Tag Archives: Freedom of Expression

African Civil Society Call for the relocation of the African Commission on Human and Peoples` Rights headquarters from The Gambia

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8 October 2012

To: Heads of government of AU member states,
CC: Ministers of Foreign Affairs in Africa
Permanent Representatives to the African Union;
Members of the African Commission on Human and Peoples’ Rights

African Civil Society Call for the relocation of the African Commission on Human and Peoples` Rights headquarters from The Gambia

Excellencies,

We, the undersigned non-governmental organisations, participating at the NGO Forum and the 52nd Ordinary Session in Yamoussoukro and to the  commemoration of the 25 years of the establishment of the African Commission Commission on Human and Peoples’ Rights, are writing to call to your attention the ongoing widespread and systematic human rights violations in  The Gambia and to call on African Union Member States to take urgent action for the relocation of the African Commission and Human and Peoples` Rights headquarters from The Gambia.

The Gambia government has over the years walked a path of continuous infractions on the fundamental rights of the Gambian citizenry, specifically in the following instances- the assassination of Deyda Hydara and the  extra-judicial killings of 48 innocent migrants, [mostly Ghanaians] in 2005; disappearances of Ebrima (Chief) Manneh and Daba Marena and five other security officials in 2006;  the abduction, stigmatisation and drugging of mostly elderly women accused of being ‘witches’ in 2007;  and the continuous harassment and jailing of journalists and illegal closure of private media houses deemed critical of the Gambia Government; and the systematic dismantling of institutions of governance- the legislature and judiciary particularly.

The continued threats heaped on human rights defenders- especially given utterances made by President Jammeh, that he cannot guarantee the safety of human rights defenders working in The Gambia, does not make Banjul an ideal human rights capital of the African continent. Gambia`s government has breached every single principle that the African Human Rights Charter espouses, and  it has been requested, on numerous occasions, to respect its obligations to the Human Rights Charter, especially given the fact that it is hosting the Commission.

President Yahya Jammeh’s regime’s continued position to ignore the calls for reforms by its peers, civil society and the international community and its determination to continue to violate the rights of its own citizens through the rule of terror, and instilling fear within the general public, was further proven when it illegally executed nine inmates on death row, (following a pronouncement by President Jammeh to kill all death row inmates) and conspired with state security agencies to cover it up.

Moreover, the contempt shown by The Gambia government to the ECOWAS Court, by its refusal to honor the court ruling to produce Chief Ebrima Manneh and compensate his family, as well as compensate Musa Saidykhan for torture meted out to him whilst under the custody of state security agents.  Arbitrary arrests and cruel treatment has now become a weapon wielded by the Jammeh regime against the citizenry, where acts of police brutality are rampant.

The African Commission on Human and Peoples’ Rights must now, after decades of humiliation and disrespect shown to it by the Gambia government, be freed of the shackles of its host nation, and provided with the a home that respects and espouses the prescribed articles of the continental human rights Charter: article 3- equality before the law and protection by the law; article 4- respect for human life; article 6- right to liberty and protection from arbitrary arrest; article 7- right to fair trial and presumption of innocence until proven guilty; article 9: right to receive information and express and disseminate such information within the law; article 10- freedom of association; article 11- freedom of assembly; article 12- freedom of movement; article 25 duty to promote human rights; article 26- duty to guarantee independence of courts.  All such articles have been systematically and deliberately breached by the regime of the very nation that such a sacred document was named after, and entrusted with the privilege of hosting a continental human rights body.

Excellencies,

The government of The Gambia has betrayed the trust of its own citizens and foreign nationals alike. And it has also demonstrated that it is an unreliable partner and an unworthy host of an enterprise established to protect and promote the rights of the African citizenry.  The sole honour of calling Gambia host of the ACHPR must now be withdrawn; a bold move that will demonstrate Africa’s resolve to uphold the sanctity of life, right to liberty, freedom, good governance and democracy.

We believe that the Government of the Gambia does not possess the moral authority in principle and practice, to continue to be bestowed with the privilege of hosting a human rights Commission secretariat, since it has demonstrated time and again that the protection of and respect for human rights is not a priority. The act of relocating the human rights Commission from The Gambia will be a milestone in our collective journey travelled over the 25 years we marched, as we embarked on a continental quest of promoting human rights for every African man, woman and child; irrespective of ethnicity, political leanings, different orientations, religion or race.

