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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

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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

 

CRES/006/10/2011: Resolution on the Situation of human rights in the Nuba Mountains (South Kordofan State and the Blue Nile State)

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

 

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

 

Deeply concerned at the outbreak of internal war and violence in the Nuba Mountains in Southern Kordofan State as well as in the Blue Nile State;

 

Outraged with the continuing reports of grave violations of human rights and international humanitarian law in these two regions including indiscriminate aerial bombardment of civilian targets, destruction of habitat and purposeful displacement of civilian populations, extrajudicial killing and enforced disappearance of members of the indigenous tribes of these regions;

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

 

We hereby call on the African Commission to:

 

  • To immediately send a fact finding mission to the Nuba Mountains in South Kordofan State and to the Blue Nile State and report its findings without delay to the concerned regional institutions.

 

  • 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, and in particular comply with the following:

 

  • Demand that Sudan ceases, with immediate effect, all military activities and attacks against civilians in the Nuba Mountains and in the Blue Nile State and to end the grave violations of human and peoples’ rights in particular the forced displacement of civilians.

 

  • Allow international relief organisations immediate and unconditional access to the Nuba Mountains and to the Blue Nile State in order to provide the necessary humanitarian assistance to the needy civilians in these areas.

Done in Banjul – 21st October, 2011

 

Opening Statement by Hon Abdoulie Bojang at the NGO Forum of the 49th Ordinary Session of the ACHPR

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Forum on the Participation of NGOs in the 49th Ordinary Session of the African Commission on Human and Peoples’ Rights and 23rd African Human Rights Book Fair, 25th – 27th April 2011, Kairaba Beach Hotel, The Gambia

Your Excellencies,

Honourable Ministers,

Chair and Commissioners of the African Commission on Human and Peoples’ Rights,

Executive Director of the African Centre for Democracy and Human Right Studies,

Members of the Steering Committee of the NGOs Forum,

Representatives of Civil Society Organisations,

Resource Persons and Participants of the Forum on the Participation of NGOs in the 49th Ordinary Session of the African Commission and 23rd African Human Rights Book Fair,

Member of the Press,

Distinguished Guests,

Ladies and Gentlemen,

All other protocols respectfully observed.

I feel most honoured to be invited by the African Centre for Democracy and Human Rights Studies and the African Commission on Human and Peoples’ Rights to deliver the keynote address at the Forum on the Participation of NGOs in the 49th Ordinary Session of the African Commission and 23rd African Human Rights Book Fair.

Please allow me to convey, the compliments of the Government and people of The Gambia, to you, representatives of NGOs working in Africa and beyond. I welcome you all to the Smiling Coast of The Gambia and hope you have recovered from the fatigue associated with travelling within our dear continent.

The Government of The Gambia recognises and appreciates the efforts of the African Centre for Democracy and Human Rights Studies, in facilitating this Forum, which will enable NGOs to fully participate in the work of the African Commission on Human and Peoples’ Rights. As you already know African Commission is mandated to oversee the implementation and interpretation of the rights and duties enshrined in the African Charter on Human and Peoples’ Rights.

Over the years, NGOs have become indispensable being involved in setting international human rights standards and documenting human rights violations. They have also been involved in advocacy and lobbying initiatives for the effective implementation of the provisions enshrined in human rights instruments signed and ratified by States.

While some countries on the continent register progress in terms of improving democracy and human rights situation, many more continue to stray far away from this trend.  Human rights violations continue to take place on a daily basis. I am happy to know that the situation in some of these countries will be discussed by this august gathering.

We in Parliament as elective representatives of the people across Africa, are very appreciative of the work and lofty goals and ideals of the Banjul – based AU organisations.

We are aware that you are yet to provide effective remedy to all those alleged violations taking place across the continent. A host of reasons account for this, notable among which is the need for us to revisit the Protocol establishing the African Commission on Human and Peoples’ Rights; thus to enable it move from its current status of advisory, consultative and persuasive mandate, to a more robust, proactive and binding mandate.

