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

Posted on October 31, 2011 by admin

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 50^th 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 50^th 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/003/10/2011: Résolution sur la situation des droits de l’Homme en République de Guinée

Posted on October 31, 2011 by admin

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 ;

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

CRES/001/10/2011: Résolution sur les prochaines élections en République démocratique du Congo

Posted on October 31, 2011 by admin

Considérant la tenue le 28 novembre 2011 de l’élection présidentielle en RDC et des fortes tensions qui entourent le processus électoral et soucieux de l’exercice d’un processus électoral transparent, crédible et apaisé, conforme aux dispositions de la Charte africaine des droits de l’Homme et des peuples;

Condamnant la répression brutale et répétée par les forces de l’ordre de manifestations pacifiques organisées par des partis politiques d’opposition appelant à la transparence du processus électoral;

Préoccupé par l’impunité des forces de l’ordre ayant agi de manière disproportionnée en violation du droit international des droits de l’Homme;

Préoccupé par le refus de la Commission Electorale Nationale Indépendante de procéder à un audit du fichier électoral pourtant source de contestation des partis d’opposition;

Préoccupé par les accusations respectives faisant état d’armement de milices par le parti présidentiel et les partis d’opposition;

Préoccupé par la campagne électorale précoce de certains partis commencée antérieurement à l’ouverture officielle le 28 octobre;

Préoccupé par la multiplication des violences physiques ou verbales contre les journalistes et inquiet dans ce contexte pour la sécurité des défenseurs des droits de l’Homme qui analysent la régularité du processus électoral ;

Préoccupé par les appels au séparatisme, à la violence et à la xénophobie lancés par certains hauts dirigeants politiques ;

Les autorités de la RDC à

- Ratifier la Charte africaine sur la démocratie, les élections et la gouvernance et se conformer à leurs obligations aux termes de la Charte africaine des droits de l’homme et des peuples, de la déclaration de l’UA sur les principes régissant les élections démocratiques en Afrique et les autres lignes directrices régionales et nationales en matière d’élections;

- Garantir l’indépendance de l’organisme chargé de la gestion des élections avant, pendant et après la tenue de toute élection;
- Prendre les mesures nécessaires pour que les éléments des forces de l’ordre auteur 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;
- Respecter l’état de droit et l’indépendance des institutions telles que les tribunaux qui sont essentielles à la réalisation d’élections libres et équitables en Afrique;

- Faire en sorte que les partis et les candidats qui participent aux élections

aient un accès équitable aux médias d’Etat, pendant les élections;

- Garantir l’intégrité physique et psychologique des journalistes et défenseurs des droits de l’Homme.
- Prendre toutes les mesures nécessaires,y compris judiciaires, pouyr mettre un terme aux appels au séparatisme, à la violence et à la xénophobie.

Les partis politiques et tous les candidats à

- Respecter les lois et règlements électoraux y compris le processus légal de contestation des résultats de toute élection ;
- Mettre l’intérêt général du peuple, de l’électorat, au centre du processus électoral.

Fait à Banjul, Gambie le 21 octobre, 2011

Resolution on the Situation of Human Rights in Djibouti

Posted on April 27, 2011 by admin

NGO Forum of participation meeting in Banjul (Gambia), from 25 to 27 April 2011 at the occasion of the 49th Ordinary Session of the African Commission on Human and Peoples’ Rights,

Considering the result of the presidential elections held in April 8 2011, vitiated by the failure of the participation of opposition parties and this steadily since 2003;

Condemning violations of human rights repeatedly against civilians, members of opposition parties, independent trade unionists, journalists and human rights defenders by the Djiboutian authorities, including acts of torture, of degrading and inhuman treatment, as well as arrests and arbitrary detentions, and judicial harassment;

Condemning the violent repression by the Djiboutian authorities of peaceful demonstrations that took place in February and March 2011 that have caused several deaths by gunfire, dozens injured, during which dozens of demonstrators were arrested;

