Tag Archives: Detention

Declaration of the NGO Forum to the African Commission

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

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

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

Freedom of Expression

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

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

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

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

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

Indigenous Peoples

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

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

Refugees, Migrants, and IDPs

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

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

People with Disabilities

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

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

Children’s Rights

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

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

Pre-trial Detention, Policing, and Torture

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

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

Women’s Rights

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

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

 Transitional Justice

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

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

Environment, Human Rights, and Extractive Industries

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

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

Human Rights Defenders

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

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

Death Penalty

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

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

Country Situation of Particular Concern; Sudan

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

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

Reprisals

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

Done in Yamoussoukro, Ivory Coast

8th October, 2012 

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

Letter regarding the human rights situation in Eritrea

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Dear Honourable Minister,

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

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

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

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

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

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

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

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

The undersigned organisations therefore recommend:

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

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

Yours Faithfully,

Hannah Forster (Mrs)

Executive Director

Chairperson, NGO Forum Steering Committee

On behalf of the participants of the NGOs Forum

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

CRES/004/4/12: Resolution on Sudan

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

Considering the provisions of the Constitutive Act of the African Union, the Charter of the United Nations as well as those of the African Charter on Human and Peoples’ Rights and other regional and international human rights instruments to which the Sudan is a state party and that as a state party the Sudan 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;

Highly appreciating the efforts of the African Commission on Human and Peoples’ Rights to address the situation in Sudan including its October-November 2009 visit to Sudan and recalling in this regard previous resolutions on Darfur adopted by the African Commission since its 35th Ordinary Session held in Banjul during the period 21st May – 4th June 2004;

Welcoming regional and international efforts to combat impunity, to uphold fundamental justice to the victims and to maintain durable peace in Sudan including the decision of the International Criminal Court to hold accountable individuals accused of planning, executing, condoning or encouraging the commission of war crimes, crimes against humanity and genocide in Darfur;

Deeply concerned at the deteriorating situation of human rights and fundamental freedoms in Sudan, in particular the curtailment of the freedom of the press and media, arbitrary arrest and detention without legal preview of political opponents, torture and ill-treatment of detainees;

Strongly condemn numerous incidents of enforced disappearances committed in the regions affected the armed conflict in Sudan as well as extrajudicial killings and assassinations of students, pro-democracy activists and political opponents including the recent assassinations of Dr. Khalil Ibrahim, Mr. Abdel-Hakim Issa and Ms. Awaida Ajabna;

Outraged with the continuing reports of grave violations of human rights and international humanitarian law in Darfur, Southern Kordofan State and the Blue Nile State, including indiscriminate aerial bombardment of civilian targets and displacement of civilian populations, looting of homes and destruction of property;

Recalling the Provisional Measures ordered by the Commission in regards to the situation in South Kordofan on 7 November 2011;

Abhorring the decision of the Government of Sudan to prevent UN agencies, international relief organisations and humanitarian workers access to the war-affected populations thus putting the lives of a growing number of civilians, especially women and children, at high risk;

Taking into account the submission of the Republic of Sudan’s Fourth and Fifth Periodic Report to the African Commission;

Troubled by the complete failure of the Government of Sudan to implement the Commission’s Concluding Observations and Recommendations on the Third Periodic Report and past decisions of the African Commission in which the Commission requested the Republic of Sudan to abolish corporal punishment

Dismayed by the Sudanese authorities stance on the issues of citizenship and dual nationality, which is inherently hostile and a violation of the fundamental rights of millions of Sudanese now perceived as ‘foreigners’ and stateless in their place of birth of whom many are children

Hereby call on the African Commission to:

  • Send, as immediately as possible, a fact finding mission to the Nuba Mountains in Southern Kordofan State and to the Blue Nile State and to report its findings without delay to the concerned regional institutions.
  • Urge the Special Rapporteur on Freedom of Expression and Access to Information in Africa to use the mandate of the Rapporteur’s office to seek further information about the state of Freedom of Expression in Sudan by undertaking fact-finding missions to the country and engaging in consistent close monitoring of the situation.
  • Call on the Government of Sudan to implement the African Commission’s decisions and recommendations on the Third Report of the Republic of Sudan (2003 – 2008), in particular to criminalize torture and all forms of violence against women, end corporal punishment, revise laws regarding press freedom, and repeal Article 22 of the National Security Act that provides for immunity.
  • Urge the Sudanese and South Sudan authorities to respect the right to a nationality and freedom to determine one’s identity based on norms and international standards
  • Call upon the African Commission to leverage its mandate and relationship with its Peace and Security Council to bring to the attention of the African Union the violation of threats to mass expulsion, which is forbidden under the African Charter on Human and Peoples’ Rights
  • Take any additional measures to ensure that the Government of Sudan complies with its obligations under the African Charter on Human and Peoples’ Rights, the AU Constitutive Act, the UN Charter and all other regional and international human rights treaties to which Sudan is a state party. In particular the Commission should address the following:
  1. Demand that the parties to the conflict observe a cessation of hostilities arrangement, with immediate effect, end all military activities and attacks against civilians in Darfur, Southern Kordofan State and the Blue Nile State and put a halt to the grave violations of human and peoples’ rights in particular the forced displacement of civilians.
  2. Demand that all parties allows international relief organisations and independent reporters immediate and unconditional access to Darfur, Southern Kordofan State and the Blue Nile State in order to provide the necessary humanitarian assistance to the needy civilians in these regions.
  3. Call on the Government of Sudan to allow the safe return of displaced civilians in the war-affected regions to their areas of origin, and to restore their properties and land and to compensate the victims of the damage caused by government military actions in the two states.
  4. Demand that the government cease all violations of human and peoples’ rights including freedom of the press and to investigate all cases of extra-judicial killings and assassinations and bring those responsible for the commission of these crimes to justice.
  5. Call on the government that all persons held in its custody for political reasons or in connection with the internal armed conflict in Darfur, Southern Kordofan State and Blue Nile State must be brought before independent courts of law to determine the legality of their detention in accordance with existing regulations. All persons held without legal ground or out of judicial purview should be released without any further delay.
  6. Demand that the government of Sudan fully implement the recommendations made by the AU High-Level Panel on Darfur on the dispensation of justice and to expand international coordination around apprehension of all individuals accused by the International Criminal Court (ICC) of committing war crimes, crimes against humanity and genocide in Darfur.
  7. Demand that the government of Sudan disarm all militia groups including the PDF forces and tribal militias and to put an end to the impunity of members of the state security forces for crimes including rape and sexual violence and other human rights abuses committed against women and the girl child; and to investigate and discipline or prosecute as appropriate all perpetrators of human rights abuses.
  8. End abduction of women and children in the conflict areas.

Done in Banjul – 16th April 2012

TREC/002/4/2012: Recommendation on Prisons and Conditions of Detention in Africa

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

  • Request for a study by the African Commission on the issue of processing of persons with mental disabilities within the criminal justice systems and the provision of adequate treatment and care for such persons.
  • Urge the African Commission to set up a sub-committee to be coordinated by the Special Rapporteur on Prisons and Places of Detention to develop a system to guide the Commission on addressing the problems faced by prisons/corrections in post conflict and fragile countries and to provide guidance and assistance to ensure their compliance with international and regional human rights standards.
  • Urge the African Commission to set up an effective mechanism in consultation with civil society to collect, collate, document and disseminate best practices in prison management and conditions of detention in Africa.

Call on the African Commission to:

  • Urge all Member States to provide comprehensive support to the justice sector – the police, ministry of justice, judiciary and the prisons in such a manner as to encourage a balanced dispensation of justice in their respective jurisdiction.
  • Request all member state to put in place as a matter of urgency mechanisms to address the issues of prison overcrowding (including the use of alternatives to imprisonment), long periods of pre-trial detention, as well as ensure safety and security in prisons, police stations and other places of detention in their respective countries.
  • Urge all Member States to promote prison and community based rehabilitation and re-integration programmes for prisoners and ex-prisoners.