We therefore call on all member states of the African Union, to relocate the African Commission on Human and Peoples` Rights from The Gambia;

Excellency, we thank you for your attention to these concerns. We remain available to provide further information as may be useful.

Sincerely,

OS52-letter relocation Commission (full text in English, PDF)

Declaration of the NGO Forum to the African Commission

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

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

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

Freedom of Expression

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

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

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

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

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

Indigenous Peoples

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

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

Refugees, Migrants, and IDPs

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

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

People with Disabilities

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

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

Children’s Rights

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

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

Pre-trial Detention, Policing, and Torture

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

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

Women’s Rights

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

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

 Transitional Justice

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

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

Environment, Human Rights, and Extractive Industries

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

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

Human Rights Defenders

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

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

Death Penalty

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

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

Country Situation of Particular Concern; Sudan

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

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

Reprisals

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

Done in Yamoussoukro, Ivory Coast

8th October, 2012 

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

Summary Report of the NGOs Forum preceding the 51th Ordinary Session of the African Commission on Human and Peoples’ Rights and 25th African Human Rights Book Fair: 14-16 April 2012 – Banjul, The Gambia

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The Forum on NGO Participation in the Work of the 51st Ordinary Session on the African Commission on Human and People’s Rights and the 25th African Human Rights Book Fair, organised and facilitated by the African Centre for Democracy and Human Rights Studies in collaboration with the African Commission on Human and Peoples’ Rights and the NGO Forum Steering Committee was held at the Kairaba Beach Hotel, in Banjul, The Gambia from 14-16 April, 2012.

The Forum brought together over 200 participants and facilitators from over 26 countries in Africa and included participants from in Europe, and the United States. The participants and facilitators were generally from Non-Governmental Organisations with a few representatives from National Human Rights Institutions and government non-governmental organisations in the deliberations. Five Commissioners participated at one point or another. A number of Commissioners of the African Commissioners or steered the discussion in the Special Interest Working Groups relevant to their mandates. This participation was noted and welcomed by all participants, which was a source of motivation.

The three-day activity was declared open by Hon. Commissioner Soyata Maiga, Special Rapporteur on the Rights of Women in Africa on behalf of the Chairperson of the African Commission on Human and Peoples’ Rights (ACHPR); The keynote address presenting an overview of the situation of human rights and democracy in Africa was delivered by Madame Souhayr Belhassen, President of the FIDH (International Federation of Human rights Leagues). Various representatives including the Attorney General and Minister of Justice, Mr. Lamin Jobarteh, who welcomed participants; A Representative of the NGO Forum Steering Committee – Mrs. Paulette Oyane-Ondo; and the Executive Director of ACDHRS made statements at the opening ceremony.  The occasion was chaired by Mr. Mohammed Mabassa Fall, Executive Committee Member, Governing Council, African Centre for Democracy and Human Rights Studies.

The programme was guided by the provisional agenda for the 51st  Ordinary Session of the African Commission circulated prior to this meeting and prepared in consultation with participants and the Secretariat of the African Commission respectively, with the aim to review and formulate strategies and recommendations on the following themes:

  • New Developments in the human rights and democracy situation in Africa:  The inaugural presentation by Madame Souhayr Belhassen highlighted the state of human rights and democracy in Africa as well as the rights of specific groups. She acknowledged the progress made by some states and noted the deterioration in others due to armed conflict, tribal wars, calamities and environmental degradation and failure in constitutional obligations. In the session that ensued, The Forum then concentrated much attention on the two countries whose country reports would be considered at the 51st Session, namely Sudan and Angola. Reports on Sudan, while praising an African Charter compliant country tolerant enough to allow a woman to run for the presidency, the voices remained equally critical of the continuing genocide and impunity in that country.  In a presentation supported by film footage, Angola was depicted as having made some positive strides especially developments in meeting the MDGs, the brutal suppression of the freedom of expression, freedom of association and the curtailment of freedom of information was a cause for concern as were severe violations of the rights of women.  Corruption and nepotism, it was pointed out, is a syndrome in both countries.  Diverse situations were raised, including legislations to muzzle freedom of the press and media and the hazardous situation of human rights defenders, among others.
  • Considering the conflicting array of news coming out of Mali, and the interest it has been stirring in Africa and beyond, The Forum was also briefed on the situation.  The worsening humanitarian crisis in that country torn in two with various rebel factions in the northern half struggling for independence while the other half is recovering from the rude shock of a coup d’état barely a month before elections which has tarnished the 20 years of democracy in that country. The need for humanitarian assistance was a matter of urgency as famine is creeping in that Sahelian landlocked country.
  • Guinea Bissau was also reviewed in the aftermath of its inconclusive elections. Other issues of concern and raised included the rising unrest of the Boko Haram sect in Nigeria; the increase in violent repression of non-violent demonstrations in many African countries including Tunisia;  the developments following the Arab Springs; forthcoming elections, especially Egypt; repressive laws and pending bills before parliaments against people of different sexual orientation and gender identities particularly in Cameroon, Liberia, Malawi and Uganda; the situation and growing impunity in some countries including DRC, Burundi and Somalia, among others
  • Thematic special interest groups reviewed the situation relating to Refugees and Internally Displaced Persons; Minorities and Indigenous Persons; Women and Children; the Death Penalty. Human Rights Defenders; the International Criminal Court; Torture; the African Court; the International Criminal Court; and Freedom of the Press; Torture; Prison conditions and many others as well as proposed strategies for effective networking and participation in the African Commission.
  • In reviewing the positive developments best practices were show cased.  Women and property rights were highlighted, with an emphasis on ownership rather than just possessory rights.  Beneficiaries of the project have made strides in Ghana, Cameroon, Nigeria and Tanzania and elsewhere in interventions providing legal aid as well as making the linkages between knowledge, ownership and HIV/AIDS.  It was noted however, that in spite of much success, sustainability after donor withdrawal remains a challenge faced by a number of the grantees.
  • Another best practice was the operationalisation of UN Resolution 1325 as an ideal mandate for the participation of women in the political process and the example of the ‘Situation Room’ as a tool that has trained women to take their place in the electoral processes was also shared reinforcing advocacy for greater involvement of women in the electoral process successfully implemented in Liberia and Senegal. However, the challenge of meeting the quota for women’s representation remained.
  • In continuing the celebration of 100 years of women’s rights advocacy, The Forum highlighted many other developments including discussion on reproductive health and rights centred around Article 14 (1) (e) and (d) of the Protocol on the Rights of Women in Africa.
  • Emphasis was also made on the need to further develop advocacy strategies for the universal ratification and implementation of the Protocol to the African Charter on the Rights of Women in Africa as well as the African Charter on Democracy, Elections and Governance. 
  • The intersection between HIV/AIDS and human rights promoted the use of the Protocol as one of the main tools to address this endemic was reviewed bearing in mind the fact that women suffer much more than men under the scourges of this pandemic, especially under a climate of violence against women.
  • The disturbing situation of human rights defenders was brought to the fore with the viewing of a poignant film show on “The Chebeya Affair : A State Crime” a chronicle of an exceptional trial and fascinating political thriller about the work and death of Floribert , Chebeya, the late human rights activist from the Democratic Republic of Congo.
  • The Forum discussed in depth the issue of Freedom of Expression and Access to Information led by the African Platform on Access to Information campaign. Rooted in the provisions of Article 19 of the Universal Declaration of Human Rights, Article 9 of the African Charter on Human and Peoples’ Rights, Article 4 of the Declaration of Principles on Freedom of Expression in Africa and the Windhoek Declaration on Press Freedom. It was worthy to note that 18 AU member states provide constitutional guarantees to access to information. The Forum was urged to endorse the need for governments and relevant bodies to advance the right of access to information.
  • Furthermore, discussion on state broadcast systems taking into consideration the values entrenched in the Declaration of Principles on Freedom of Expression in Africa revealed that reform has been slow. The call was therefore raised for the urgent transformation of public broadcasters to unfettered systems free from political interference and governed by independent boards answerable to parliaments. Access, it was opined, is no longer a media or journalism matter but is about human rights.
  • The intersection between human rights violations and extractive industries in Africa was revisited in greater depth during this session. Presentations highlighted the environmental challenges, safety, security and the sometimes corrupt collusion with states and non state parties as well as customary law and the need to consider reparation for damage to land and society. It is evident that capitals where diamonds are mined have the poorest neighbourhoods and worst quality of lives. The Forum requests the African Commission to urge states and the international community to address the situation by developing and or harmonising legislation to reflect rights and environmental protection as well as other accountability and monitoring mechanisms in collaboration with human rights groups. In the same vein, it was also agreed that reparation should be given much attention.
  • In line with the objectives of the Networking for Human Rights in Africa session, which was geared towards the provision of more information between the three main partners i.e. the African Commission; States; and Civil Society, in the development and maintenance of an effective human rights community, the Forum was updated on some of the advocacy interventions by civil society at the UN Human Rights Council in three main areas of interest to the Forum, namely the case of Eriteria, Libya and LGBTIs.  A degree of success was registered in all three cases.
  • Opportunities for networking and collaboration continue to be at the core of Forum. It was therefore worthy to note that networking and collaboration continues to be one of the objectives of the Forum. Relationships among civil society and between civil society and other partners especially the African Commission were examined to consolidate on the strategies for effective collaboration between these groups with a common goal of promoting and protecting human rights in Africa. Civil Society access to support and collaborate with this network among others was revisited and shared among participants. Consultations were held to enhance the development of the Defending Civil Society toolkit developed by World Movement for Democracy seeking to address principles that enhance the observance and respect of human rights defenders in a bid to collect and share various tips and inputs for the sharing of information.