Deeply concerned about the repeated arrests of members and leaders of opposition parties and human rights defenders, including Mr. Jean-Paul Noel Abdi, President of the League Djiboutian Human Rights (LDDH) and harassment judiciary against him, and the continued detention of Farah Abadid Heldid, LDDH member as well as 71 political prisoners;

Considering the OAU Declaration on Principles Governing Democratic Elections in Africa AHG/Decl.1 (XXXVIII) and the African Charter on Democracy, Elections and Good Governance signed by the Republic of Djibouti in June 15, 2007;

Recalling the Resolution on elections in Africa adopted at the 44th and 47th sessions of the ACHPR in which the Commission is “deeply concerned by the deteriorating situation of human rights in some African countries before, during and after election periods” and calls on states to “ensure protection before, during and after the elections, journalists, human rights observers and supervisors of election intimidation and other abuses of human rights“;

Noting the joint declaration of international missions observing presidential election of April 8 2011 in the Republic of Djibouti;

Recalling the resolution – ACHPR/Res.61 (XXXII) 02 (2002) - adopted in October 2002 by the Commission establishing Guidelines and Measures for prohibition and prevention Torture and Cruel, Inhuman or Degrading Africa (Guidelines Robben Island);

Considering articles 1, 2, 3, 4, 6, 7, 8 and 11 of the African Charter on Human Rights and Peoples’ Rights;

The NGO Forum of participation meeting in Banjul (Gambia) from 25 to 27 April 2011 on the occasion of the 49th Ordinary Session of the ACHPR asks the Commission to adopt a resolution:

Condemning the violations of human rights perpetrated in Djibouti against civilian populations;

Calling on the authorities of Djibouti to:

1. Fully respect the right to life and physical and moral integrity, freedom of expression and opinion, and freedom to choose their political representatives in accordance with the provisions of the African Charter on Human Rights and Peoples’ Rights;

2. Release all prisoners of conscience and human rights defenders, Farah Abadid Heldid, or if necessary, to prosecute them on fair trial and in a timely manner;

3. Ratify the African Charter on Democracy, elections and good governance, ensuring the holding of multiparty, free, democratic and transparent elections in the future.

Done in Banjul, April 27^th, 2011

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

Posted on April 25, 2011 by admin

Forum on the Participation of NGOs in the 49^th Ordinary Session of the African Commission on Human and Peoples’ Rights and 23^rd African Human Rights Book Fair, 25^th – 27^th 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 49^th Ordinary Session of the African Commission and 23^rd 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 49^th Ordinary Session of the African Commission and 23^rd 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 49^th Ordinary Session of the African Commission on Human and Peoples’ Rights and 23^rd African Human Rights Book Fair officially opened.

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

Resolution on Zimbabwe

Posted on November 9, 2010 by admin

We, participants at the forum on the participation of NGOs in the 48^th Session of the African Commission on Human and Peoples Rights,

Concerned by the human rights situation in Zimbabwe that remains largely unchanged despite the formation of the government of national unity;

Concerned by the resurgence of politically motivated human rights violence during the Constitutional making process;

Noting the escalating calls for elections in 2011 by the principals in the government despite the absence of meaningful reforms in the electoral process in Zimbabwe;

Alarmed by the rise in political tension and intolerance following the calls for elections in 2011;

Considering that the Government of Zimbabwe has not brought to account perpetrators of the 2008 election violence and the absence of effective remedies for the victims;

Acknowledging that the key element in the exercise of democracy is the holding of free and fair elections;

Call upon the African Commission to:

1. Urge the government of Zimbabwe to uphold Article 13 of the African Charter on Human and Peoples Rights;

2. Call upon the Government of Zimbabwe to ensure accountability against perpetrators of politically motivated violence committed during the 2008 elections and ensure effective remedies to survivors of such violations;

3. Call upon the Government of Zimbabwe to effect genuine electoral reforms in line with the Declaration by the African Commission on principles governing democratic elections in Africa;

4. Urge the Government of Zimbabwe to respect international and regional institutions and mechanisms including the recommendations of the African Commission;

5. Call upon the African Union and SADC to be guarantors of the GPA in Zimbabwe to ensure that before the conducting of any new election, the government of Zimbabwe creates a conducive environment for citizens of Zimbabwe to freely participate in the governance of their country.