Done in Banjul – 16th April, 2012

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

 

TRES/001/10/2011: Résolution sur la situation des défenseurs des droits de l’Homme en Afrique

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Le Forum de participation des ONG réuni à Banjul (Gambie) du 19 au 21 octobre 2011 à l’occasion de la 50ème session ordinaire de la Commission africaine des droits de l’Homme et des peuples (CADHP)

Profondément préoccupépar l’environnement dans lequel opèrent les défenseurs des droits de l’Homme en Afrique, caractérisé dans de nombreux pays par la persistance d’arrestations et de détentions arbitraires, d’actes de harcèlement, y compris judiciaire, de menaces et autres formes d’intimidation, d’exécutions sommaires et extrajudiciaires ou encore d’actes de torture ;

Préoccupé en particulier par la multiplication des entraves, y compris des actes de répression violente, à l’encontre des défenseurs des droits de l’Homme militant en faveur du respect des institutions et principes démocratiques, en particulier dans le cadre de processus électoraux comme au Sénégal, au Burundi, au Malawi, au Swaziland, en Angola, en Egypte,ou encore au Gabon ;

Préoccupé par les actes de violence et de représailles dont sont régulièrement victimes les défenseurs des droits de l’Homme opérant dans des pays en situation de conflit ou post-conflictuelle, comme c’est le cas encore aujourd’hui au Soudan, en Somalie ou en République démocratique du Congo ;

Préoccupé par la recrudescence de tentatives de museler les défenseurs des droits de l’Homme par des voies législatives ou judiciaires visant à restreindre ou criminaliser leur action, en particulier au Zimbabwe, en Gambie, en Éthiopie ou en Algérie;

Préoccupépar la persistance des menaces, actes de harcèlements et autres formes d’intimidation à l’encontre des défenseurs des droits des lesbiennes, gays, bisexuels et transgenres (LGBT) notamment en Ouganda, au Cameroun ou au Nigeria ;

Préoccupé par la multiplication des entraves à l’action des femmes défenseures, caractérisée par des arrestations et détentions arbitraires, menaces, actes de harcèlement et autres formes d’intimidation ; notamment les tests de virginité pratiqués en Egypte ;

Préoccupé par l’impunité dont continuent de jouir les responsables d’exactions à l’encontre des défenseurs des droits de l’Homme, en République démocratique du Congo, au Burundi, en Gambie, en Ouganda, et au Kenya, où la lumière n’a toujours pas été faite sur les assassinats de défenseurs répertoriés dans ces pays ;

Le Forum de participation des ONG réuni à Banjul (Gambie) du 19 au 21 octobre 2011 à l’occasion de la 50ème session ordinaire de la Commission africaine des droits de l’Homme et des peuples recommande à la CADHP d’adopter une résolution appelant les États parties à :

  • Mettre un terme aux entraves, y compris législatives, ainsi qu’à toute forme de répression à l’encontre des défenseurs des droits de l’Homme, conformément aux dispositions de la Charte africaine des droits de l’Homme et des peuples et de la Déclaration des Nations unies sur les défenseurs des droits de l’Homme ;
  • Mettre un terme en particulier aux arrestations et détentions arbitraires, aux convocations judiciaires répétées et autres formes d’actes d’intimidation à l’encontre des défenseurs ;

 

  • Prendre toutes les mesures nécessaires pour garantir l’intégrité physique et psychologique des défenseurs des droits de l’Homme;
  • Prendre toutes les mesures nécessaires pour mener des enquêtes indépendantes sur les cas de violations des droits des défenseurs des droits de l’Homme, poursuivre et juger les responsables ;

 

  • Libérer les défenseurs des droits de l’Homme arbitrairement détenus et mettre un terme au harcèlement judiciaire à leur encontre.

