Tag Archives: Fact-finding Missions

CRES/004/4/12: Resolution on Sudan

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

Considering the provisions of the Constitutive Act of the African Union, the Charter of the United Nations as well as those of the African Charter on Human and Peoples’ Rights and other regional and international human rights instruments to which the Sudan is a state party and that as a state party the Sudan is legally bound to fully and effectively implement the provisions of these instruments and respect and promote the human rights and fundamental freedoms set therein without discrimination on any ground;

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

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

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

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

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

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

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

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

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

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

Hereby call on the African Commission to:

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

Done in Banjul – 16th April 2012

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

 

Statement by Mrs Hannah Forster on behalf of Participants of the Forum of NGOs at the Official Opening of the 47th Ordinary Session of the ACHPR

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Forum on the Participation of NGOs in the 47th Ordinary Session of the African Commission on Human and Peoples’ Rights, 12th May 2010, Laico Hotel, Banjul, The Gambia

Honourable Attorney General and Secretary of State for Justice of the Republic of The Gambia;

Your Excellency, Commissioner Julia Joiner, Department of Political Affairs, African Union Commission (DPA/AUC);

Your Excellency, The  Chairperson of The African Commission on Human and Peoples’ Rights (ACHPR), Mrs.  Reine Alapini Gansou;

Your Excellencies, The Vice Chairperson and Members of the African Commission on Human and Peoples’ Rights (ACHPR);

My Lord, Chief Justice of the Republic of The Gambia;

Your Excellency, Mr Mahamane Cisse Gouro, Special Representive of the High Commissioner for Human Rights;

Mr. Patrice Vahard, Senior Human Rights Advisor, United Nations Office in West Africa

Your Excellencies, Members of the Diplomatic and Consular Corps;

Distinguished Governing Council Members of The African Centre for Democracy and Human Rights Studies (ACDHRS);

Distinguished Members of the NGO Forum Steering Committee;

Honourable Members of the National Assembly;

Honourable Secretaries of State;

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

The African Human Rights Community are once again gathered for yet another session of the African Commission on Human and Peoples’ Rights and I am privileged, as a representative of the NGO Forum Steering Committee, to stand before this august assembly with the responsibility to present a statement on behalf of my colleagues of the Forum on the participation of in the 47th Ordinary Session of the African Commission on Human and Peoples’ Rights.

I would, therefore, on behalf of all the participants of the NGO Forum, and indeed on my own behalf, like to thank the Chairperson of the African Commission for affording us this opportunity.

Your Excellencies, Distinguished Ladies and Gentlemen

Allow me, at the onset to also express our gratitude to the Government and people of The Gambia for their hospitality, in facilitating the activities of the 47th Ordinary Session and to reiterate the appreciation of the Forum of NGOs for the continued warmth afforded them since their arrival on Gambian soil.

Your Excellencies, Distinguished Ladies and Gentlemen,

In keeping with tradition, the NGO Forum was held for three days prior to the commencement of this Session of the Commission. As usual, the turnout was remarkable, the debate objective and professional leading to commendable outcomes.  Over 164 representatives from 30 African countries participated including 21 participants from Europe, The USA and Latin America.

The Forum acknowledged that although challenges in the human rights and democracy situation on the continent persists leading to violence, insecurity and conflict, some real and positive developments have been registered in a good number of African countries.

The spirit of goodwill and cooperation of the Government of Kenya in implementing the recommendations of the African Commission relating to the Endorois People; and the increasing trend of collaboration between state and non state actors for human rights in Africa, to name but a few.

The full report of the Forum together with the adopted resolutions and recommendations will be forwarded, for the kind consideration of your distinguished body, as our contribution to your deliberations at this 47th Session.

Distinguished Ladies and Gentlemen

Please bear with me as I present to you the highlights of the said deliberations.

The Forum would like to draw your attention to a number of incidents, which have occurred in recent months and have raised the concern of participants, particularly in Burundi, Cameroon, DRC, Ethiopia, Guinea Conakry, Niger, Rwanda, Somalia, Sudan, Uganda and Zimbabwe. Full details are provided in the resolutions and recommendations emanating from the Forum.

The intention of naming is not to shame but a call to action in order to address potentially deteriorating observance of human rights.

In Burundi, Malawi, Rwanda and Uganda, there are reports of increased intimidation, harassment and homophobic attacks directed at people of different sexual orientation. Access to justice is minimal or non-existent, while LGBTI Women HRDs face the brunt of the violence.

The Forum also received reports of extrajudicial and arbitrary killings as well as enforced disappearances in a number of countries including Kenya.

Consequently, we would wish to reiterate our request to the African Commission to consider conducting fact finding missions to these countries to ascertain the veracity of these reports and to adopt a resolution publicly condemning all violations of international human rights and humanitarian law committed by all parties in all conflicts in Africa and to work with the African Union in their resolution.

Distinguished Ladies and Gentlemen

There is no doubt, that the violations characterizing the above mentioned countries already show warning signs of deterioration in the system.  While urging the states to respect their international, regional and national commitments, we further urge the African Commission to investigate all the situations with a view to propose and implement concrete steps to ensure the resolution of these aforementioned conflicts.

Furthermore, it was observed that suppression of the freedom of expression, opinion, assembly and the press was becoming the norm rather than the exception and therefore continue to be a cause for concern on our continent with formulation of draconian laws, harassment, intimidation, killings and arbitrary detention. In this regard, the Forum requests the African Commission to pay particular attention to the situation in Angola, Burundi, Central African Republic, The Democratic Republic of Congo(DRC), Ethiopia, The Gambia, Eritrea, Nigeria, Senegal, Somalia, Sudan, Swaziland, Tunisia and Zimbabwe. We thereby request the African Commission to express solidarity with all journalists living under extreme persecution and to urge states to abolish repressive laws and to ensure a conducive environment for the protection of journalists in Africa.

Your Excellencies, Distinguished Ladies and Gentlemen,

Although the situation of Human Rights Defenders on the continent continues to be precarious, we are heartened by steps taken the African Commission to address this challenge.

The Forum however, urges the African Commission to consider preparing resolutions on Cameron, DRC and Rwanda for the prevailing circumstances relating to HRDs and to urge states to implement the UN Resolution on HRDs.

