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

Posted on October 31, 2011 by admin

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

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

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

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

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

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

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

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

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

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

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

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

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

Comply with their obligations under the African Charter, the UN Convention against Torture and the Convention for the protection of all persons from enforced disappearances, in particular through the criminalization of these offences in their national legislation in accordance with international law standards;

Provide victims with the right to a remedy and full reparation, including rehabilitation, restitution, compensation, just satisfaction and guarantees of non-repetition;
Carry out training of key stakeholders, bearing in mind international law standards and in particular the Istanbul Protocol on the investigation and documentation of torture and other ill treatment;

Done in Banjul – 21^st October, 2011

TRES/003/10/2011: Resolution to end all forms of Discrimination Based on Sexual Orientation and Gender Identity in Africa.

Posted on October 31, 2011 by admin

Recalling “the inherent dignity of and the equal and inalienable rights of all members of the human family” and that “All human beings are born free and equal in dignity and rights” and that all human rights are universal, interdependent, indivisible, and interrelated;

Affirming that “human beings of all sexual orientation and gender identity are entitled to the full enjoyment of all human rights” as established in the Yogyakarta Principles on the application of international human rights law in relation to sexual orientation and gender identity and as recently highlighted by the UN Secretary General Mr. Ban Ki Moon;

Further recallingArticle 2 and 4 of the African Charter on Human and Peoples’ Rights, the Declaration on the Rights and Responsibilities of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms (Declaration on Human Rights Defenders), the African Commission on Human and Peoples’ Rights Resolution ACHPR69[XXXV]04 on the Protection of Human Rights Defenders in Africa;

Noting the failure by states to ensure the enjoyment of the right to the highest attainable standard of health by everyone irrespective of their sexual orientation and gender identity, which has impacted to the scourge of HIV in communities of men who have sex with men (MSM) and women who have sex with women (WSW) despite the proven impact of the pandemic in these communities and the population at large;

Notwithstanding that human rights protection for all women are guaranteed in various international instruments including the U.N. Security Council Resolution 1325 on women, peace and security which deals with the impact of conflict situations on women and girls especially as victims of sexual violence, the African Commission on Human and Peoples’ Rights Resolution on the Right to a Remedy and Reparation for Women and Girls Victims of Sexual Violence, the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa, Article 18 of the African Charter on Human and Peoples’ Rights, Article 5 of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), the Solemn Declaration on Gender Equality in Africa, states continue to fail in their obligation to protect the rights of lesbian, bisexual and transgender women;

Noting that Article 60 of the African Charter requires the African Commission on Human and Peoples’ Rights to draw inspiration from the content of other international treaties and laws, and further noting that articles 2(1) and 26 of the International Covenant on Civil and Political Rights (ICCPR), to which all African states are party, as well article 2 of the International Covenant of Economic, Social and Cultural Rights (ICESCR) establish the principle of non discrimination on grounds of sexual orientation, as elaborated respectively by the United Nations Human Rights Committee and the United Nations Committee on Economic, Social and Cultural Rights; and that U.N. treaty bodies and Special Procedures, including the U.N. Working Group on Arbitrary Detention, the U.N. Special Rapporteur on torture and other inhuman, degrading and cruel punishments and treatments, the UN Committee on Social, Economic and Cultural Rights, and the Committee on the Elimination of Discrimination against Women, have consistently held that all U.N. treaties include protection against discrimination based on sexual orientation and gender identity;

Further noting the continuing and increasing human rights violations against individuals and communities on the basis of their sexual orientation and gender identity, which include arbitrary arrests, detentions, extra-judicial killings and executions, forced disappearances, extortion and blackmail, hate speech, violent attacks, including rape and other sexual assault, physical assaults, torture and murder, as well as the failure of protecting the rights to safety and security of the person, freedom of movement and association, freedom of expression;

Recognizing that lesbian, gay, bisexual, transgender and intersex people are not a homogenous group and that certain identities including race, ethnic and social origin, sexual orientation and gender identity, as well as legal, economic, social and cultural situations disproportionately impact on their experiences and access to the full enjoyment of all rights and freedoms;

Particularly alarmed for the situation of hatred against individuals on grounds of their perceived or real sexual orientation and gender identity by state and non-state actors across the continent, that recently resulted in the murder of Ugandan human rights defender David Kato; the rape and murder of lesbian activists in South Africa; the ongoing attacks against the LGBTI community in Cameroon; the homophobic campaign launched by media, and endorsed by religious and political leaders in Ghana; as well as for the attempt to reintroduce legislation allegedly criminalizing same-gender marriage in Nigeria, and the recent criminalization of same sex conduct between women approved by the Parliament of Malawi.