Similarly, most of us here in Parliament continue to perceive the Commission as a reluctant union of State actors which now requires the unreserved inclusion and participation of the citizenry, civil society and representatives of the people. I would, therefore like to urge both the African Commission and the African Centre to work together to come up with concrete proposals and recommendations on the way forward.

A Forum of this nature is very important as both Government and NGOs are provided with the opportunity to discuss issues of common interest. It does create the possibility of engaging all pertinent stakeholders in issues affecting their constituents, thereby encouraging greater understanding and support among stakeholders.

Distinguished guests, Ladies and Gentlemen,

as you may all know, the Forum is an advocacy tool adopted by the African Centre to promote networking among Human Rights NGOs in Africa and beyond. The main aim of the NGOs Forum is to foster closer collaboration among NGOs and with the African Commission on Human and Peoples’ Rights for the purpose of promoting and protecting human rights in Africa.  The African Commission is indeed very important in the work of human rights in Africa as the main body mandated to promote, protect and interpret the African Charter on Human and Peoples’ Rights, the main regional human rights instrument on the continent.

Furthermore, I understand from the agenda that there will be series of panel discussions, among them on ‘one hundred years of women’s advocacy’, ‘rights of persons with disabilities in Africa’, ‘Torture’, ‘enforced disappearances’, ‘HIV/AIDS and human rights’, ‘Sexual Orientation and Gender Identity’, ‘Elections in Africa’, amongst others. The panel should come up with strategies on how to better the situation of the issues discussed.

The issue of elections is particularly important at this time as some countries in Africa have conducted some form of elections in the first quarter of 2011. A lot more countries will conduct elections in the course of 2011 which could be Presidential, Parliamentary, Legislative, or Referendum. The Gambia is one of such of such countries where Presidential elections are to be conducted in November this year.

Ladies and gentlemen,

it would interest you at this point to know that the National Assembly of The Gambia last month ratified the Convention for the Protection and Assistance of Internally Displaced Persons (IDPs) having signed it in October, 2009.  The Convention, commonly known as the Kampala Convention is the first legally binding regional instrument in the world to impose the obligation of protection and assistance of IDPs on States.

The Convention applies to displacement caused by a wide range of causes – from conflict and human rights violations to natural or man-made disaster and development projects. It further provides standards for the protection of people from arbitrary displacement, the protection of IDPs while they are displaced and durable solutions to their displacement.

The onus now lies on both State and non-State Actors in The Gambia to move a step further to domestication and subsequent implementation of the Convention for the realisation of the rights of IDPs.

I am sure this Forum, like the previous ones, would open the platform for fruitful deliberations, resulting in the formulation of laudable strategies. This will push the continent a step forward in the process of ensuring the respect to human dignity, human rights and the democratisation process in our respective countries in Africa.

Distinguished guest, ladies and gentlemen,

in conclusion, I do recognise that you have a very tight schedule but I would wish to encourage you to make time to savour and enjoy the hospitality of this small and peaceful country, The Gambia, commonly known as the ‘Smiling Coast of Africa’.

I would wish to encourage the African Centre to share with us and other relevant stakeholders the important outcomes of this Forum. Furthermore, I would like to reiterate the commitment of the Government of The Gambia to partner with you and the NGO community in Africa as you strife for the promotion and protection of human rights.

Distinguished guests, ladies and gentlemen,

it is now my singular honour and pleasure to declare open the Forum on the Participation of NGOs in the 49th Ordinary Session of the African Commission on Human and Peoples’ Rights and 23rd African Human Rights Book Fair officially opened.

 

I thank you all for your kind attention and wish you fruitful deliberations.