The Forum wishes to express its satisfaction so far in working with the mechanisms of the African Commission and urge the African Union to provide sufficient resources for the maintenance of all its mechanisms to ensure greater impact.

Distinguished Ladies and Gentlemen

Similarly, we would wish to reiterate the fact that increasing numbers of African migrants, refugees and internally displaced persons are forced to leave their homes, leading to total disruption of their livelihoods as a result of insecurity and conflict. While we applaud the adoption of the African Union Convention on the protection of refugees and displaced persons held in Entebbe, Uganda from 22-23 October, 2009, The Forum sincerely hopes that states would speedily ratify and implement this convention, which will hopefully help to mitigate the suffering of millions of refugees and IDPs in Africa.

The need to offer special protection to the elderly, the disabled and particularly to women and girl children who often find themselves open to abuse as a result of break down in security, in all circumstances, cannot be overemphasised.  It was proposed, however, that the working group established for the elderly and the disabled should be separated as these were fundamentally different conceptually and normatively.  While restating that disability does not mean inability, it was believed that this course of action will allow for more focused intervention on these two issues by the African Commission.

The deplorable situation of indigenous populations, also received the attention of the Forum. The increased exploitation of land owned by these populations as well as their vulnerability, it was agreed, needed more attention.

Consequently, The Forum would like to request the African Commission carry out systematic regional consultations through its Working Group on Indigenous Populations and to consider establishing a mechanism by appointing a Special Rapporteur on Indigenous Populations.

The Forum congratulates the African Commission for changing the name of the Working Group on the Robben Island Guidelines to ‘The Committee on the Prevention of Torture in Africa’, in line with similar regional and international mandates.  While noting that challenges exist in the maintenance of prisons and places of detention and the use of torture in some states, we request the African Commission to urge states to ratify and implement the Convention Against Torture and it Optional Protocol to prohibit torture and to accelerate the establishment of the National Preventive Mechanisms and therefore contribute the systematic monitoring of prisons and places of detention as well as the use of torture.

The need for states to condemn the death penalty and to commit themselves to its abolition was also reiterated.

Your Excellencies, Distinguished Ladies and Gentlemen

The continuing depletion of Africa’s natural resources as well as the deterioration of the environment as a result of the lack of transparency in investments and corporate policy was also a subject of review.  While the African Commission was commended for setting up a working group on this theme, it was necessary to consider the formulation of mechanisms to protect Africa from exploitation in its various forms.

The human rights dimensions of climate change was given prominence during this session. It was disheartening to realise that the communities and groups that are least responsible for the phenomenon continue to be the most affected.   We congratulate the African Commission for setting up a working group on this issue but urge them to press for the recognition of the linkage between human rights and climate change.

Considering that a multi faceted approach is imperative, the obligation of states that have resources to meet their obligation of contributing towards the mitigation of climate change cannot be overemphasised.

Forced evictions is a violation of human rights which denies victims access to their basic rights.   Participants drew attention the desperate situation of evictees from Nigeria and reiterated the importance of reinforcing socio-economic and cultural rights as well as ensuring that victims are provided with adequate security and compensation.

In a bid to support the strengthening of international justice, The Forum fully endorses the principles of the state’s Responsibility to Protect and continue to request the African Commission to urge member states to fully collaborate with the International Criminal Court in order to prevent and atrocities in Africa.

Distinguished Ladies and Gentlemen

The Forum also reemphasised 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 the African populace.  The importance of human rights education was also underscored and representatives of the Forum re committed themselves to work towards the achievement of this goal.

The Forum would like to encourage more collaboration and joint actions between the Institutions of the African Union especially the African Commission on Human and Peoples’ Rights and the Committee of Experts on the Rights and Welfare of the Child. While urging the African Commission to make a clear statement that violence against children is a violation of human right, the need to increase investment in education and to prioritise the right to education was flagged as being very crucial to the development of children.

The Forum would wish to draw the attention of the African Commission to the issue of citizenship and nationality has indeed been raised relating to the fact that many groups in Africa are increasingly being classed as stateless.  This phenomenon affects migrants, refugees, asylum seekers and internally displaced persons not to mention the large groups of women and children that are trafficked within our porous borders.  The African Commission is hereby requested to carry out a fact finding mission on this subject in a bid to develop a mitigation strategy.

Your Excellencies, Distinguished Ladies and Gentlemen

On behalf of all the participants, I would wish to again congratulate the Commission and indeed His Excellency, the Chairperson for the many missions and achievements registered during the last inter session, and would wish to reiterate the readiness of the NGO community to work with the Commission and its mechanisms in the realization of their mandates.

Permit me, Madam Chairperson, to express our profound gratitude to the African Commission for your collaboration and support in the organisation and facilitation of the NGO Forum.  We would equally like to extend our appreciation, through you, to the Secretariat of the African Commission, and particularly to the Secretary and the Legal Officers, for the interest and continued support enjoyed by the NGO community, particularly those with observer status.  We will continue to urge as many of our participants in the wider community to apply for observer status and thereby play their role and to benefit from the access provided by this great institution.

The Forum congratulates the Office of the High Commission for Human Rights (OHCHR) particularly the East Africa Office for having initially facilitated the development of a human rights strategy for Africa in the past NGO Forums.  Although the process is now under the leadership, of the DPA/AUC, the Forum pledges its support and is committed to the collaboration.

Furthermore, participants noted, with satisfaction, the initiative of the DPA/AUC and the OHCHR to operationalise the implementation of the 10 year capacity building project.  The Forum appreciates the organisation of the recently concluded Conference on ‘Enhancing cooperation between regional and international human rights systems and mechanisms’.  In a spirit of true partnership, NGOs are pleased to have been involved in the process and hereby urge all partners to consolidate the efforts towards the building and sustaining of linkages for human rights in Africa.

Within this framework of collaboration, the Forum wishes to request the African Commission to urges states to cooperate in the operationalisation of their commitment to the UPR process. The need to draw inspiration from the APRM process has proposed.