Call for urgent and sustained action by the African Commission on Human and Peoples’ Rights to ensure the realization of the full range of human rights for all people living on the African continent, in particular people whose sexual orientation and gender identity render them more vulnerable.

And further calls on the African Commission on Human and Peoples’ Rights to adopt a resolution to:

Acknowledge and condemn the continuing and increasing incidence of human rights violations, including murder, rape, assault, persecution and imprisonment based on perceived or actual sexual orientation and gender identity on the continent as a problem requiring urgent action;

Condemn discrimination and exclusion of individuals and communities from the enjoyment of rights and the full realization of their potential because of their sexual orientation and gender identity;

Specifically condemn the situation of hatred and systematic attacks by state and non-state actors against lesbian, gay, bisexual, transgender and intersex individuals with particular focus on the attacks against human rights defenders who are operating for the protection of LGBTI human rights in Uganda and South Africa, on the legislative measure under consideration in Nigeria and Malawi, on the ongoing arrests in Cameroun, on the homophobic campaign by media, religious and political leaders in Ghana;

Mandate the Special Rapporteur on Human Rights Defenders, the Special Rapporteur on the Rights of Women and the Special Rapporteur on the Freedom of Expression to coordinate a Special Committee to investigate, document and report on these violations in order to develop appropriate responses and interventions;

Create a mechanism to address human rights violations based on sexual orientation and gender identity;

Ensure that states put in place mechanisms for access to HIV prevention treatment and care services for everyone regardless of their sexual orientation and gender identity.

Strongly urge states to:

Comply with the African Charter on Human and Peoples’ Rights, and other binding international treaties, by repealing laws which criminalise non-heteronormative sexualities and gender identities, such as laws criminalizing sexual conducts between consenting adults of the same sex, or laws banning cross-dressing, and by amending other laws that are implemented with the purpose of persecuting individuals and communities based on their sexual orientation and gender identity, such as laws against indecency, impersonation, and debauchery, among others.

End impunity for acts of violation and abuse, whether committed by state or non-state actors, by enacting appropriate laws prohibiting discrimination and punishing hate crimes, ensuring proper investigation, arrests and punishment of the perpetrators, and establishing judicial procedures favorable to the victims.

Protect the right of all people, regardless of their sexual orientation and gender identity, to freedom of association and assembly, freedom of expression, and freedom to participate in civil society and key decision-making organs of government.

Done in Banjul – 21^st 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)

Posted on October 31, 2011 by admin

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

Statement on Extra-Judicial Killings and Enforced Disappearances to the 49th Ordinary Session of the ACHPR

Posted on April 28, 2011 by admin

The Kenyan Section of the International Commission of Jurists: is a registered non-governmental organization that seeks to protect human rights, and promote the rule of law and democracy in Kenya and across Africa through the application of legal expertise and international best practices.

Independent Medical Legal Unit is a registered non-governmental organization that seeks to promote the rights of torture victims and protect all persons in Kenya from all forms of torture by advocating for legal and policy reforms, monitoring government’s adherence to human rights rehabilitating victims of torture, forensic investigations and documentation of torture cases and capacity building of key stake holders.

The Republic of Kenya is a country in East Africa. Lying along the Indian Ocean to its southeast and at the equator, it is bordered by Somalia to the northeast, Ethiopia to the north, Sudan to the northwest, Uganda to the west and Tanzania to the south. Kenya is a country of 47 counties each with its own government semi-autonomous to the central government in the capital, Nairobi.

The Kenyan Section of International Commission of Jurists and the Independent Medico Legal Unit condemns the Human Rights Violations perpetrated by the State security agents in Kenya.

We have noted with concern the rise of enforced disappearances and extrajudicial killings in Kenya; and wish to petition the African Commission on Human and Peoples Rights on behalf of our clients, the aggrieved families and victims of gross human rights violations perpetrated by the police. We continue to receive evidence of the existence of a police extortion rings within special crime prevention units operating in Nairobi and Central Province within the Kenyan Republic that has given rise to the upsurge of extra-judicial killings, torture and forced disappearance of innocent civilians in Kenya.

That these police units are known to abduct innocent civilians and extract ‘protection fees’ from them using threats of execution. Some detainees are even required to ask their friends or relatives to send money to their phones (through mobile phone money transfers system) in order to secure their release. They are also asked to send regular amounts of money to specific police officers from the unit to avoid being arrested, evidence of which we have obtained.