Recommendation on Internally Displaced Persons, Refugees, Asylum Seekers and Migrants

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We, participants of the Forum on the Participation of NGOs in the Work of the African Commission on Human and Peoples’ Rights,

Considering that the situation of Migrants, Refugees, Asylum Seekers and Internally Displaced Persons in Africa are increasingly more often than not caused by political, social and economic reason;

Noting that the evolving changes in the causes of displacements in Africa are potential threats to further displacement, most especially, the effects of climate change, which has exacerbated the problem of displacement;

Noting that flooding and drought have affected more than 20 million people in East Africa in the last year;

Noting the increase in IDP populations in Africa, which is host to about three (3) million refugees and 13 million IDPs;

Noting that repatriation of refugees as well as resettlement and naturalization of smaller numbers of refugees has contributed to the decrease of refugees;

Noting the increasing violations of the human rights of migrants crossing the North African states to Europe and the Middle East;  implementing bilateral agreements between some European and Middle Eastern countries to prevent the entry of migrants.

Noting that contestation over citizenship and identity has emerged as a root cause of displacement in place such as the situation of Kinyarwanda speakers in the Democratic Republic of Congo (DRC) and the continued prohibition of dual nationality, has fuelled continued conflict, as is the case in a number of other African countries;

Applaud the recent use of naturalization by the Tanzanian government to mitigate this state of affairs with the recent announcement that more than 100,000 long staying Burundian refugees have been granted nationality;

Urge the government of Tanzania to ensure that this move successfully promotes their integration by speedily making available the necessary documentation to protect the rights of its new citizens;

Hereby recommend to the African Commission to:

  • progressively work in collaboration with State parties to solve the issue pertaining to IDPs, Refugee, asylum seekers, migrants and stateless persons in Africa and to urge States to embark on political reform and fully respect the principles of good governance, the rule of law and popular participation in the decision making process for the benefit of African citizens;
  • Urge States to ensure equitable distribution of national wealth, reduce poverty and implement sound sustainable development strategies to help mitigate the effects of climate change;
  • Urge State parties to speedily ratify and implement the African Convention on Protection and Assistance to the Internally Displaced Persons in Africa (Kampala Convention) as adopted by the African Union Summit of Heads of States and Government on 23rd October 2009, and the Protocols of the International Conference of the Great Lakes region on the protection of IDPs and on the Property Rights of Returning Persons;
  • Encourage The Special Rapporteur on Internally Displaced Persons and Refugees and Migrants to conduct a fact-finding mission to the following countries: Egypt, Libya, Niger, Mauritania, DRC, South Africa, Tunisia, Equatorial Guinea to assess the situation of illegal migrants, refugees and Internally Displaced Persons related to xenophobia and discrimination and to ensure that host states comply with the 1969 OAU Convention;
  • Call on African states to respect their local and international obligations on migrants, refugees, asylum seekers as well as IDPs;
  • Commence a process of standard setting on citizenship and nationality in Africa as a long term measure to reduce State abuses of African citizens to guarantee the enjoyment of the rights guaranteed under the African Charter of Human and People’s Rights.

 

Done at Banjul, May 10th, 2010

Recommendation on Refugees and Internally Displaced Persons

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We, the participants to the Forum on the Participation of NGOs in the 44th Ordinary Session of the African Commission on Human and Peoples’ Rights held in Abuja, Federal Republic of Nigeria from 7th to 9th November, 2008,

Urge the African Union to:

  • Continue efforts to bring peace to the Darfur region of Sudan, including calling for full deployment of the hybrid forces to protect civilians and calling for all parties to participate seriously in the peace talks to be held in Doha;
  • Call on The government of South Sudan to improve conditions for returning IDPs and refugees;
  • Give special consideration to the situation of the Mbororo people in Cameroun, Chad, the Central African Republic and the DRC;
  • Give special consideration to protection of women, who are at increased risk of sexual violence while living in refugee, IDP camps;
  • Adopt the IDPs Convention;
  • Review and propose solutions to the challenges faced by Mauritanian deportees.

Request the:

  • Special Rapportuer on Refugees and Internally displaced persons to endeavour to
    visit current and past conflict areas to assess the situation of IDPs, refugees and
    asylum seekers.

Call on the African Commission to:

  • Call on the South Africa government to grant asylum to all Zimbabweans seeking
    asylum in South Africa, whether it be for economic or political reasons;
  • Call on the South African government to declare a moratorium on the deportation of Zimbabwean asylum seekers, whether un/documented until a transitional authority is in place in Zimbabwe.