Done at Banjul, November 9th, 2010

Resolution on Elections and the Human Rights Situation in Sudan

Posted on May 10, 2010 by admin

We, the participants at the Forum on the participation of NGOs in the 47th Ordinary Session of the African Commission on Human and Peoples’ Rights,

Deeply concerned by reports of widespread human rights violations during the course of Parliamentary and Presidential elections held April 11-15 in Sudan including the repression of and violence against opposition members, intimidation of electoral observers, and threats of violence against voters themselves in certain areas;

Deeply regretting the ongoing humanitarian situation in Darfur exacerbated by lack of access to the area by humanitarian groups and continuing reported governmental attacks on civilian areas which severely impeded the conduct of elections there;

Noting with regret the manipulation of the census, the National Electoral Commission’s composition, border delimitation, voter registration, and the campaigning period;

Alarmed by the ongoing restrictions on basic civil and political rights including especially the freedom of expression, association, and assembly, despite their necessity to the staging of free and fair elections as contemplated by the Comprehensive Peace Agreement;

Recalling that Article 9 of the African Charter on Human and Peoples’ Rights guarantees the right to free expression, Article 10 which guarantees the right to free association, Article 11 which guarantees the right to free assembly, and Article 13 which guarantees the right to participate freely in the government of one’s country;

Stressing the significance of a peaceful, legitimate, free, and fair upcoming referenda process;

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

Condemn strenuously those responsible for the range of human rights violations documented before, during, and following the balloting process; and
Investigate all allegations of electoral fraud and demand that the perpetrators of human rights violations during the elections be brought to justice.

Done in Banjul, May 10th, 2010

Resolution on the situation in Zimbabwe

Posted on November 9, 2009 by admin

We, the Participants to the Forum on the participation of NGOs in the 46^th Ordinary Session of the African Commission on Human and People’s rights,

Observing the many outstanding issues from the Global Political Agreement (GPA) signed by the representatives of the three main political parties in Zimbabwe on the 15^th September 2008 and the SADC Summit Communiqué of 29 January 2009;

Concerned that the human rights situation in Zimbabwe remains fragile despite the formation of the Inclusive Government;

Alarmed by a fresh wave of attacks on civil society representatives and MDC-T political officials and the general citizenry in the form of arbitrary arrests and detention and malicious prosecutions, unjustified persecution, physical attacks and harassment;

Recalling the commitment of the parties to the inclusive government to stop all human rights violations and to further “attend to all outstanding issues arising from the implementation of the GPA and the SADC Summit Communiqué of January 2009,” as reaffirmed in the Troika delegation’s statement released on 31 October 2009;

Taken aback by the recent deportation of the UN Special Rapportteur on Torture, and other cruel, inhuman and degrading treatment or punishment, Professor Manfred Nowak, by the Zimbabwean authorities on 28 October 2009;

Concerned by the parties’ failure to fully and effectively implement the Inter – party Political Agreement to its letter and spirit;

Hereby Call upon the African Commission to:

1. Re-affirm the primacy and pre-eminence of principles of good governance and free and fair elections as the hallmark to democracy;

2. Call upon the Inclusive government to re-affirm its commitment to uphold and respect human rights as envisaged by the African Charter;

3. Urge the government to re-affirm its commitment to respect international and regional human rights institutions and or mechanisms established by treaty bodies to which it is a party;

4. Urge the inclusive government to immediately implement measures to ensure the security of persons, in particular Human rights Defenders;

5. Urge the Inclusive Government to ensure that the Constitutional Reform Process is carried through without further delays as it is the gateway towards restoration of democracy and good governance;

6. Call upon SADC and the AU as the guarantors of the GPA to increase visibility by closely monitoring the situation in Zimbabwe.

