TREC/004/10/2011: Resolution on Prevention and Prohibition of Torture and other Inhuman and Degrading Treatment or Punishment; and Prisons and Conditions of Detention in Africa

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We, the participants to the NGO Forum in the 50th Ordinary Session of the African Commission on Human and Peoples’ Rights and 24th African Human Rights Book Fair held from 19th – 21st October, 2011 in Banjul, The Gambia

Concerned about the persistent practice of unlawful arrests and arbitrary and secret detention throughout the continent, enforced disappearances which often result in the use of torture and ill-treatment of people in violation of the African Charter, in particular Articles 4 and 5,

Concerned by the conditions of places of detention, in particular overcrowding, the lack of access to health, to water and food, the absence of separation between women and men, juveniles and adults, the lack of adequate prisons and facilities for prisoners with disability, women and their children in clear violation of Articles 5 and 6 of the African Charter on Human and Peoples’ Rights (“African Charter”),

Noting that an independent national oversight mechanism to monitor all places of detention and prisons would address some of these issues,

Preoccupied by the lack of prompt access of detainees, especially while in police and prison custody, to lawyers, doctors, health facilities and family members and the insufficient recording of arrested persons kept in police and prison custody and the length of pre-trial detention in violation of Article 7 of the African Charter,

Recalling the obligations of Member States under the African Charter and noting that 43 Member States have ratified the UN Convention against Torture and Cruel, Inhuman and Degrading Treatment and Punishment (“UN Convention against Torture”),

Concerned about the lack of the express criminalization of torture in the domestic law of the majority of Member States despite their obligation to do so, often preventing victims of torture and ill treatment to access justice,

Noting that the absence of criminalization of these offences must not prevent the adequate investigation and prosecution thereof,

Aware of the continued impunity of alleged perpetrators of acts of torture and ill treatment and enforced disappearances, often due to, inter alia, a lack of political will to investigate and prosecute, the lack of an independent judiciary, corruption, the absence of a relevant legal framework and practical facilities to carry out investigations and/or the fear of victims of reprisals and intimidation when attempting to seek justice,

Conscious of the risks of victims of these crimes in filing complaints on a national and regional level and the important role of the African Commission in this respect,

Recalling the opportunities provided under the African Charter and the Robben Island Guidelines to address violations of the African Charter, in particular Articles 1, 4,5,6 and 7,

Recalling in particular that the African Commission has a crucial role to play on the Continent to protect and promote the rights enshrined in these Articles in particular through its Communication procedure, developing jurisprudence on pertinent human rights issues and its two special mechanisms, i.e. the Special Rapporteur on Prisons and Centres of Detention and the Committee for the Prevention of Torture in Africa (CPTA),

We therefore call on the African Commission:
To adopt a resolution at its 50th session calling on Member States to:

  • Comply with their obligations under the African Charter, the UN Convention against Torture and the Convention for the protection of all persons from enforced disappearances, in particular through the criminalization of these offences in their national legislation in accordance with international law standards;
  • Provide victims with the right to a remedy and full reparation, including rehabilitation, restitution, compensation, just satisfaction and guarantees of non-repetition;
  • Carry out training of key stakeholders, bearing in mind international law standards and in particular the Istanbul Protocol on the investigation and documentation of torture and other ill treatment;

Done in Banjul – 21st October, 2011

 

TREC/003/10/2011: Recommendation on State Reporting to the African Charter on Human and Peoples’ Rights in Africa

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We, the participants to the NGO Forum in the 50thOrdinary Session of the African Commission on Human and Peoples’ Rights and 24th African Human Rights Book Fair held from 19th – 21st October, 2011 in Banjul, The Gambia

Having observed the general lack of compliance to the submission of country reports to the African Charter on Human and Peoples’ Rights;

Noting the commitment made by African states to the submission of country reports as stipulated in Article 62 of the African Charter on Human and Peoples’ Rights

Further noting that guidelines to state reporting on the Protocol to the African Charter on Women’s Rights in Africa were also adopted by the African Commission during the 48th Session of the African Commission on Human and Peoples’ Rights