 

Done in Abuja, November 9th, 2008

Recommendation on Situation of Children’s Rights in Africa

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We, the participants to the Forum on the Participation of NGOs in the 44th Ordinary Session of the African Commission on Human and Peoples’ Rights held in Abuja, Federal Republic of Nigeria from 7th to 9th November, 2008,

 

Considering the African Charter on the Rights and Welfare of the Child, the African
Charter on Human and Peoples’ Rights, the Protocol to the African Charter on the Rights
of Women in Africa, the UN Convention on the Rights of the Child (CRC), the UN
Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW),
the Global UN Study on Violence against Children (2006), and the AU Declaration on
an Africa fit for Children;

Considering the Resolution on the Right to a Remedy & Reparation for Women & Girls
Victims of Sexual Violence made during the 42nd Ordinary Session of the Commission;

Considering the Resolution on the situation of Women and Children in Africa (source:
Seventeenth Annual Activity Report of ACHPR 2003 – 2004);

Considering the consultative meeting related to the necessary collaboration of AU
organs (28-30 September, 2008 in Ouagadougou, Burkina Faso);

Considering that a Child is every human being under the age of 18 years (article 2
ACRWC);

Considering the challenges still at stake for the survival and development of children in
today’s Africa which were emphasized in the Call for Accelerated Action on the
implementation of the Plan of Action towards Africa Fit for Children 2008-2012: that the
situation of children in Africa remains critical due to socio-economic, cultural, political
challenges including poverty, conflicts, harmful traditional practices, violence, abuse,
neglect, exploitation, trafficking, natural disasters and generally preventable diseases
including HIV and AIDS, tuberculosis and malaria;

Concerned about the increasing vulnerability of millions of children on the African
continent due to poverty and its acute impact on the children, their families and society
as a whole and the insufficient political will to protect them;

Concerned with the deepening spiral of social exclusion – especially with regards to
particularly vulnerable groups of children, including children with disabilities, girls,
refugee and IDP children, children belonging to minority, autochthones and nomadic
groups, street children, children used as slaves and children victims of armed conflict -
creating problems in access to rights and services, including to education and other
social services;

Further concerned with the gaps in the registration of children in Africa which affect
their right to an official identity and nationality and their access to and enjoyment of
many of the other rights they are entitled to and noting the particular challenge of
registration of children born in the context of displacement, whether due to armed
conflicts or to other reasons;

Concerned about widespread violence against children on the continent, which occurs
in private and public settings and takes the form of physical, psychological, sexual and
verbal abuse and neglect;

Noting with concern the persistent impunity of perpetrators of child rights violations;

Noting with concern that many member states of the African Union are yet to ratify the African Charter on the Rights and Welfare of the Child and the Protocol to the African
Charter on the Rights of Women in Africa;

Concerned that several State Parties to the African Charter on Human and Peoples’
Rights and to the African Charter on the Rights and Welfare of the Child are not fulfilling
their implementation and reporting obligations under these human rights protection
instruments;

Noting that to effectively address children’s rights issues on the continent, diverse, widereaching and strong partnerships are required;

Noting further that the exchanges and collaboration between the African Commission
on Human and Peoples’ Rights and the African Committee of Experts on the Rights and
Welfare of the Child need to be further strengthen and enhanced for the realization of
children’s rights in Africa;

Hereby Recommend that the African Commission:

1. Multiply its collaborative efforts with the African Committee of Experts on the
Rights and Welfare of the Child by exploring the following:

  • Establish a formal relationship with the African Committee of Experts on the Rights and Welfare of the Child (ACERWC)
  • Designate a Focal Point on the Rights of Children in Africa, who would be the main contact point between the two treaty bodies;
  • Encourage regular attendance at the Committee’s sessions;

