Tag Archives: International Human Rights Law

Scholarships available for Masters in Human Rights Law at Oxford University

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The ACDHRS is very pleased to share information from the Centre for Human Rights that admissions are now open for five scholarships for candidates from African Commonwealth countries to study for the part-time Masters in International Human Rights Law at the University of Oxford, starting September 2013.

The course website can be found at http://humanrightslaw.conted.ox.ac.uk/MStIHRL/admissions/index.php and
details about the scholarships, including eligibility criteria and how to apply, can be found on the Fees and Funding pages at
http://humanrightslaw.conted.ox.ac.uk/MStIHRL/fees/index.php

More information is also attached here in two PDF files. It is advised to read the instructions carefully and take particular note of the instruction: DO NOT SUBMIT YOUR APPLICATION DIRECTLY TO OXFORD UNIVERSITY, but rather to the Centre for Human Rights at the address provided.

Publicity Memo for the Scheme

Scholarship Guidance Notes

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

 

TRES/001/4/2012: Resolution on the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights

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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

Recalling the ACHPR’s mandate to promote and protect human and peoples’ rights in Africa pursuant to the African Charter on Human and Peoples’ Rights (the African Charter);

Recalling that economic, social and cultural rights are protected by the African Charter;

Recalling that economic, social and cultural rights are also protected by the African Charter on the Rights and Welfare of the Child, the Protocol to the African Charter on Human and People’s Rights on the Rights of Women in Africa as well as by international instruments ratified by many African States and in particular the International Covenant on Economic, Social and Cultural Rights;

Recalling the ACHPR’s Resolution ACHPR/Res.73 (XXXVI) 04 establishing a Working Group on Economic and Social Rights adopted at its 36th Ordinary Session, held from 23 November to 7 December 2004 in Dakar, Senegal;

Considering the ACHPR’s Principles and Guidelines on Economic, Social and Cultural Rights

Considering the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights adopted on 10 December 2008;

Concerned with the lack of realization of economic, social and cultural rights across the African continent as well as with the lack of appropriate mechanisms at the national level to protect economic, social and cultural rights;

Acknowledging the challenges and constraints that preclude the full realization of economic, social and cultural rights in Africa;

The Forum for the participation of NGOs, calls on the ACHPR to adopt a resolution urging:

  • States parties to the African Charter that have not done so to ratify the International Covenant on Economic, Social and Cultural Rights ;
  • States to ratify the Optional Protocol to the ICESCR ;
  • States to take immediate steps, individually and through international assistance and cooperation, to the maximum of their available resources to respect, protect and fulfil their obligations under these instruments.

Done in Banjul –16th April, 2012

 

 

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

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Statement By: Mrs. Hannah Forster, Executive Director, African Centre for Democracy and Human Rights Studies and Chairperson of the NGO Forum Steering Committee, on Behalf of Participants of the Forum of NGOS at the Official Opening of the 50th Ordinary Session of the African Commission on Human and Peoples’ Rights, 24th October, 2011, Sheraton Gambia Hotel Resorts and Spa, The Gambia.

Honourable Attorney General and Secretary of State for Justice and National Assembly Affairs representing the Republic of The Gambia;
My Lord, Chief Justice of The Republic of The Gambia;
My Lord, Justices of the Republic of The Gambia;
Honourable Members of the National Assembly;
Honourable Ministers,
Dr. Salah Hammad, representing H.E. Mrs. Julia Dolly Joiner, Commissioner, Department for Political Affairs of the African Union Commission;
Your Excellencies, Madam Chairperson, Vice Chairperson and Members of the African Commission on Human and Peoples’ Rights (ACHPR);
Representatives of the African Court on Human and Peoples’ Rights,
My Lord, Chief Prosecutor of the International Criminal Tribunal for Rwanda;
Your Excellencies, Members of the Diplomatic and Consular Corps;
Distinguished Executive Members of the Governing Council of the African Centre for Democracy and Human Rights Studies (ACDHRS);
Distinguished State Representatives;
Venerable Religious and Traditional Leaders;
Representatives of National Human Rights Institutions;
Representatives of National and International NGOs;
Representatives of the Press;
Distinguished Ladies and Gentlemen;

All protocols respectfully observed

It is with pleasure and with a great sense of humility that I stand before this distinguished gathering of the African human rights community, charged with the responsibility to give a statement on behalf of all my colleagues of the Forum of NGOs in work of the 50th Ordinary Session of the African Commission on Human and Peoples’ Rights.

On behalf of the African Centre for Democracy and Human Rights Studies (ACDHRS); The NGO Forum Steering Committee; all the participants of the NGO Forum, and indeed on my own behalf, I wish to thank the Chairperson and Members of the African Commission for affording us this opportunity, once again.

Your Excellencies, Distinguished Ladies and Gentlemen

The Forum wishes to also express our gratitude to the Government and people of The Gambia for their hospitality, in facilitating the activities of the 50th Ordinary Session and to reiterate the appreciation of the participants of the Forum of NGOs for the warmth afforded them since their arrival. The Forum would also wish to acknowledge the consistency demonstrated in hosting the African Commission sessions.

Your Excellencies, Distinguished Ladies and Gentlemen,

The Forum on the Participation of NGOs in the 50th Session of the African Commission on Human and Peoples’ Rights, commonly referred to as the NGO Forum was held from the 19-21 October, 2011 a few days before the commencement of this historic Session of the Commission.