Concerned about the lack of political will by member states to comply with the reporting requirements to the African Charter on Human and Peoples’ Rights

Deeply concerned about the lack of effective monitoring mechanisms to ensure member states’ compliance with the reporting requirements and subsequent follow up to ensure actual implementation of recommendations made by the African Commission on Human and Peoples’ Rights’

Hereby recommend to the African Commission on Human and Peoples’ Rights to:

  • Strongly urge member states with outstanding reports to submit their country reports forthwith and adhere to adopted reporting guidelines;
  • Reinforce the importance of compliance with Article 62 of the Charter and the reporting guidelines to the Protocol to the Charter on Women’s Rights in Africa; and
  • Undertake to effectively monitor compliance of Article 62 of the African Charter and follow up on recommendations made after state reporting

Done in Banjul – 21st October, 2011

TREC/002/10/2011: Recommendations on Children’s Rights

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We, the participants to the NGO Forum in the 50th Ordinary Session of the African Commission on Human and Peoples’ Rights and 24th African Human Rights Book Fair held from 19th – 21st October, 2011 in Banjul, The Gambia

Recognising the child’s unique and privileged position in the African society as reiterated in the African Charter on the Rights and Welfare of the Child (African Children’s Charter) and the African Charter on Human and Peoples’ Rights (African Charter)

Noting with grave concern that children’s rights have seldom featured in the work of the Commission in the past thirty years since the adoption of the African Charter on Human and Peoples’ Rights; and

Deeply concerned that despite ACHPR Resolution 144 in 2009 calling for greater collaboration between the African Commission and the ACERWC, this has not been effectively implemented to yield results for the children on the African continent

Hereby recommend to the African Commission on Human and Peoples’ Rights to:

  • Reinforce its linkage and collaboration with the African Committee of Experts on the Rights and Welfare of the Child (ACERWC) by calling for a Special Rapporteur on Children. The mechanism can be from within or outside the Commission but still reports to the Commission; and
  • Mainstream child rights in the work of the Commission. To this end we call for the commission to develop guidelines on the child rights mainstreaming in all its activities.

Done in Banjul – 21st October, 2011

TREC/001/10/2011 : Recommendation on the Granting of Observer Status to the Coalition of African Lesbians (CAL)

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We, the participants to the NGO Forum in the 50th Ordinary Session of the African Commission on Human and Peoples’ Rights and 24th African Human Rights Book Fair held from 19th – 21st October, 2011 in Banjul, The Gambia

Recalling the provisions of the African Charter on Human and Peoples’ Rights which entrusts it with a treaty monitoring function and the mandate to promote human and peoples’ rights and ensure their protection in Africa;

Recalling the resolution on the criteria for the granting and enjoyment of observer status of non-governmental organisations working in the field of human rights with the African Commission on Human and Peoples’ Rights;

Recalling the resolution on the protection of human rights defenders in Africa;

Recognizing the on-going violations of the rights of human rights defenders in many member states;

Concerned at the failure of the African Commission on Human Peoples’ Rights to grant observer status to the Coalition of African Lesbians, an organization that meets the criteria for eligibility to the granted observer status.

Recognizing that the Coalition of African Lesbians is a human rights organization that works to protect LGBTI people from human rights violations including: discrimination, extrajudicial killings, rape, hate crimes, and other forms of sexual violence.

Deeply concerned that despite efforts by civil society organizations to obtain reasons for the refusal to be granted observer status, the Commission has repeatedly failed to do so;

Recognizing that the African Commission on Human and Peoples’ Rights works to protect human rights defenders from human rights violations and should be cognizant of the heightened risk that LGBTI human rights defenders are faced with.

We therefore recommend that the African Commission:

  • Reconsiders its decision to granting observer status to the Coalition of African Lesbians
  • Reassure that working for the protection against human rights violations based on sexual orientation and gender identity should not constitute a bar from enjoying observer status with the African Commission of Human and Peoples’ Rights;
  • Create an environment that enables civil society organizations to participate and use the African human rights protection mechanisms to protect human rights.

Done in Banjul – 21st October, 2011