 

 

 

Fait à Banjul, Gambie le 21 octobre, 2011

 

CRES/003/10/2011: Résolution sur la situation des droits de l’Homme en République de Guinée

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Le Forum de participation des ONG réuni à Banjul (Gambie) du 19 au 21 octobre 2011 à l’occasion de la 50ème session ordinaire de la Commission africaine des droits de l’Homme et des peuples (CADHP)

Réaffirmant l’importance du scrutin présidentiel qui s’est tenu en 2010 et qui doit jeter les bases d’un État respectueux des principes démocratiques et des droits humains ;

Préoccupé par la répression brutale et disproportionnée par les forces de l’ordre de la manifestation du 27 septembre 2011 organisée par des partis d’opposition pour contester les conditions d’organisation des élections législatives et notamment la composition de la Commission électorale nationale et indépendante ;

Préoccupé par les arrestations et détentions arbitraires des manifestants et les lourdes condamnations de ces derniers, allant jusqu’à un an de prison ferme ;

Préoccupé par l’impunité des forces de l’ordre responsables de violations des droits humains ;

Rappelant l’importance de la lutte contre l’impunité des auteurs des violations des droits de l’Homme, notamment concernant les exécutions sommaires perpétrées en 2007 et le massacre du 28 septembre 2009 au stade de Conakry y compris les crimes sexuels ;

Préoccupé par l’instrumentalisation par les partis de l’identité communautaire à des fins politiques;

Rappelant la nécessité d’engager un véritable processus de réconciliation pour sortir des heures sombres du passé et avancer vers une société unie et apaisée ;

Le Forum de participation des ONG réuni à Banjul (Gambie) du 19 au 21 octobre 2011 à l’occasion de la 50ème session ordinaire de la Commission africaine des droits de l’Homme et des peuples recommande à la CADHP d’adopter une résolution appelant

Les autorités guinéennes à

    • Respecter strictement les dispositions de la Charte africaine des droits de l’Homme et des peuples, plus particulièrement ses article 2, 6, 7, 9 et 11;
    • Ratifier la Charte africaine de la démocratie, des élections et de la gouvernance et le Protocole à la Charte africaine des droits de l’Homme et des peuples portant création de la Cour africaine des droits de l’Homme et des peuples en faisant la déclaration à son article 34.6 permettant la saisine directe de la Cour par les ONG et les individus ;
    • Adopter le projet de loi d’adaptation en droit interne des dispositions du Statut de Rome afin de permettre le jugement des auteurs des graves violations des droits de l’Homme ;
    • Déposer auprès de l’Union africaine les instruments de ratification du protocole à la Charte africaine sur les droits des femmes en Afrique;
    • Veiller à ce que les éléments des forces de l’ordre responsables de violations des droits de l’Homme soient poursuivis et jugés conformément aux dispositions de la Charte africaine des droits de l’Homme et des peuples ;
    • Prendre toutes les mesures nécessaires pour que les plaintes et procédures ouvertes contre les auteurs des graves violations des droits de l’Homme perpétrées en 2007 et 2009 puissent prospérer en toute indépendance ;
    • Renforcer le dialogue avec les acteurs politiques afin de garantir la paix sociale et la tenue dans les meilleurs délais et les meilleures conditions des élections législatives et d’en garantir le caractère libre et transparent ;
    • Veillez à s’abstenir de toute déclaration à caractère discriminatoire notamment sur la base d’appartenance à une des communautés nationales ;
    • Engager un véritable processus de vérité et réconciliation qui répond aux attentes de la population et selon les préconisations des organisations de la société civile.

Fait à Banjul, Gambie le 21 octobre, 2011

 

Recommendations on Prevention and Prohibition of Torture and Other Inhuman and Degrading Treatment or Punishment; and Prison and Conditions of Detention in Africa

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During the NGO Forum proceeding the 49th Ordinary Session of the African Commission on Human and Peoples’ Rights,

1. Introduction:

The Working Group focused on two thematic areas namely:

  1. Prevention and Prohibition of Torture;
  2. Prisons and Conditions of Detention in Africa.

The group assessed the situation relating to these issues and the status of compliance to human rights conditions in relation to these. The group further discussed on how to follow – up on previous resolution adopted by the commission to ensure their effective implementation and on strategies to enhance NGO engagement with the Commission and its relevant mechanisms. The group also noted best practices and obstacles faced in realisation of these rights as well as identified strategies to promote effective networking amongst the Working Group. Participants presented reports on the following African Countries: Uganda, Kenya, Cameroon, Zimbabwe, Togo, Nigeria and South Africa.