As is usual, the sessions were well attended and characterised by a dynamic and interactive participation coupled with a sense of purpose as well as constructive exchanges of information, experiences and expertise. Participants approached their work with much determination, energy and objectivity. We recognized and applaud the progress made by the African Commission and its mechanisms to ensure the effective promotion and protection of human rights in Africa.

The Forum on the Participation of NGOs in the Work of the 51st Ordinary Session of the African Commission on Human and Peoples’ Rights was declared closed by the Chargée d’Affaires of the European Union Mission in the Gambia, Madame Agnés Guillaud. The Representative of the Commissioner for Political Affairs, Dr. Salah Hammad gave an update on the development of the Human Rights Strategy for Africa, the Africa Governance Architecture; the Africa Governance Platform and the Year of Shared Values. Other speakers included H.E. Mrs. Catherine Dupe Atoki, Chairperson of the African Commission and Mr. Mohammed Mabassa Fall on behalf of the Chairperson of the African Centre for Democracy and Human Rights Studies; Mr. Abdoul Gadiry Diallo, a member of the NGO Forum Steering Committee. The vote of thanks was made by Sister Gertrude.

On behalf of the Forum, Resolutions and Recommendations have been formulated and will be forwarded, to the African Commission for their kind consideration. The Forum took the liberty of reviewing some of these resolutions and recommendations from the previous Forum. They will also be shared with all interested partners.

It is worthy to note that all the recommendations and resolutions below were adopted unanimously by consensus except for the one on Refugees and Migrants which was put to the vote:

1. Thematic Resolutions

TRES/001/4/12 – Economic, Social and Cultural Rights

TRES/002/4/12 – Access to Information in Africa

TRES/003/4/12 – Freedom of Expression and Protection of Journalists in Africa

TRES/004/4/12 – Freedom of Expression in Somalia

TRES/005/4/12 – HIV/AIDS

TRES/006/4/12 – Human Rights Defenders (only in french)

TRES/007/4/12 – Older Persons and People with Disabilities

TRES/08/4/12 – Police and Human Rights

TRES/009/4/12 – Refugees, Asylum Seekers and Internally Displaced Persons

TRES/0010/4/12 – Reproductive Health Rights of Women

TRES/0011/4/12 – Sexual Orientation and Gender Identity

2. Thematic Recommendations

TREC/001/4/12 – Death Penalty in Africa

TREC/002/4/12 – Freedom of Expression and Protection of Journalists in The Gambia

TREC/003/4/12 –  Prisons and Conditions of Detention in Africa

TREC/004/4/12 – Torture

3.  Country Resolutions

CRES/001/4/12 – Angola

CRES/002/4/12 – Malawi

CRES/003/4/12 – Mali (only in french)

CRES/004/4/12 – Somalia

CRES/005/4/12 -  Sudan

4. Declaration:

Natural Resources Management

5. Letters

Letter regarding the human rights situation in Eritrea

Letter regarding the recommendations of the International Commission of Inquiry on Libya

ACDHRS, April 2012 – Banjul, The Gambia

TRES/004/4/12: Resolution on Freedom of Expression in Somalia

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

Recognizing that the effective exercise of the right to freedom of expression is an important indicator of the level of protection of other human rights and freedoms, bearing in mind that all human rights are universal, indivisible, interdependent and interrelated;