Your Excellencies, Distinguished Ladies and Gentlemen,

Participants to the Forum of NGOs note with satisfaction the elaboration of the African Governance Architecture and the insightful decision to dedicate the forthcoming January 2011 AU Summit to the theme of “Shared Values”.  This process encompasses the formulation and eventual adoption of a human rights strategy for Africa as well as the ratification and entry into force of the African Charter on Democracy, Elections and Governance (ACDEG). Lack of independence of the electoral systems has made elections in Africa a growing source of conflict and spurred by the substance of the ACDEG, participants have committed themselves to actively support the call of the DPA/AUC to campaign for its speedy ratification and implementation.

While applauding the Department of Political Affairs of the African Union Commission in particular, for such an initiative, participants appreciate their involvement in the process and pledge their resolve to support the DPA/AUC, as it leads this process and assure them of our readiness to play our part, as is usual.  The AUC is further urged to collaborate with other organs and institutions in the implementation of this mandate.

The Forum also noted that many African and International instruments have been ratified by states, which is commendable.  However, the challenge remains that there is need to harmonise and implement these treaties at the national level in order to maximise their impact. Consequently, we would wish to appeal to states, which have not ratified these pertinent treaties, to speedily ratify them and therefore enable their inevitable implementation.  We similarly, urge those who have ratified to ensure that harmonisation does take place to speed up their implementation and thereby give life to their provisions.

In the same vein, we wish to urge states to ratify and expedite action on the domestication and effective implementation of the Rome Statutes.

Distinguished Ladies and Gentlemen,

The entry into force of the Protocol to the African Charter relating to the Rights of Women in Africa continues to be a beacon of hope for the promotion and protection of human rights in Africa.  We, therefore, wish to congratulate all the 27 countries that have ratified the Protocol and fervently hope that universal ratifications by other states would usher in that much needed momentum to put into action gender equality in our various countries. As we look forward to the launching of the African Women’s Decade, we are keen to see much progress made in this important area of human rights.

The Forum reviewed the linkages between HIV/AIDS and the Protocol and wishes to acknowledge that Violence Against Women is adequately covered in the Protocol and there was need to consider the establishing a mechanism on the Right to Health, which is very important to women in these trying times of violence and conflict, which has grave consequences for women.  Furthermore, we request that the African Commission urge states to operationalize Resolutions 1325 and 1820.

Participants at the Forum recognised the lack of impetus in the implementation of the World Conference against Racism (WCAR) Declaration and Programme of Action urged the OHCHR to renew and revitalise its strategy in accompanying the implementation process of the Programme of Action.

The importance of management of human rights information and documentation was also a subject of discussion, considering that quality of our work depends to a large extent to the efficient organisation of information.  The Forum commits itself to building capacity in this area and calls on the African Commission to take the advantage of opportunity provided by the expertise within civil society.

Madam Chairperson, Distinguished Commissioners, Honoured Guests, Ladies and Gentlemen,

I would like to conclude by reiterating the readiness of your partners, particularly NGOs with Observer Status to work in collaboration with the African Commission to further complement your efforts in your work to promote and protect human rights, good governance and the rule of law in Africa.

Madam  Chairperson

On behalf of the participants of the Forum on the Participation of NGOs in the work of the 47th session of the African Commission, allow me to wish you, Your Excellency, and all the Commissioners a fruitful deliberation and a successful session.

 

Thank You.

HJF /ACDHRS


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

Statement by Mrs Hannah Forster on behalf of Participants of the Forum of NGOs at the Official Opening of the 46th Ordinary Session of the ACHPR

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Forum on the Participation of NGOs in the 46TH Ordinary Session of the African Commission on Human and Peoples’ Rights, 11th November 2009, Sheraton Hotel, Banjul, The Gambia

Your Excellency, The Acting Chairperson of The African Commission on Human and Peoples’ Rights (ACHPR), Mr. Tom Bahame Nyanduga

Madam Therese Sarr Toupan, representing the Honourable Attorney General and Secretary of State for Justice and National Assembly Affairs of the Republic of The Gambia, Mrs Marie Saine Firdaus;

Your Excellencies, The Vice Chairperson and Members of the African Commission on Human and Peoples’ Rights (ACHPR);

Your Excellencies, Members of the Diplomatic and Consular Corps;

Distinguished Governing Council Members of The African Centre for Democracy and Human Rights Studies (ACDHRS);

Distinguished Members of the NGO Forum Steering Committee;

Honourable Members of the National Assembly;

Honourable Secretaries of State;

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

I am privileged, once again, to stand before this august gathering of the African human rights community with the responsibility to present a statement on behalf of my colleagues of the NGO Forum preceding the 46th Ordinary Session of the African Commission on Human and Peoples’ Rights.

I would, therefore, on behalf of all the participants of the NGO Forum, and indeed on my own behalf, like to thank the Acting Chairperson of the African Commission for affording us this opportunity.

I would wish to crave the indulgence of this assembly to observe a moment’s silence to remember all victims of human rights violations in Africa, particularly those innocent victims who have been killed and continue to be killed on this great continent, in particular those of the September 28th massacre in Guinea Conakry.

Your Excellencies, Distinguished Ladies and Gentlemen

Please allow me to also express our gratitude to the Government and people of The Gambia for their hospitality, in facilitating the activities of the 46th Ordinary Session and to reiterate the appreciation of the Forum of NGOs for the continued warmth afforded them since their arrival on Gambian soil.

We would equally like to take this opportunity to congratulate the newly elected Commissioners, namely from Egypt, Rwanda and Tunisia, on their appointment and wish them well in their new assignment.  To the outgoing Commissioners, we wish to extend our appreciation for your various contributions made and urge you to remain engaged in the remarkable work you have started at the Commission – of promoting and protecting human rights in Africa.

Your Excellencies, Distinguished Ladies and Gentlemen,

It would please you to note that the NGO Forum was held three days prior to the commencement of this Session of the Commission, in keeping with tradition.  This session was particularly significant because it was held amidst rumours of a possible boycott of the Gambia as a venue by some NGOs.  Let me reassure all present that despite this initial hiccup, the turnout was remarkable, the debate was objective and profession leading to commendable outcomes, as is usual.  Over 110 representatives from all over Africa participated including 7 participants from Europe and The USA.

The Forum noted that while some real and positive developments have been registered in a number of African countries, challenges in the human rights and democracy situation on the Continent continue to be characterised by conflict, insecurity and violence, which undoubtedly ushers in untold hardships to the majority of citizens of the affected countries.