2. Address the issue of children’s rights in a cross-cutting manner through its own
mechanisms by:

  • Carrying out joint missions with ACERWC members in the implementation of the mandates of Special Rapporteurs, during promotional and investigative missions;
  • Sharing information on children’s rights stemming from the consideration of state party reports, with the ACERWC;
  • Taking into account progress of State implementation of other child rights/human rights treaties while examining state reports;
  • Making children´s rights a cross- cutting theme in the special mechanisms of the Commission;

3. Accord high priority to the Call for Accelerated Action and the Plan of Action on
Africa Fit for Children on its agenda and work in collaboration with the African
Committee of Experts on the Rights and Welfare of the Child and the Department
of Social Affairs in implementing these commitments.

 

Done in Abuja, November 9th, 2008

Resolution on Migration and Human Rights

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We, the Forum on the participation of NGOs gathered in Brazzaville (Congo), on the occasion of the 42nd Ordinary Session of the African Commission on Human and People’s Rights,

Considering that Sub-Saharan African countries are experiencing population movements by a number of different categories people: workers, refugees and internally displaced persons (IDPs). About one third of the estimated 200 million migrants worldwide in 2006 were originally from Africa. Moreover, Africa alone is responsible for a third of all refugees and about half the IDP in the world,

Insisting on the fact that in Sub-Saharan Africa, almost one in two migrants (47%) is a woman, and that women and children make up 70% of the refugees and IDPs on the continent,

Considering the scope of the violations of the rights guaranteed by the African Charter on Human and Peoples’ Rights surrounding the question of migration, namely violation of the right to life, the right to free movement of the person, the obligation to protect civilians, discriminations, etc,

Recalling the appointment in 2003 by the African Commission on Human and Peoples’ Rights of a Special Rapporteur on Refugees, Asylum Seekers, Migrants and Internally Displaced Persons,

Recalling the experts’ meeting organised by the African Union (AU) on migration and development in April 2006 in Algiers; and recalling the decision of the AU Executive Council held in January 2007 calling for the organisation of a Special Summit on Refugees, Repatriated and Internally Displaced Persons in 2008,

Recommend to State Parties to the African Charter on Human and Peoples’ Rights that they:

1. recognize the importance of the human rights of all migrants, including refugees and IDPs, and to ensure that national legislation relating to migration issues is consistent with and does not conflict with international human rights standards and conventions,

2. ratify and implement the main international instruments relating to migrants and refugees, such as the Geneva Convention relating to the Status of Refugees, the United Nations Convention on the Protection of the Rights of All Migrant Workers and Members of their Families and the African Union Convention Governing the Specific Aspects of Refugee Problems in Africa;

3. ratify and apply the Protocol to the African Charter on the Rights of Women as well as the UN Convention on the Elimination of All Forms of Discrimination Against Women and its Additional Protocol allowing individual complaints or communications, in order to respect the rights of migrant women;

4. respect the principle of customary international law of non-refoulement, to make legal requirements for entering a territory more flexible in order to take into account the needs for asylum seekers; to revoke the notion of “safe third country”; to strengthen institutional structures for addressing and managing individual asylum requests; to respect the right of asylum seekers to contest rulings on asylum status; and to improve the reception structures and processes of refugees seeking asylum,

5. domesticate the Guiding Principles on Internal Displacement into national law and subsequently respect them.

Recommend to the AU bodies that they:

1. adopt legally binding instruments for the protection of the rights of migrants, notably a Convention for the Prevention of Internal Displacement and the Protection of and Assistance to Internally Displaced Persons in Africa, based on the Guiding Principles on Internal Displacement,

2. take into account the African Commission on Human and People’s Rights and to consult with and take into account the concerns of civil society in the elaboration process and the final development of these norms.

Recommend to the African Commission on Human and Peoples’ Rights that they:

1. provide the Special Rapporteur of the African Commission on Human and People’s Rights with the resources and political support to fulfil his mandate, notably by receiving information, conducting research and gathering information, negotiating with States, and advocate for the implementation of the relevant UN and AU conventions, and by submitting reports and recommendations to the Commission;

2. ensure that the issue of migrations and human rights becomes a permanent question raised by the Commission l when examining periodic reports presented by States parties.