The group also noted that there are several cross-cutting issues in relation to torture and Prisons in Africa such as: Pre – Trial Justice, Mentally Challenged Persons in Prisons/Detention Facilities, Poor Legislative Framework, Lack of Adequate Health Facilities in Prisons and Detention Facilities, Refugees in Detention Centres; Solitary Confinement, etc.

Key recommendations were made by the Working Group to the Commission towards enhancing the promotion and protection of human rights in Africa with respect to prevention of Torture and other Cruel, Inhuman and Degrading Treatment, and promotion of Prison and Conditions of Detention in Africa.

2.  Recommendations:

On Torture:

1. Commends the Commission for its promotional visit to the Democratic Republic of Congo (DRC) and applauds the government of DRC for adoption of legislation criminalising torture in its jurisdiction, we are concerned that most African States are yet to criminalise torture in their respective domestic laws and urge all African States to urgently do so as well as establish the effective implementation of these.

2. Condemns the practice of extra-ordinary renditions where persons are transferred to another State where they are at a risk of being subjected to torture, cruel, inhuman and degrading treatment or punishment contrary to Article 20 of the Robben Island Guidelines.

3. Condemns the practice of expelling or extraditing individuals to other States where they are at a risk of being tortured contrary to article 15 of the Robben Island Guidelines, Article 3(1) of the United Nations Convention Against Torture, Cruel, Inhuman and Degrading Treatment or Punishment.

4. Urges the Commission to strengthen its focus on the rights of victims of torture to holistic rehabilitation including health, social, legal and other services and to justice and reparation. Furthermore, to engage with Member State to ensure that thesevictims’rights are fully respected, protected and promoted and mechanisms /structures are put in place to implement these accordingly; including activities aimed at documentation and redressing of torture and to support rehabilitation services/centres in the African region.

5. Urges the Member States to put in place measures to end impunity and to allow independent investigation to prosecute public officials responsible for acts of torture and request the Commission to take concrete steps to monitor the implementation of this.

6. Urges that Member States to make public ALL places of detention and avail the Commission and the National Human Rights Institutions as well as relevant NGOs with this information and allow access to these places of detention by national, regional and international oversight/monitoring mechanisms.

7. Urges Member States to cooperate effectively with the CPTA in order to fully implement its mandate.

On Prisons:

1. Urges the Commission to effectively engage with the African Correctional Services Association (ACSA), relevant African and international NGOs and other agencies working in the field of prisons  and develop standard norms to enhance prison reform in Africa as well as implement relevant resolutions of the Commission on Prisons and Conditions of Detention in Africa.

2. Commends the Commission on its support for the Prisons Reform Intervention in Africa and urges the Commission to further support the Prison Reform Intervention in Africa Project as well as ensure practical implementation of programmes to promote prison reform in Africa as well as work with member states and NGOs to ensure the full actualization of concrete initiatives in this regards.

3. Urges member states to effectively fund prisons in their respective countries and put in place mechanisms to bring them in accordance with international standards.

4. Requests member states to guarantee access to the Special Rapporteur on Prisons and Condition of Detention in Africa, National Human Rights Commission and to CSOs/ NGOs to Prisons and ALL places of Detention within their jurisdiction, to ensure effective monitoring, oversight of conditions and provision of support services to detainees and prisoners.

5. Urges Member States to take urgent measures to address the problems of high prison population, high number of awaiting trial prisoners and other issues relating to pre-trial justice in their respective jurisdictions and call on the Commission to monitor compliance of member states to this.

 

Done at Banjul, April 28th, 2011