Emphasizing that freedom of expression is a fundamental human right guaranteed on the one hand by Article 9 of the African Charter on Human and Peoples’ Rights, and on the other hand, by the Universal Declaration of Human Rights (in particular, in its Article 19), the International Covenant on Civil and Political Rights (in particular, in its Article 19) and other treaties, resolutions, international instruments and national constitutions;

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 Somalia is a state party and that as a state party Somalia 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;

Welcoming regional and international efforts to restore peace, and stability in Somalia, and to combat impunity, to uphold fundamental human rights and to hold accountable individuals accused of planning, executing, condoning or encouraging the commission of human rights abuses;

Concerned that the Somali people are denied their fundamental human rights and dignity as enshrined in African Charter of Human and People’s Rights and other international human rights mechanisms;

Noting that violence in Somalia remains a powerful influence that enforces a culture of silence and impunity as the violence and fear of violence affects the work of journalists and the enjoyment of freedom of expression and fundamental human rights;

Deeply concerned that violations of the right to freedom of expression continue to occur, including increased attacks directed against, and killings of, journalists, and stressing the need to ensure greater protection for all journalists;

Apprehensive of the grave reality that Somalia is the most dangerous place in Africa today for journalists and other media workers, and that since January 2012 four journalists have been killed in targeted attacks;

We call upon the African commission to do the following:

  • To urge the Somali authorities and international community to establish and     support an independent commission of enquiry or alternative independent      mechanism to conduct thorough and independent investigations into all instances of violence and threats of violence against Somali journalists, including soaring cases of murder, and bring those responsible to justice;
  • To condemn criminal acts against journalists and the right of freedom of     expression, and take appropriate actions to end the hostility to independent media    and to hold the violators of journalists rights accountable.

Done in Banjul – 16th April, 2012

 

TRES/003/04/12: Resolution on Freedom of Expression and Protection of Journalists in Africa

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

Conscious that Freedom of Expression plays a vital role in the effective enjoyment of all other human rights and conscious that the assuring safety and security of journalists forms an integral part of the protection of the rights to information

Horrified by the killing of four journalists in Somalia these last five months

Denouncing the increasing of physical attacks of journalists/media houses by both state agents and non-state agents in African state like Tunisia, Guinea Conakry, Angola, Sudan, Senegal, Mali, Guinea Bissau

Noting that these physical attacks are systematic in critical periods or situations such as of electoral campaigns, demonstrations, coups, etc.

Concerned by the persistence of lawsuits against journalists affiliated and human rights activists in most African countries as it is the case in Côte d’Ivoire, The Gambia, in Zimbabwe

Noting that these lawsuits are favoured by the existence in these countries of inadequate legal frameworks touching to freedom of expression and access to information

Further concerned by the prevalence of illegal arrests and detentions of journalists on the continent, namely in The Gambia, Côte d’Ivoire and in Eritrea where 32 journalists are still in jail with some of them reported dead

Noting that journalists continue to be seriously threaten, discredited, humiliated or impoverished in relation to their work by the state machinery using comprehensive systems to weaken or suppress independent journalism as it is the case in Ethiopia and Burundi where terrorism charges are used against journalists; in Sudan with the government security agents systematically raided private media houses after publication and confiscated large publication forcing these media houses to lose lot of revenue while at the same time prosecuting journalists . In the same vein the government is also buying out some of the private media, with a mission to entirely change the editorial line and focus. Journalists are specifically targeted and attacked with impunity while covering demonstrations.

Recalling the 2002 Declaration on Principles of Freedom of Expression and Access to Information in Africa and previous resolutions, particularly the 2011 resolution on freedom of expression, access to information and protection of journalists

We recommend the African Commission to:

  • To follow up on the effective application of the Declaration and resolutions by facilitating country visits of the Special Rapporteur on FoE/AI in the countries mentioned
  • To urge African states to stop killings, physical attacks, malicious and illegal lawsuits against journalists as well as the any other machinery geared towards the suppression of freedom of expression
  • To urge African Union member States to engage in transforming state broadcasters into independent public media that are free from any type of interference
  • To urge African states to adopt access to information laws

Done in Banjul- 16th April, 2012

TRES/002/4/2012: Resolution on Access to Information in Africa

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

Remembering the 1991 Windhoek Declaration on Promoting an Independent and Pluralistic African Press and viewing the significant progress that has been made in the past 20 years on freedom of expression, access to information and the free flow of information;