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 46th Session.

Distinguished Ladies and Gentlemen

Please bear with me as I present you with highlights of the said deliberations.

The Forum would like to draw your attention to a number of incidents, which have occurred in recent months and have raised the concern of participants, particularly in Gambia, Guinea Conakry, Niger, Sudan and Zimbabwe.

In Guinea Conakry, reports have confirmed the loss of over 150 lives in the terrible incidents of September 28th, 2009.  Moreover, the violence and the torture perpetrated against the hundreds of women during the carnage by the junta is worthy of condemnation.

In The Gambia, allegations of misunderstanding between the Gambian authorities and human rights defenders was report, which had almost affected the holding of the 46th session of the ACHPR as well as other activities on its margins.

In Darfur, Sudan, attacks on United Nations personnel have also been reported leading to the withdrawal of some humanitarian aid agencies whose main aim is to prevent and alleviate the suffering of innocent victims. Furthermore, the banning of many non governmental organisations coupled with the harassment against defenders had signalled the going into exile of a good number of human rights defenders.

In Niger, the unconstitutional reforms which extended the term of office of the President is a fine example of the growth of constitutional coups in Africa and is very worrisome since it sets an unwelcome precedence.

Despite the hope brought on by the setting up of a government of national unity, participants have expressed concern over the situation in Zimbabwe. The Forum also deplored the expulsion of The UN Special Rapporteur on Torture and urges the African Commission in collaboration with The African Union to closely monitor the situation and to urge the government to, among other things, implement the reform process as per the agreement.

Furthermore, in Burundi, Rwanda and Uganda, there are reports of increased intimidation, harassment and homophobic attacks directed at people of different sexual orientation.

Consequently, we would wish to request the African Commission to consider conducting  fact finding missions to these countries to ascertain the veracity of these reports and to adopt a resolution publicly condemning all violations of international human rights and humanitarian law committed by all parties in all conflicts in Africa and to work with the African Union in their resolution.

Distinguished Ladies and Gentlemen

There is no doubt, that the violations characterizing the above mentioned countries already show warning signs of deterioration in the system.  While urging the states to respect their international, regional and national commitments, we further urge the African Commission to investigate all the situations with a view to propose and implement concrete steps to ensure the resolution of these aforementioned conflicts.

Furthermore, it was observed that suppression of the freedom of expression, opinion, assembly and the press has increased on our continent with formulation of draconian laws, harassment, intimidation, killings and arbitrary detention. In this regard, the Forum requests the African Commission to pay particular attention to the situation in The Gambia, Sierra Leone, Somalia, Sudan, Swaziland and Zimbabwe.

Your Excellencies, Distinguished Ladies and Gentlemen,

Although the situation of Human Rights Defenders on the continent continues to be precarious, we are heartened by the developments made so far by the special mechanism of the Special Rapporteur for Human Rights Defenders in Africa.

The Forum wishes to express its satisfaction so far in working with the mechanisms of the African Commission and urge this institution to provide sufficient resources for the maintenance of all its mechanisms to ensure greater impact.

Distinguished Ladies and Gentlemen

Similarly, we would wish to reiterate the fact that increasing numbers of persons are forced to leave their homes, which movement have totally disrupted their livelihoods as a result of insecurity and conflict.  We refer to the silent and almost forgotten statistics of African refugees and internally displaced persons who depend more or less on the hospitality and limited resources of host countries. While we applaud the adoption of the African Union Convention on the protection of refugees and displaced persons held in Entebbe, Uganda from 22-23 October, 2009, The Forum sincerely hopes that states would speedily ratify and implement this convention to allieviate the suffering of millions of refugees and IDPs in Africa.

The need to offer special protection to the elderly, the disabled and particularly to women and girl children who often find themselves open to abuse as a result of break down in security, in all circumstances, cannot be overemphasised.

Not the least, the NGOs believe that the deplorable situation of indigenous persons should not cease to occupy us and consequently request the African Commission to reinforce the capacity of the Working Group on Indigenous Peoples.

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 request the African Commission to urge states to prohibit torture, to condemn death penalty and to commit themselves to its abolition.

Your Excellencies, Distinguished Ladies and Gentlemen

The Forum noted the continuing depletion of Africa’s natural resources as well as the deterioration of the environment as a result of the lack of transparency in investments and corporate policy.

The need to review the human rights dimensions of climate change is eminent and will be given prominence in the future and urges the African Commission to carry out a study to that effect in order to set its agenda on this relevant but often neglected area of economic, social and cultural rights.

Considering the rise of forced evictions in Africa, it was noted that it was a violation of human rights denying victims access to these basic rights.  The latter is equally true in the field of mining of natural resources.  Participants reiterated the importance of reinforcing socio-economic and cultural rights as well as ensuring that victims are provided with adequate security and compensation.

While emphasising the need to strengthen international justice, The Forum welcome the report of the UN Secretary General on implementing the Responsibility to Protect, particularly the General Assembly debate and reference to the transition from non-interference to non-indifference.  Consequently, we would wish request that the African Commission to urge member states to fully collaborate with the International Criminal Court in order to prevent and atrocities in Africa.

Distinguished Ladies and Gentlemen

The Forum also reemphasised 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 the African populace.  The importance of human rights education was also underscored and representatives of the Forum re committed themselves to work towards the achievement of this goal.

Your Excellencies, Distinguished Ladies and Gentlemen

On behalf of all the participants, I would wish to again congratulate the Commission and indeed His Excellency, the Acting Chairperson for the tremendous missions and achievements registered during the last inter session, particularly the harmonisation of the rules of procedure and would wish to reiterate the readiness of the NGO community to work with the Commission and its mechanisms in the realization of their mandates.

Permit me, Mr Chairperson, to express our profound gratitude to the African Commission for their collaboration and support in the organisation and facilitation of the NGO Forum.  We would equally like to extend our appreciation, through you, to the Secretariat of the African Commission, to the Secretary and the Legal Officers, in particular, for the interest and support enjoyed by the NGO community, particularly those with observer status.