 

Done in Brazzaville, November 12th, 2007

Resolution on the Human Rights Situation in Central African Republic

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The Forum of Participation of NGOs, meeting on 10-12 November 2007, in Brazzaville, Republic of Congo,

Considering the armed conflict raging in North-West CAR since 2006, between the Central African Army and rebel groups, in particular in the regions of Ouham and Ouham Pende;

Considering the violations of human rights and international humanitarian law perpetrated by parties to the conflict, in particular by governmental forces, against the civilian population, including summary executions, rape and other forms of sexual violence, systematic looting, and burning of villages.

Noting the precarious humanitarian situation of the civilian population, an estimated 212,000 individuals having been forcibly displaced as a result of fighting, and more than 70,000 persons having been forced to take refuge in neighbouring Chad and Cameroon;

Considering the threats and harassment suffered by human rights defenders who condemn this situation;

Noting that the majority of the actors in the current conflict are those suspected to have been responsible for the most serious crimes committed against the civilian populations during the attempted coup led by Bozize in 2002 and the subsequent coup d’Etat in March 2003, a blatant demonstration of the grave consequences of impunity.

Considering that the Court of Cassation of CAR decided on April 11, 2006 that the national justice system was « unable » to investigate and prosecute the perpetrators of the most serious crimes committed in 2002 and 2003 in CAR and called for the intervention of the International Criminal Court (ICC); and considering that the CAR authorities referred this situation to the ICC in December 2004;

Considering the decision of the Prosecutor of the International Criminal Court on 22 May 2007 to open an investigation on the most serious crimes committed in CAR in 2002 and 2003 and to continue his analysis of the current situation;

The NGO Forum requests the ACHPR to adopt a Resolution:

1. Condemning the serious violations of international human rights and humanitarian law committed by the parties to the conflict against the civilian population in CAR;

2. Demanding all parties to the conflict:

a. To respect fully international human rights and humanitarian law;
b. To adopt and implement an immediate cease fire on the entire territory;
c. To facilitate the work of humanitarian organisations and their free access to the North of the country;
d. To continue and reinforce to reach an effective peace agreement in accordance with international law;

3. Calling on CAR authorities:

a. To ensure that all perpetrators of the most serious crimes are prosecuted in accordance with their international obligations;
b. To cooperate with the International Criminal Court;
c. To protect IDPs and to ensure the provision of humanitarian aid;
d. To implement and reinforce psychological and medical support for the victims of crimes and provide reparation;
e. To take all necessary measures to facilitate the voluntary return of internally displaced persons to their original locations;
f. To respect fully the physical and psychological integrity of human rights defenders and all rights set out in the 1998 UN Assembly General Declaration on the Protection of Human Rights Defenders;
g. To authorise the visits of the ACHPR Special Rapporteurs on the Rights of Women in Africa and on Refugees and Internally Displaced Persons.

 

Done in Brazzaville, November 12th, 2007

Resolution on Migrations

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We, the participants at the NGO Forum meeting in the 41st Session of the African Commission on Human and Peoples’ Rights,

Considering that the African countries are experiencing major and massive displacements, whatever the form of migrations observed: workers, refugees, or internally displaced persons. In effect, the African migrations are quite massive, quantitatively speaking, both in terms of ratio in relation to the population of the Continent and in gross statistics in comparison to the global scale. Out of about 200 million migrants estimated in 2006 at the international level, about a third of these are from Africa. Besides, Africa on its own represents one third of the refugees and half of the internally displaced persons on the Planet;

Underscoring the fact that in Africa almost every one migrant out of two (47%) is a woman; the women and children also constitute 70% of refugees and internally displaced persons on the Continent;

Considering the magnitude of the violations of the rights of the African Charter on Human and Peoples’ Rights related to the various phenomena of migration, notably the violations of the right to life, of the right to the free movement of persons, of the obligation to protect civilian populations, discrimination etc…;