Stating that Access To Information (ATI) is the right of all natural and legal persons, which consists of the right to seek, access and receive information from public bodies and private bodies performing a public function and the duty of the state to prove such information;

Emphasising that access to information is an integral part of the fundamental human right of freedom of expression, essential for the recognition and achievement of every person’s civil, political and socio-economic rights, and as a mechanism to promote democratic accountability, good governance;

Acknowledging that access to information is instrumental to fostering access to education and health care, gender equality, children’s rights, a clean environment, sustainable development and the fight against corruption;

Recalling Article 19 of the Universal Declaration of Human Rights of 10 December 1948, which guarantees that: “Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers”, Article 19 of the International Covenant on Civil and Political Rights and the UN Human Rights Committee General Comment No. 34 adopted in 2011 which states that Article 19(2) of the ICCPR includes the right of access to information held by public bodies, and Article 1.2 of the UNESCO Constitution;

Underlining Article 9 of the African Charter on Human and Peoples’ Rights adopted by the Organisation of African Unity (OAU) on 27 June 1981, which provides that, “Every individual shall have the right to receive information”;

Reaffirming Article IV(1) of the Declaration of Principles on Freedom of Expression in Africa, adopted by the African Commission on Human and Peoples’ Rights at its 32nd Ordinary Session held in October 2002, which provides that “Public bodies hold information not for themselves but as custodians of the public good and everyone has a right to access this information, subject only to clearly defined rules established by law”;

Cognisant of the African Union Convention on Preventing and Combating Corruption, the African Charter on Values and Principles of Public Service and Administration, the African Charter on Democracy, Elections and Governance, the African Youth Charter and the African Statistics Charter, all of which promote transparency in public life.

Welcoming the efforts of the African Commission on Human and Peoples’ Rights Special Rapporteur on Freedom of Expression and Access to Information in developing a Model Law for AU Member States on Access to Information, aimed at assisting Member States in formulating, adopting or reviewing access to information legislation and its implementation;

Mindful of the efforts of international organisations and others to develop principles and declarations on the right of access to information and freedom of expression including the 2010 Brisbane Declaration “Freedom of Information:  The Right to Know”, the Atlanta Declaration and African Regional Findings, the Accra Agenda for Action, the Lagos Declaration on the Right of Access to Information, the Johannesburg Principles on National Security, Freedom of Expression and Access to Information, and the Declaration of Table Mountain;

Aware that the World Summit on the Information Society (WSIS) brought to the forefront the importance of access to information in the modern world through the Geneva Declaration of Principles and Tunis Commitment and that the Internet Governance Forum (IGF) plays a crucial role in bringing together all of the stakeholders to facilitate an international internet governance debate that includes issues of access and openness;

Recognising the work of the African Union Commission to give practical expression to the various instruments of the African Union on freedom of expression and access to information, through such initiatives as the Pan African Media Network and portal, the new AU website, social networks, the media centre, training programmes, ensuring media access to the AUC leadership, and publication of other information materials among others; as well as its efforts in promoting Information and Communications Technology (ICTs) in Africa;

Encouraged that over 90 countries around the world have adopted comprehensive national access to information laws or regulations including ten in Africa; that many countries in Africa have joined the Extractive Industries Transparency Initiative, the International Aid Transparency Initiative and the Open Government Partnership; and that the Economic Community of West African States is moving towards adoption of a binding Supplementary Act for a Uniform Legal Framework on Freedom of Expression and Right to Information;

Concerned that most African nations have not yet adopted comprehensive ATI laws or regulations and that significant problems remain with both the substantive provisions of many of those that have adopted laws and the full implementation of the laws;

Acknowledging that civil society organisations and government bodies around the world have adopted 28 September as International Right to Know Day;

Convinced that it is of critical importance that clear and comprehensive principles are established to guide the promotion and protection of the right of access to information in Africa through the adoption and effective implementation of appropriate national laws and regulations;

We confirm resolutions of the NGO Forum and call upon ACHPR to:

  • Endorse the African Platform and Access to Information (APAI) Declaration
  • Pass a resolution authorizing the ACHPR Special Rapporteur on Freedom of Expression and Access to Information in Africa to expand Part IV of the Declaration of Freedom of Expression in Africa to include principles of the APAI Declaration
  • Urge ACHPR state parties to adopt national Access to Information laws based on APAI Declaration
  • Pass a resolution requesting the African Union Summit of January 2012 to:
  1. adopt September 28 International Right to Information Day
  2. initiate an Experts meeting to develop a continental wide instrument on the Right of Access to Information.