Your Excellencies, Distinguished Ladies and Gentlemen,

Participants to the Forum of NGOs note with satisfaction the ratification and entry into force of many African and International instruments.  However, there is need to harmonise and implement these treaties at the national level in order to maximise their impact. This brings to mind The African Charter on Democracy, Elections and Governance’ The Protocol to the Establishment of an African Court; among others.  Consequently, we would wish to appeal to states, which have not ratified these pertinent treaties, to speedily ratify them and therefore enable their inevitable implementation.

In the same vein, we wish to urge states to ratify and expedite action on the domestication and effective implementation of the Rome Statutes.  The Forum while welcoming the Mbeki report, urges the AU to effectively disseminate the report and to encourage the involvement of NGOs in the process.

Distinguished Ladies and Gentlemen,

The entry into force of the Protocol to the African Charter relating to the Rights of Women in Africa continues to be the light at the end of the tunnel for the promotion and protection of the rights of women in Africa and is indeed 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 27 countries that have ratified the Protocol and fervently hope that universal ratifications by other states would follow shortly, to provide that much needed momentum to put into action gender equality in our various countries. As we celebrate 30 years of CEDAW, NGOs are keen to see a lot of progress made in this area and have proceeded to appreciate the forthcoming organisation of the Beijing +15 review which would review developments made so far in the implementation and would wish to congratulate UNECA and UNIFEM for their support of this initiative.  The Forum wishes to acknowledge the important role of the Special Rapporteur in all these activities.

While lauding the gender parity policy adopted by the African Union, the Forum renews its call for States to replicate similar policies at the national level in conformity with the Solemn Declaration on Gender Equality in Africa.

The Forum congratulates the Office of the High Commission for Human Rights (OHCHR) particularly the East Africa Office for leading the discussion on the development of a human rights strategy for Africa.  While thanking OHCHR for involving NGOs in the process, the Forum pledges its support and is committed to the collaboration already spelt out in the strategy.

Participants at the Forum in recognising the efforts of the OHCHR in reviving the implementation of the World Conference against Racism (WCAR) Declaration and Programme of Action equally commit themselves to collaborate with OHCHR in the implementation of the Programme of Action, while looking forward to more in depth discussion on the subject.

Mr. Chairman, Distinguished Commissioners, Honoured Guests, Ladies and Gentlemen,

Let me conclude by reiterating the readiness of your partners, particularly NGOs with Observer Status to work in collaboration with the Commission for the furtherance of human rights, good governance and the rule of law in Africa.

Mr. Chairman

On behalf of the participants of the Forum on the Participation of NGOs in the work of the 46th session of the African Commission, allow me to wish you, Your Excellency, and all the Commissioners a fruitful deliberation and a successful session.

Thank You.

HJF / ACDHRS

Recommendation on “Freedom of Expression”

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We, participants at the 46th session of the NGO Forum call upon the commission

1. to act on the resolution made during the previous session on Zimbabwe and send the Special Rapporteur on freedom of expression as a matter of urgency on a fact-finding and investigative mission to Zimbabwe regarding violations of the right to freedom of expression and to especially to pursue the following:

  • The arrests and prosecution of journalists and human rights defenders for exercising the right to freedom of expression.
  • Delay in freeing media space for a diverse and pluralistic media.
  • The repressive laws and institutions hindering the exercise and enjoyment of this right in Zimbabwe.

2. We call upon the Commission to pursue and act upon the disappearance of the Gambian journalist Chief Ibrahim Manneh who has been missing since 2006.

3. We also call upon the African Commission to urge the coalition government of Zimbabwe to implement the Commission’s 4 June 2009 ruling that it should repeal article 79 and 80 of Access to information and Protection of Privacy Act (AIPPA), which remains inconsistent with the provisions of the African Charter, as well as urge them to comply with the outcome of the commission’s 2002 fact-finding mission.

4. The Commission is also urged to put pressure on all countries to repeal all laws that criminalize the exercise of freedom of expression as in Zimbabwe, Gambia, Sierra-Leone and Tanzania and also urge them to put in place legislation that enhance the enjoyment of the right to freedom of expression such as freedom of Information laws, Sierra-Leone being an example.

5. We urge the commission to condemn the continuing attacks and persecution of the media in Tanzania which saw the shutting down of the Mwanahalisi news paper following the acid attack on two of its journalists. This is more so as it approaches its 2010 elections.

 

Done at Banjul, November 9th, 2009

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

Statement by Mrs Hannah Forster on behalf of Participants of the Forum of NGOs at the Official Opening of the 43rd Ordinary Session of the ACHPR

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Forum on the Participation of NGOs in the 43rd Ordinary Session of the African Commission on Human and Peoples’ Rights, 7th May 2007, Royal Swazi Sun Convention Centre, Ezulwini, Kingdom of Swaziland

The Right Houourable Prime Minister of the Kingdom of Swaziland, His Excellency Absalom Themba Dlamini,

Your Excellencies, Honourable Ministers and Secretaries of State of The Kingdom of Swaziland;

Honourable Members of the National Assembly of The Kingdom of Swaziland;

Your Excellencies, Acting Chairperson – Commissioner Angelo Melo and Honourable Commissioners of the African Commission on Human and Peoples’ Rights (ACHPR);

Your Excellencies, Representatives of the Committee of Experts on the Rights and Welfare of the Child;

Your Excellencies, Members of the Diplomatic and Consular Corps;

Distinguished Executive Member of The Governing Council of the African Centre for Democracy and Human Rights Studies (ACDHRS), Mr. Mohammed Mabassa Fall;

Your Excellency, M. Frej Fenniche, Regional Representative and Delegation of the Office of the High Commissioner for Human Rights in Addis Ababa, Ethiopia;

Your Excellencies, Heads of Delegations and Distinguished State Representatives;

Venerable Religious and Traditional Leaders;

Representatives of National Human Rights Institutions;

Fellow Members of the NGO Forum Steering Committee

Representatives of National and International NGOs;

Representatives of the Press;

Distinguished Ladies and Gentlemen;

All protocols respectfully observed

It is an honour for me to stand before this distinguished gathering of the African human rights community, once again, with the responsibility to give a statement on behalf of all my colleagues of the Forum on the Participation of NGOs in the 43rd Ordinary Session of the African Commission on Human and Peoples’ Rights (NGO Forum), held here in Ezulwini, Kingdom of Swaziland.