Recalling the nomination by the African Commission on Human and Peoples’ Rights in 2003 of a Special Rapporteur on Refugees, Asylum Seekers and Internally Displaced Persons;

Recalling the holding of a meeting of Experts organized under the aegis of the AU on Migration and Development from 3rd to 5th April 2006 in Algiers. Recalling also the decision by the Executive Council of the AU of January 2007 calling for the convening of a special Summit in 2008 on Refugees, Returnees and Internally Displaced Persons;

Recommend to the State Parties to the African Charter on Human and Peoples’ Rights:

1. to effectively recognize the primacy of the human rights of all the migrants and refugees in any policy on migration, namely that the policies on migration should be based on the respect for universal human rights standards and Conventions on the rights of migrants – be they « regular» or « irregular »- and of refugees;

2. to ratify and harmonize with domestic law the principal international and regional instruments relating to migrants and refugees, namely the Geneva Convention on Refugees and the United Nations Convention on the protection of migrant workers and members of their family, and the Convention governing the aspects relating to the problems of refugees in Africa;

3. to ratify and implement the Protocol to the African Charter on the Rights of Women as well as the United Nations Convention for the Elimination of all forms of Discrimination Against Women and its optional Protocol allowing individual appeals, for the purpose of improving the condition of migrant women;

4. more importantly concerning the right to asylum, to strictly respect the principle of the international customary law of non refoulement, to relax the legal requirements for entry into a territory so as to take into account the needs for asylum, to relax the responsibilization of transporters, to revoke the notion of « safe third countries », to increase the institutional means of management and the individualized processing of requests for asylum, to respect the right of appeal on a decision to refuse asylum, as well as increasing the humanitarian facilities for the hosting of refugee populations;

5. to recognize sexually related war crimes, traditional abuse and domestic violence against women as motives justifying the granting of asylum.

Recommend to the AU Authorities:

1. to present a Protocol to the African Charter on refugees, returnees and internally displaced persons during the special Summit of AU on ‘‘migration and human rights’’ scheduled for 2008;

2. to involve the African Commission on Human and Peoples’ Rights and the representatives of Civil Society in the drafting of the said Protocol;

Recommend to the African Commission on Human and Peoples’ Rights:

1. To guarantee to the Special Rapporteur of the African Commission on Human and Peoples’ Rights the resources necessary for the successful accomplishment of his mandate, notably in terms of receiving information, carrying out studies and investigations, engaging in dialogue with the States and sensitizing them about the implementation of the relevant UN and AU Conventions;

2. to ensure that the subject of migrations and human rights is a permanent item for consideration during the examination of the Periodic Reports presented by the State Parties to the Commission.

Done in Accra, May 14th, 2007

Recommendation on the Rights of Refugees in Africa

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We, the participants meeting at the Forum preceding the 41st Ordinary Session of the African Commission on Human and Peoples’ Rights, in Accra, Ghana on 12 – May 2007, state as follows:

Urges the African Commission to organise a fact finding mission in Darfur among other countries in need of urgent action and response,

To strengthen the AU peacekeeping mission in Darfur for its own and the security of the local IDPs. So far 45 peacekeepers and 6 UN humanitarian officials (1 local and 5 foreigners) have been abducted and killed,

Further urge the states to fast track the formulation of the regional convention on IDPs, this is expected to mainstream the UN Guiding Principles on IDPs,

To call upon the AU to harmonise the sub regional (ECOWAS and Great lakes Pact) protocols on IDPs in the above – mentioned convention to avoid duplication of efforts and confusion during ratification and enforcement,

To develop guidelines for presentation of periodical country reports to include a component of progress and compliance on IDPs and refugee issues at all levels,

The Special Rapporteur on IDPs and refugees should continue the process of mediation between Senegal, Mali and Mauritania Government to facilitate the repatriation of Mauritania refugees living in Senegal and Mali since 1989,

To further organise the return of Mauritanian refugees with the support of the Office the UN High Commission on Refugees.

 

Done in Accra, May 14th, 2007