Done in Banjul – 16th April, 2012

 

CRES/002/4/12: Resolution on Malawi

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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

Recognizing, the orderly transfer of power to the new leadership in Malawi, after the sudden death of President Mutharika

Commend, the commitment shown by all political and state security actors in Malawi for respecting the constitution and its dictates on the issue of succession of national leadership, process and procedure and maintaining peace and stability in the midst of the brief power vacuum, which emerged between 5-10 April 2012

Asserting the African Charter for Human and Peoples’ Rights (adopted 27 June 1981and reflecting on the prescribed articles: article 3- equality before the law and protection by the law; article 4- respect for human life; article 6- right to liberty; article 7- right to be heard and presumption of innocence until proven guilty; article 9: right to receive information and express and disseminate such information with thin the law; article 10- freedom of association; article 11- freedom of assembly; article 12- freedom of movement;

We call the African Commission on Human and Peoples’ Rights to urge the government of Malawi to do the following:

  • Investigate, the murder of 20 innocent civilians who were gunned down in July 2011, by the police for simply exercising their rights of freedom of expression and right to be heard
  • To probe, the circumstances that led to the murder of Robert Chasowa a university student
  • To immediately publicise the autopsy report of the 20 innocent lives that were lost on 20 July 2011
  • Set up a Coroner’s Inquest to establish the facts leading up to the unnecessary loss of life on 20 July, as well as on 24 September 2011 and take the necessary measures to end impunity and hold the perpetrators of human rights violations accountable
  • Make strong recommendations for justice, peace and reconciliation so that impunity does not go unpunished
  • To repeal the injunction bill, which impinges on the right to legal remedy as enshrined in the Constitution of Malawi and other regional, continental and international treaties.
  • Repeal all other laws that infringe on the freedom of expression in Malawi
  • Commit to transform the Malawi national broadcaster from a state controlled entity into a truly public broadcaster, independent of political interference and serving the interest of the public

Done in Banjul – 16 April, 2012

 

CRES/001/4/12: Resolution on Angola

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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

Deeply concerned about the bad human rights record in Angola, the repressive laws to restrict operations, performance and activities of human rights organizations, the media, the press and journalists, which contradict commitments and obligations on the African Charter

Concerned about the lack of democratic participation of the citizens and consultations in the processes of development in the country.

Concerned that organizations working on the African system of human rights were not consulted in the preparation of the state report presented by the government of Angola at 51st session of the African Commission.

We call upon the African Commission on Human and Peoples’ Rights to urge the government of Angola to do the following:

  • Comply with its obligations under the ACHPR and the Angolan Constitution to end impunity, arbitrary detention, torture and harassment of citizens participation in democratic processes, including marches, demonstrations and picketing
  • Respect Article 11 of the ACHPR which guarantee freedom of expression, freedom of the press, internet media, right to assembly and association
  • To implement the law enacted in 2006 guaranteeing freedom of the press and protection of journalist and HRDs
  • To implement Art 22 of the ACHPR to ensure indigent communities benefit from national strategy addressing poverty
  • To ensure the rights of the Khoisan population are respected in all spheres of society and benefit from the national developmental programmes
  • To end illegal demolitions of properties of indigent population, including women, children, elderly, people with disability and compensate the internally displaced people according to provisions of the Charter and law
  • Speed up the process of creation and establishment of National Human Rights Institutions according to Article 26 of the ACHPR

 

Done in Banjul – 16 April, 2012

 

 

TREC/001/4/12: Recommendation on Freedom of Expression and Protection of Journalists in The Gambia

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

Conscious that Freedom of Expression plays a vital role in the effective enjoyment of all other human rights and conscious that the assuring safety and security of journalists forms an integral part of the protection of the rights to information

Noting with sadness that the State of The Gambia continues to regulate freedom of expression and access to information in the country by means of a legal framework made of laws (official secrets act, media laws, criminal code with offences of sedition, false information, defamation, etc.) that fail to meet international applicable standards as well as the Gambian constitution

Drawing the attention of the Commission to the blocking of internet news sites by the government in the Gambia