On behalf of all the participants of the NGO Forum, and indeed on my own behalf, I wish to thank the Honourable Chairperson and Members of the African Commission, most sincerely, for affording us this opportunity.

Allow me, in the first instance, to thank the Acting Chairperson and Members of the Commission for the kind words extended to me.  Indeed, I am humbled and in the same breath recognise all the invaluable contributions of all participants of the Forum in all these activities.  It is only together that we can make the difference we seek to make to our beloved continent.

Your Excellencies, Distinguished Ladies and Gentlemen

Please allow me to also express our gratitude to the Government and people of The Kingdom of Swaziland for their hospitality, in facilitating the activities of the 43rd Ordinary Session and to reiterate the appreciation of the participants of the Forum of NGOs for the warmth accorded them since their arrival in this most beautiful valley. Special thanks is extended to His Royal Highness, Prince David Dlamini, the Honourable Minister of Justice for delegating the Attorney General, Honourable James M. Dlamini to address the Forum at its Opening Ceremony.

Your Excellencies, Distinguished Ladies and Gentlemen,

In keeping with tradition, the Forum on the Participation of NGOs in the 43rd Session of the African Commission on Human and Peoples’ Rights, commonly referred to as The NGO Forum was held from the 3-5May 2008, a few days ago before the commencement of this Session of the Commission.

As we celebrate the Year of the African Youth this year, we also commemorate the 60th Anniversary of the Universal Declaration of Human Rights (UDHR). The Forum noted, with satisfaction, the contribution made by the world’s foremost human rights instrument, which is a milestone in the development of human rights; from which all systems for the promotion and protection of human rights draw inspiration.  We would like to take this opportunity to salute those African countries who formed part of the drafting of this document as well as those who continue to respect, observe and implement its provisions. The need to continue to live its guiding spirit cannot be overemphasised considering that knowledge and adherence to its contents would indeed contribute towards greater respect for human rights and fundamental freedoms.

The Forum, while applauding the significant and positive developments in the human rights and democracy on the continent, observed an improvement in the respect for human rights, good governance and the rule of law in some African states.   The Forum acknowledged that the UDHR is indeed well on its way to fulfilling the aspirations of its founding fathers.

Consequently, as we celebrate the 60th Anniversary of the UDHR, we congratulate and applaud the efforts of the United Nations to support the capacity building of the African Union in order to create the conducive environment for the realization and facilitation of participation in its work.

In applauding these developments among others, the Forum asserted that Africa continues to face serious human rights challenges characterised by violence, conflict, poverty and insecurity. Internal political strife, disease, arbitrary detention, enforced disappearances and extrajudicial killings continue to bring untold hardships, not to talk of disorientation to the majority of citizens of the affected countries, particularly to women and children.

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 43rd Session.  I, however, crave your indulgence to highlight and share with you some of the concerns and evolving issues raised during the Forum.

Distinguished Ladies and Gentlemen

Instances of serious violations of human rights and international humanitarian law in varying degrees were cited in Central African Republic, DRC, Eritrea, Kenya, Somalia, Swaziland and The Sudan.

The Forum received reports of arbitrary arrests and illegal detention and hereby call on the relevant authorities to respect their constitutional provisions, and to abide by their international obligations.

The continuing resurgence of rebel movements and attacks has resulted in the death of many civilians particularly in the DRC.  The Forum requests the African Commission to urge the above-mentioned State to ensure that all parties to the conflict adopt an immediate ceasefire and respect international human rights law.  It is desirable that all those responsible for atrocities are brought to justice in the Central African Republic, DRC, and Somalia to avoid nurturing a climate of impunity.

The Forum applauded the African Union’s firm stance against undemocratic and unconstitutional change of government characterised by constitutional amendments to legalise extended terms of office by incumbents and in so doing, welcome, once again, the adoption of the African Charter on Democracy, Elections and Governance (The African Democracy Charter). It was noted, however, that the attainment of true democracy remains a daunting task in many an African country.   The Forum recognised that while this document generated a lot of interest, it is yet to enter into force and would like to take this opportunity to urge states to ratify and domesticate this instrument that would definitely go a long way towards contributing to the consolidation of democracy in Africa.

Consequently, we humbly 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.

Distinguished Ladies and Gentlemen

There is no doubt, that the heightening violations in some of these countries already indicate warning signs of deterioration in the system.  We recognise the efforts of the African Commission in rising to the occasion and adding their voice to the alarming situations in Kenya and Somalia during the 4th Extraordinary Session and resolving to send fact-finding missions to these two countries.  However, we urge them to consider undertaking such missions as soon as possible to enable them to make timely intervention in the resolution of these aforementioned and other conflicts.

Zimbabwe continues to amaze Africa and the world at large and consequently did not escape the attention of the Forum.  We hereby renew our request to the African Commission, to urge the African Union to encourage the Government of Zimbabwe to live up to its obligations under the African Charter on Human and Peoples’ Rights and to implement the recommendations contained in the African Commission’s fact-finding report to Zimbabwe as well as the recommendations of the United Nations Special Envoy on Human Settlement Issues pertaining to the provision of aid and protection to the victims of the forced evictions and demolitions.

The situation in Zimbabwe is a potential recipe for disaster and we urge the Government of Zimbabwe to respect it constitutional provisions in all its activities, particularly in relation to the proposed run off.   In view of the current electoral hiccups, we call on the African Commission to constitute a fact finding mission comprising the Special Rapporteurs of Human Rights Defenders, Freedom of Expression, Rights of Women, and Refugees as well as the Chairman of the Working Group on Torture to visit and assess the situation in Zimbabawe.

The respect for freedom of the press continues to be a challenge on our continent with the constant formulation of draconian laws, harassment, intimidation, killings and arbitrary detention in many an African country, particularly, Angola, Lesotho, Swaziland, Sudan and Zimbabwe. We urge the Special Rapporteur for Freedom of Expression in Africa to investigate the discrimination of the media, the existence of redundant laws, especially electoral laws in the aforementioned countries.