Done at Banjul, November 9th, 2009

Resolution on African Countries in Crisis and Elections in Africa

Posted on May 11, 2009 by admin

We, the participants of the NGO Forum preceding the 45^th Ordinary Session of the African Commission on Human and Peoples’ Rights and the 19th African Human Rights Book Fair, held at the Karaiba Beach Hotel, the Gambia, from 9 – 11 May 2009,

Noting that majority of African Countries are in democratic rule and some of them have conducted fair and credible elections especially Ghana and just recently South Africa,

Encouraged by the objectives and principles enshrined in the Constitutive Act of the African Union,

Recalling the provisions of article 2(3) of the African Charter on Democracy, Elections and Good Governance which seeks to promote the holding of regular free and fair elections to institutionalise legitimate authority of representative government as well as democratic change of government,

Further Re-affirming the desire of the Charter to promote best practices in the management of elections for purposes of political stability and good governance,

Deeply concerned at the desperation of politicians and political leaders in influencing the outcome of elections thereby undermining the capacity of the people to choose and form the government of their own choice particularly the recently concluded by-elections in Ekiti State of Nigeria.

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

Re-affirm article 3(4) of the African Charter on Democracy, Elections and Good Governance which stipulates the holding of regular, transparent, free and fair elections,

Implore member states of the AU, and the various sub-regional bodies to discourage the hijacking of elections in Africa,

Urge member states of the AU to take steps in the implementation of the affirmative action policy agreed to under the Protocol to the African Charter on Human and Peoples’ on the Rights of Women and the Beijing platform for Action,

Call on the AU member states to take urgent measures to reform their electoral laws and processes to eliminate discrimination and election irregularities including the protection of both Domestic and International Election Observers; and provide for the condemnation of electoral malpractices, rigging, votes manipulation and corruption by politicians,

Call on the African Heads of State to entrench true democracy in their respective states by creating conducive environment for the participation of all citizens and close the gap to gender inequality and unequal representation in government.

Done in Banjul, May 11th, 2009

Resolution on the Situation in Ivory Coast

Posted on November 9, 2008 by admin

We, Participants of the Forum on the Participation of NGOs in the 44^th Ordinary Session of the African Commission on Human and Peoples ‘Rights,

Considering the announcement of the report of the presidential election initially scheduled for November 30, 2008;

Considering the provisions of the African Charter on Democracy, Elections and Governance, in force since January 30 2007, particularly its Article 2.3 which recalls that one of States’ purpose must be to « promote the holding of regular free and fair elections to institutionalize legitimate authority of representative government as well as democratic change of governments»;

Considering the Article 4 of the Constitutive Act of the African Union which guarantees the respect of democratic principles, human rights, rule of law and good governance;

Recalling also that the provisions of the Ouagadougou agreement adopted on March 4, 2007 focuses notably on the disarmament of rebel forces, the disassembly of militias, the identification of the populations, the reenactment of electoral registers so as to organize the presidential election in Côte d’Ivoire;

Deploring the serious dysfunctionings and delays of the electoral process and of the implementation of the Ouagadougou Agreement’s provisions;

Condemning the persistence of the culture of impunity, the grave dysfunctionings of justice throughout the country, the lack of state and rule of law in some areas of the country, the restrictions to public and individual liberties, notably the freedom of movement;

The NGO Forum calls on the African Commission on Human and Peoples’ Rights to adopt a resolution:

Calling for the return of constitutional order with the holding of pluralistic and transparent elections that guarantee the right of Ivoirians to be represented by the people they have freely elected,

Calling all the parties to respect the provisions of the Ouagadougou Agreement, notably to take all necessary measures to tackle the effective disarmament of rebel forces, the disassembly of militias, the identification of populations and the reenactment of electoral registers;

Requiring the end of the impunity of perpetrators of human rights violations and their bringing to justice;

Calling on Côte d’Ivoire to ratify the African Charter on Democracy, Elections and Governance and to implement its provisions;

Requiring the strict respect of the provisions of the African Charter on Human and Peoples’ Rights, notably regarding the non-discrimination principle, the rights to information, the freedom of expression and the right to peaceful demonstration;

Calling on the respect of the rights of Human Rights Defenders.

Done in Abuja, November 9th, 2008