Deeply concerned by the fact that The Gambia does not have in its current cabinet a Minister in charge of information whose role is vital in the effective implementation of freedom of expression and related rights

Recalling previous Resolutions of the African Commission on Human and Peoples’ Rights relative to the situation of freedom of expression and the protection of journalists in The Gambia, particularly Resolution No. ACHPR/Res. 134 (XXXXIV) 2008 adopted at its 44th Ordinary Session held in Abuja, Nigeria, from 10 to 24 November 2008 and the 2011 Resolution on freedom of expression, access to information and Protection of journalists in Africa (ACHPR/Res.178 (XLIX) 2011)

Appalled that while recommendations made to the Gambia by the African Commission on Human and Peoples’ Rights have yet to be addressed by the State of The Gambia, violations of freedom of expression have unfortunately amplified in scope, type, nature and number despite the fact that this country hosts the primarily human rights monitoring body in Africa,

We urge the African Commission to:

  • Appeal to The Gambia Government to urgently engage in a comprehensive media law reform  by repealing all draconian laws, especially the criminal defamation, false news and sedition provisions to comply with the Declaration of Principles on Freedom of Expression in Africa;
  • Grant access to  the Special Rapporteur on FoE/Access to Information in Africa to visit The Gambia and proceed on a fact finding mission and dialogue with all the stakeholders;
  • Urge the Government of The Gambia to immediately release Chief Ebrima Manneh; and
  • Conduct an independent and impartial enquiry on the murder of Deyda Hydara.

Done in Banjul – 16 April, 2012

TRES/008/10/2011: Resolution on Transformation of State Controlled Broadcaster into Independent Public Broadcasters

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

Deeply concerned that out of the 54 members states, only one can claim to have a truly independent broadcaster (South Africa)

Recalling the International Convention on Civil and Political Rights (enacted by the UN in 1966), which emphasizes rights of individuals to hold opinions without interference, individual’s right to seek, receive and impart information, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of choice;

Recalling Article 9 of the Windhoek Declaration (General Assembly of UNESCO in 1991) declaring that an independent pres free from government control and manipulation, that is pluralistic and free is established and maintained;

Noting with satisfaction that the Declaration of Principles on Freedom of Expression in Africa (adopted by the African Commission on Human and Peoples’ Rights in 2002) clearly interprets the rights of freedom of expression outlined in the African Charter on Human and Peoples’ Rights (adopted on 27 June 1981), focusing on public broadcaster in Africa, specifically article VI:

State and government controlled broadcasters should be transformed into public service broadcasters, accountable to the public through the legislature (parliament/national Assembly) rather than government (executive), in accordance with the following principles:

  • Public broadcasters should be governed by a board which is protected against interference, particularly of a political or economic nature;
  • The editorial independence of public service broadcasters should be guaranteed;
  • Public broadcasters should be adequately funded in a manner that protects them from arbitrary interference with their budgets;
  • Public broadcasters should strive to ensure that their transmission system covers the whole territory of the country; and
  • The public service ambit of public broadcasters should be clearly defined and include an obligation to ensure that the public receive adequate, politically balanced information, particularly during election periods.

Hereby call on the African Commission to urge AU Member States to :

  • Enact adequate and relevant legislation that will transform state broadcasters, which are maintained by taxpayers’ money, into independent public broadcasters free from government control and executive interference
  • Encourage and ensure that autonomy and independence of media and communications regulatory bodies is guaranteed
  • Encourage their Parliaments to take initiative and assert their mandate as oversight institutions and scrutinize the public broadcaster to ensure that appointment procedures of the broadcaster’s board and top management is transparent and that the editorial, funding, programming, and administrative independence is vigilantly guarded
  • Encourge and support civil society, trade unions, faith and community based organizations to form an ‘Alliance for Broadcasting Reform in Africa’ with the aim of attaining the transformation objective of turning state broadcasters into public broadcasters within the shortest possible time
  • Expunge all media laws that impinge on freedom of expression, an which contravene continental treaties, norms and standards, with the aim of cultivating a culture of open government aimed at deepening democracy
  • Enact Access to Information legislation as enshrined in the respective African Union protocols, treaties and charters, most recent of which is the Charter on Public Services
  • Develop and communicate with the citizenry a clear roadmap towards the 2015 deadline towards digital migration

 

Done in Banjul – 21st October, 2011