Your Excellencies, Distinguished Ladies and Gentlemen,

The Forum reiterates its satisfaction with working with the special mechanisms set up by the African Commission to facilitate coordination and collaboration in the various themes within the African Commission and its partner and urge the African Union Commission to continue to provide sufficient resources for the maintenance of the Secretariat, not least its mechanisms to ensure greater impact.

The situation of Human Rights Defenders remain perilous and the Forum heard reports of harassment, intimidation and arrests of HRD.  This situation was especially prominent in the North Africa region where laws curtailing freedom of association, freedom of expression; among other restrictive laws are in existence.

Similarly, we would wish to draw attention to the increasing numbers of persons who are forced to leave their homes as a result of insecurity, poverty and conflict, we refer to African refugees and internally displaced persons.  The need to offer special protection particularly to women and girl children who in most cases find themselves open to abuse as a result of breakdown in security cannot be overemphasised.

Despite the existence of the Refugee Convention, compliance remains weak.  The increase in refugees fleeing from Chad, Kenya, Sudan and Zimbabwe has indeed inflated the number of refugees and asylum seekers.  Consequently, the Forum would like to urge the Commission to encourage the Special Rapporteur on Refugees to look into the phenomenon of returnees and migrant workers and make recommendations to the African Commission on the matter.

Not the least, the NGOs believe that the deplorable situation of minorities and indigenous persons should not cease to occupy us.  In particular, the Forum welcomes the renewal of the mandate of the Working Group on Indigenous Communities and calls for the creation of a separate mechanism on Minorities. Considering that the definition of minorities remains elusive, it would be useful to initiate the setting up of a group to look into the legal, social status of minorities.

The discrimination of Lesbian, Gays, Bisexual, Transgendered and Intersex Peoples has not been lost on the Forum.  We call on states to criminalize or repeal laws that discriminate against this group of people.

The use of torture and the application of the death penalty are still practiced in some states.  The Forum called on the African Commission to urge states to prohibit torture and to condemn the death penalty and to further urge them to commit themselves to its abolition.  Furthermore, the Forum calls on States and all stakeholders to promote and use the Robben Island Guidelines, which could contribute greatly towards a decrease in the use of torture as well as an increase in observance of human rights

Distinguished Ladies and Gentlemen

The Forum continued to review the continuing depletion of Africa’s natural resources, which has greatly contributed towards the deterioration of the environment; displacement of communities and untold poverty in respective countries.    In the same vein, the Forum urges the African Commission to consider including Economic, Social and Cultural Rights on the agenda of future sessions, particularly the right to food as well as put in place effective mechanisms to address issues of poverty and deprivation.

The importance of human rights education was also underscored and in so doing the Forum emphasised the necessity of popularising the various documents emanating particularly from the African Union, the African Commission, the United Nations and even the Regional Economic Communities to ensure that the messages contained therein reach our constituents.

Your Excellencies, Distinguished Ladies and Gentlemen

On behalf of the participants, I would like to reiterate the readiness and willingness of the African NGO community, our commitment as partners in the process and determination to place 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 progress made so far in the operationalization of the African Court on Human and Peoples’ Rights.  Consequently, we would wish to appeal to States, which have not ratified the Protocol to the Court, to speedily ratify and therefore enable the inevitable implementation of the Protocol to the Court.  We also urge them to review Article 34(6) of the Protocol and consider granting individuals and NGOs direct access to the Court. While congratulating the appointment of the Judges of the Court, we urge the African Union to follow the guidelines for the nomination of Judges.  The Republic of Tanzania is urged to provide the necessary infrastructure needed to provide an enabling environment for their work.  While we await the adoption of the Protocol by the African Union Summit in July 2008, we sincerely hope that the activities of the Court will further consolidate the work of the African Commission.

In the same vein, we wish to urge all African states to ratify and to expedite action on the domestication and effective implementation of the Rome Statutes.

Distinguished Ladies and Gentlemen,

The situation of women and children, particularly girls is pathetic in most African countries.  We have seen an increase in gender based violence; the institutionalisation of harmful traditional practices, trafficking, abduction, sexual abuse and violence have continued unabated, particularly in areas of armed conflict.  The need to urge states to identify the causes and consequences with a view to taking all necessary measures to prevent and eradicate them cannot be overemphasised.

We further recommend the establishment of closer links between the African Commission, the Committee of Experts on the Rights and Welfare of the Child and the other organs of the African Union Commission to provide a consolidated common front in the promotion and protection of human rights in Africa.

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.  We congratulate all the 23 countries that have ratified the Protocol but fervently hope that universal ratifications by other states would ensue.  It is our expectation to see a lot of progress made in this area and urged states that have ratified to proceed with the formulation of advocacy strategies for its domestication and implementation.  The Forum while acknowledging the important role of the Special Rapporteur on the Rights of Women in Africa in all these activities are poised to collaborate and support work in this area.

Your Excellencies, Distinguished Ladies and Gentlemen

The Forum further urges States to replicate policies at the national level in conformity with the Solemn Declaration on Gender Equality in Africa.

Your Excellencies,  Acting Chairperson and Members of the African Commission

Distinguished Ladies and Gentlemen,

It would be remiss of me to conclude this statement without making mention of the wave of impunity that remains very disconcerting on the continent.  Corruption is rife to say the least.   While congratulating the international community, the Forum recognises that the responsibility of states to protect its citizens and to ensure that violators are brought to book, continue to be tested. We urge states to take their obligations seriously and to implement these provisions as dictated by the rule of law.

Madam. Acting Chairperson, Distinguished Commissioners, Ladies and Gentlemen,

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, particularly, the African Commission with which they enjoy observer status.

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 of this Session.  Our passion is to witness much more change in the landscape and we are confident that with the unflinching support of the member states of the African Union this will be achieved.  Consequently, we also call on National Human Rights Institutions, particularly those with associate status with the African Commission to explore ways of supporting the efforts of civil society and closing the gap in this area of work

The Forum, welcomes the efforts made to by the African Union to provide much of the needed resources of 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 continue to support the strengthening of this institution, the foremost human rights mechanism in Africa.

Madam Acting Chairperson, Your Excellencies, Distinguished Ladies and Gentlemen

On behalf of the participants of the NGO Forum, we wish to thank H.E. The Chairperson, Members, the Secretary and Staff of the African Commission and all their partners for the various initiatives and assistance they had put in place for the successful organisation of this Session.  We congratulate, once again the Bureau, and wish all the members of the Commission, through Her Excellency, the Acting Chairperson, Commissioner Angela Melo, a fruitful deliberation and a successful session.