That these police units arbitrarily arrest civilians and detain them in unconventional places, at undisclosed destinations and travel in unmarked vehicles whose number plates they change frequently, acts that are clearly illegal.

That efforts by various human rights organization to highlight and combat with these violations by the police unit have been met with the same wrath that their clients have been exposed to given that the said police officers openly intimidate human rights defenders by threats and actual aggression.

THAT notwithstanding the lodging of formal complaints to various police stations by families of the deceased, injured and missing persons and numerous calls for investigation and arrest of the perpetrators, no inquests and prosecutions have been initiated in compliance of the Criminal Procedure Code (Cap 75, Laws of Kenya).

That despite formal complaints by human rights organizations to his office, the Commissioner of Police has refused, failed and/or neglected to take action against the perpetrators and instead the police spokesperson, has made press statements in been a blanket defense of the Kenya Police Service.

That these violations have been previously investigated and documented by the Kenyan National Commission of Human Rights in a report titled “ The Cry of Blood” which is an account of at least 500 cases of enforced disappearances, torture and extra judicial killings within this context. Notwithstanding bringing this report to the attention of the Attorney General and The Commissioner of the police no action has been taken.

That by such inaction, not only is the Commissioner of Police failing to safeguard the right to life and the absolute prohibition of torture guaranteed under Articles 25, 26 and 29 of the Kenyan Constitution and further is in disregard of Kenya’s international obligations under the International Covenant on Civil and Political Rights, Convention Against Torture and African Charter on Human and Peoples’ Rights all ratified by Kenya and which form part of the laws of Kenya in accordance with Article 2 of the Constitution.

THAT the said inaction is also a furtherance of non-implementation of specific recommendations by the United Nations on Kenya’s human rights situation, and in particular, the concluding observations of the United Nations Committee Against Torture (Nov 2008) where in the matter of Extra judicial killings and enforced disappearances the Committee where the Committee urged the State party (Kenya) to conduct immediate, prompt and impartial investigations into the serious allegations and ensure that perpetrators are prosecuted and punished with penalties appropriate to the grave nature of their acts as required by the Convention. The Committee further urged the State Party to take all possible steps to prevent acts such as the alleged extra judicial killings and enforced disappearances”

Following a fact finding mission by the United Nation Special Rapporteur on extra judicial, arbitrary or summary executions Professor Philip Alston on the 16^{th –}25th February 2009 the Special Rapporteur received documented systematic widespread and carefully planned extra judicial executions by the Kenyan police as contained in his report to the UN Human Rights Council in June 2009.

To date ,The perpetrators are yet to be held accountable for this human rights violations despite the recommendations made in this report.

That it is unacceptable that such flagrant and widespread human rights violations and extortion be allowed in contravention of the African Charter on Human and People’s Rights and the Kenyan Constitution.

We therefore recommend that

i) The Commission carry out a fact finding mission be sent to Kenya to investigate the continued increase of extra judicial killings and uphold the sanctity of the right to life.

ii) That the Commission urge the Kenyan Government to respect its domestic and international obligations and put into place measures to prevent further extra judicial killings such as prompt and independent investigation of complaints and the prosecution of persons found responsibility and the compensation of victims and families of victims whose rights were infringed as a result of the extra judicial activities of the police.

In conclusion we call for the unconditional release of the Kenyan Human Rights Defender Al Amin Kimathi Coordinator Muslims Human Rights Forum arrested and illegally detained and maliciously prosecuted on terrorism related charges following his documentation of cases on Rendition of Terror Suspects.

Presented to the African Commission in April 2011.

Resolution on Enforced Disappearances

Posted on November 9, 2008 by admin

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

Noting with concern the alarming number of enforced disappearances on the African continent;

Noting the extreme gravity of this crime which, in certain circumstances can constitute a crime against humanity;

Noting that the perpetrators of these crimes are rarely brought to justice;

Affirming the right of all victims to know the truth surrounding the circumstances of the disappearance and to know the fate of the disappeared person, as well as the right to collect, receive and disseminate information to this end;

Noting that 19 African states have to date signed the International Convention for the protection of all persons against enforced disappearances, adopted by the United Nations General Assembly on 20 December 2006;

Recalling that the effective application of the International Convention for the protection of all persons against enforced disappearances and therefore the effective prevention of this crime will depend on the promotion and publicity of this Convention;

The NGO Forum calls on the ACHPR to adopt a resolution:

Urging States to take all the necessary measures to eradicate enforced disappearances

Urging Member States of the African Union who have not yet signed the International Convention for the protection of all persons against enforced disappearances, to:

1. Sign and Ratify the Convention without delay;

2. Refrain from entering reservations which are incompatible with its purpose and goal;

3. Recognise the jurisdiction of the new Committee on Enforced Disappearances which can deal with individual complaints; and

4. Ensure its effective implementation into national legislation;

5. Take all necessary measures to publicly support and promote the Convention;

Inviting the concerned States to provide fair and equitable compensation to victims and their families;

Urging the African Union Summit of Heads of States and Government to call on Member States to condemn and fight against impunity of perpetrators of enforced disappearances.

Done in Abuja, November 9th, 2008

Recommendation on Torture and Prisons in Africa

Posted on November 9, 2008 by admin

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,

Concerned by the instances of torture perpetrated and overlooked by the governments
of certain African states, and the slow pace of prison reform,

Recommend to the ACHPR to:

1. Urge States to domesticate regional and international human rights instruments
with a view to the criminalisation of torture.
2. Encourage training of judges, prosecutors, police, lawyers, prison officers, health
professionals and other relevant agents on the prohibition of torture and the
implementation of the Robben Island Guidelines and other international and
regional human rights instruments.
3. Urges State parties to ensure funding and support for the rehabilitation of torture
victims, their families and communities and to provide victims’ access to justice
and reparations.
4. Urge the Follow-up Committee on the implementation of the Robben Island
Guidelines to provide a training manual on the prevention and prohibition of
torture for agencies such as police, prisons, military, judiciary and other law
enforcement agencies.
5. Urge the Follow-up Committee on the implementation of the Robben Island
Guidelines to facilitate the development of curricula for primary, secondary and
tertiary schools, which should include human rights education and issues of
torture prohibition, prevention, redress and rehabilitation of torture victims.
6. Urge State parties to ratify and implement the Optional Protocol to the UN
Convention Against Torture (OPCAT) as well as opening all places of detention to
independent monitoring bodies.
7. Urge State parties to develop alternatives to imprisonment and to implement
other measurements aimed at reducing overcrowding and torture, cruel,
inhuman and degrading treatment or punishment in prisons and other places of
detention.
8. Urge State parties to develop and adopt comprehensive strategic plans for
criminal justice reform, with clear priorities for implementation and resourcing,
bearing in mind that it is only in such a comprehensive framework that torture
can be effectively eradicated. In developing such a plan, to involve civil society
experts and refer to the many guidelines and manuals produced or endorsed by
the African Commission, UN and other agencies.
9. Urge state parties who have not abolished the death penalty to ensure that
prisoners held on death row are held in conditions that respect regional and
international standards
10.Urge State parties to close all secret detention centres and to eradicate forced
disappearances, torture and extrajudicial killings within their respective
jurisdictions.
11.Encourage the African Commission to develop procedure(s) to coordinate the
work of its special mechanisms on cross-cutting issues especially on Torture,
Prison Conditions, Death Penalty, Children, Women, etc.
12.Encourage the African Commission’s Special Mechanisms on Torture and Prisons
to participate actively in the regional and International meetings, workshops and
conferences aimed at prohibition and prevention of torture and improvement of
conditions of detention; and conduct relevant follow-up activities.

Done in Abuja, November 9th, 2008

Resolution on Enforced Disappearances

Posted on November 12, 2007 by admin

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

Noting with concern the alarming number of enforced disappearances on the African continent;

Noting the extreme gravity of this crime which, in certain circumstances can constitute a crime against humanity;

Noting that the perpetrators of these crimes are rarely brought to justice;

The NGO Forum calls on the ACHPR to adopt a Resolution:

1. Urging States to take all the necessary measures to eradicate enforced disappearances;

2. Urging Member States of the African Union who have not yet signed the International Convention for the protection of all persons against enforced disappearances, to:
a. Sign and Ratify the Convention without delay;
b. Refrain from entering reservations which are incompatible with its purpose and goal;
c. Recognise the jurisdiction of the new Committee on Enforced Disappearances which can deal with individual complaints; and
d. Ensure its effective implementation into national legislation
e. Take all necessary measures to publicly support and promote the Convention;

3. Inviting the concerned States to provide fair and equitable compensation to victims and their families

4. Urging the African Union Summit of Heads of States and Government to call on Member States to condemn and fight against impunity of perpetrators of enforced disappearances.

Done in Brazzaville, 12 November, 2007