 

Thank You.

HJF

ACDHRS for NGO Forum Steering Committee



Recommendation on Human Rights Defenders

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We the Participants of the Forum on the Participation of NGOs in the 39th Ordinary Session of the African Commission on Human and Peoples’ Rights, recommend that the African Commission on Human and Peoples’ Rights:

  • Urges states to recognize the important role that human rights defenders play in the promotion and protection of human rights and in strengthening democracy.
  • Urges states to fully comply with the United Nations Declaration on human rights defenders, which was adopted by consensus at the United Nations General Assembly in 1998 and the resolution adopted by the ACHPR on human rights defenders.
  • Disseminates the United Nations Declaration on Human Rights defenders to all sectors of society.
  • Urges states to support the Special Rapporteur in the performance of his or her work by extending open invitations to visit the country and cooperating in the follow up of recommendations.
  • Supports the Special Rapporteur on Human Rights Defender in order for her to be able to discharge her mandate, including responding to human rights violations against individual defenders, and intervening  with relevant governments;

We urge the Special Rapporteur on Human Rights Defenders to:

  • Undertake fact-finding missions to assess the situation of human rights defenders in particular countries and make recommendations to the relevant governments to improve the situation of human rights defenders and ensure protection of their rights;
  • Pay special attention to the specific vulnerabilities of women as well as of the specific violations they face in their work in defense of human rights because of their sex or gender identity.
  • Include in her regular reports to the ACHPR trends affecting the operation of NGOs and the situation of human rights defenders in Africa.
  • Work with the emerging Networks of NGOs on Human Rights Defenders, presenting existing in Southern, East/Horn of Africa and West).

 

Done in Banjul, May 8th, 2006

Resolution on the Democratic Republic of Congo

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The Forum on the participation of NGOs at the 39th Ordinary Session of the African Commission on Human and Peoples’ Rights,

Considering that the three-year political transition period will end with the organization of Presidential and Legislative elections on the 30th July 2006, beyond the Constitutional deadline of the transition;

Considering that the end of the electoral process falls within a climate of strong political and social tensions, and of major insecurity, particularly in the region of Kivu and the Ituri District where the regular armed forces of the FARDC are fighting against the militia of the Congolese Resistance Movement on the one hand and the Rwandan rebels of the FDLR against the FARDC and other Congolese militia on the other;

Recalling the recent declarations of the Security Council on the presence of Ugandan rebels on Congolese territory;

Considering the serious Human Rights and International Humanitarian Law violations perpetrated in the East of the country by the regular armed forces, the rebel armed groups, the security services and the forces of law and order against the civilian populations, giving rise to the forced displacement of a large number of people;

Considering in particular the massive upsurge of sexual violence against women and the recurrent violations of the rights of children;

Considering the serious threats, harassment and violence perpetrated against human rights defenders and journalists who denounce these serious Human Rights and International Humanitarian Law violations;

Welcoming with satisfaction the bringing of Thomas Lubanga before the International Criminal Court to answer for war crimes committed from the 1st July 2002 in the Ituri District;

Deeply concerned by the impunity enjoyed at the national level by the majority of the perpetrators of serious Human Rights and International Humanitarian Law violations due notably to the subordinated nature of the judicial system and the failure to incorporate within the Congolese domestic laws the international provisions for the protection of human rights which had been ratified by the Democratic Republic of Congo;

Deploring the insufficiency of the resources placed at the disposal of the Congolese civilian society to sensitize and prepare the populations for the electoral process;

Noting the difficulties encountered in the process of integrating and training an Army and a National Police Force on the eve of elections;

Taking into account the final observations formulated by the United Nations Human Rights Committee in March 2006;

Hereby requests the African Commission on Human and Peoples’ Rights to adopt a Resolution:

1. Condemning the serious Human Rights and International Humanitarian Law violations perpetrated by the regular Armed Forces, the rebel Armed Groups, the Security Services and the Forces of Law and Order against the civilian populations;
2. Requesting the relevant National Authorities to independently investigate the serious Human Rights and International Humanitarian Law violations and, if need be, to pursue and bring their perpetrators to justice;
3. Requesting the National Authorities to use all necessary measures, notably budgetary ones, to guarantee the independence and efficiency of the judiciary in conformity with Articles 6 and 7 of the African Charter on Human and Peoples’ Rights;
4. Recommending to the Prosecutor of the International Criminal Court to pursue his investigations on the situation in the Democratic Republic of Congo for the purpose of extending the legal proceedings to other cases of serious Human Rights and International Humanitarian Law violations committed on the 1st July 2002 everywhere in the territory;
5. Requesting the organs of the International Criminal Court to guarantee the security of the witnesses and victims who participate in the proceedings before the Court;
6. Requesting the National Authorities to cooperate fully with the organs of the Court and notably to adopt within the domestic legislation a law allowing the adaptation of the provisions of the Statutes of the International Criminal Court;
7. Requesting the National Authorities to guarantee the full exercise of and respect for the freedoms of expression, of movement and of action by the Human Rights Defenders, in conformity with the provisions of the African Charter on Human and Peoples’ Rights, to the Resolutions of the Commission on Human and Peoples’ Rights on the protection of Human Rights Defenders and to the Declaration on Human Rights Defenders adopted by the United Nations General Assembly in 1998;
8. Requesting the National Authorities to take all the necessary measures to guarantee the organization of free and democratic elections in conformity with Article 13 of the African Charter on Human and Peoples’ Rights and Article 25 of the International Convention on Civil and Political Rights;
9. Requesting the National Authorities to guarantee the security of all the members of Civil Society and the members of the Political Parties during the elections, notably by accelerating the integration process of an Army and a National Police Force;
10. Requesting the National Authorities to guarantee the presence of national and international Observers having the mandate to guarantee the credibility and transparency of the elections;
11. Making provision for the fielding of a mission by the African Commission on Human and Peoples’ Rights, comprising notably of the Special Rapporteur on Human Rights Defenders;

Done in Banjul, 8 May 2006