Noting that this year is an important one for human rights in Africa, and considering that the Banjul Charter is 30 years old this year, while the Commission is 25 years, the Forum adopted the theme ‘30 years of the African Charter on Human and Peoples’ Rights’.

The Forum noted that while Africa has seen significant and positive developments in the human rights and democracy situation on the continent, it is worthy to observe an improvement in the respect for human rights, good governance and the rule of law. In its wake, the African Charter has seen the formulation, adoption, ratification, domestication and implementation of numerous instruments; decisions and mechanisms to match this growing tide. Moreover, we are all here today, witnesses at this momentous golden jubilee session of the African Commission and would like to take this opportunity to congratulate Her Excellency, the Commissioner for Political Affairs, Mrs. Julia Dolly Joiner; the Chairperson and Members of the African Commission; the Secretary and Members of the Secretariat; all State Parties and indeed the people of Africa for whom this instrument was developed.

The role of the African Union in strengthening the continental framework to promote and protect human and peoples’ rights in Africa has spurred the pursuit of human rights which has become an integral responsibility, by ensuring that the Human Rights Strategy for Africa is at the heart of the African Governance Architecture.

The increased involvement of civil society organisations in these processes are exemplary and commendable and have indeed gone a long way to enhance partnerships and promote ownership of the various processes by the African people.

While applauding these developments, the Forum asserted that Africa continues to face serious human rights challenges characterised by conflict, insecurity and violence. Poverty, disease, internal political strife, resulting in the taking up of arms by rebel groups, arbitrary detention and extrajudicial killings continue to bring hardships to the majority of citizens of the affected countries, especially the women and children. The Rwanda genocide remains a constant reminder on the extent to which unrestrained lawlessness and lack of commitment to early warning can lead to unwarranted loss of life, property and above all dignity.

The full report of the Forum together with the adopted resolutions and recommendations will be forwarded, for the kind consideration of your august body, as our contribution to your deliberations at the 50th Session. Allow me, distinguished ladies and gentlemen, to highlight and share with you some of the concerns and evolving issues raised during the Forum.

Instances of serious violations of human rights and international humanitarian law in varying degrees were cited particularly in the Democratic Republic of Congo (DRC); Egypt; Guinea Conakry; Malawi; Mauritania; Nuba Mountain and Sudan.

The Forum received reports of escalating physical violence and verbal abuse on journalists and human rights defenders; impunity of the armed forces that have committed violations of international human rights law as well as violations of human rights violations as the DRC prepares for elections next month.

The African Commission is urged to call on the authorities, to among other things, guarantee the independence of the institutions charged with the management of the elections at all stages of the process and to encourage the relevant authorities respect their constitutional provisions and international obligations.

It was observed that in Egypt, while the state of emergency is yet to be lifted, trials of civilians before military courts has continued unabated since January 28, 2011, causing much concern. Furthermore, severe infringements on freedom of peaceful assembly, leading to extra-judicial killings and acts of violence against protesters continue to take place.

In Guinea Conakry, the Forum was concerned by the brutal repression and use of force on opposition parties during a protest march against the composition of the National Independent Electoral Commission and the prevailing circumstances surrounding the organisation of legislative elections.

In Malawi, the deteriorating of the rule of law, abuse of executive power, erosion of human rights and academic freedom, among other violations. On July 20, 2011 protesters, mostly civilians, were met with bullets and batons during a peaceful protest march, resulting in the death of a University student, Robert Chasowa. It was also reported that the intimidation and harassment of civic leaders, human rights defenders and academics continues unabated. The Forum urges the abovementioned States to ensure that the perpetrators do not go unpunished.

The Forum recognised and applauded the African Union’s firm stance against undemocratic and unconstitutional change but draws attention to emerging moves referred to as the ‘new forms of coup d’etats’ characterised by constitutional amendments to legalise extended terms of office by incumbents, the latest being witnessed in Senegal, in the wake Uganda, Nigeria, among others. We, therefore, applaud the work done by the African Union and its partners towards the development, adoption, ratification and implementation of the African Charter on Democracy, Elections and Governance (The African Democracy Charter), a useful tool in the promotion and protection of democracy. We sincerely request the African Commission to urge States that have not ratified to consider doing so and thereby expedite its entry into force.

Consequently, we would request the African Commission to adopt a resolution publicly condemning all violations of international human rights and humanitarian law committed by all persons in all conflicts in Africa and to work with the African Union in their resolution.

While it was recalled that a good number of African countries will go to the polls within the next 12 months, the Forum called on the African Commission to urge relevant authorities in such countries to ensure the organisation of free and fair elections. The international community is urged to support civil society participation in these forthcoming elections.

Distinguished Ladies and Gentlemen

There is no doubt, that the violations in some of these countries already indicate warning signs of deterioration in the system. We further urge the Commission to propose concrete steps to ensure the resolution of these aforementioned conflicts.

Similarly, the human rights situation in countries like Zimbabwe has not ceased to attract the attention of the Forum, particularly in the review of housing as a human rights and more specifically at forced evictions. The need to provide aid and protection to the victims of the forced evictions and demolitions was reemphasised.

The suppression of freedom of the press continues to be the order of the day on our continent with formulation of draconian laws, harassment, intimidation, killings and arbitrary detention.

Your Excellencies, Distinguished Ladies and Gentlemen,

Although the situation of Human Rights Defenders on the continent continues to be very hazardous, we are heartened by the appointment of a Special Rapporteur for Human Rights Defenders in Africa to facilitate coordination and collaboration in this theme within the African Commission. The Forum wishes to express its satisfaction so far in working with this mechanism and urge the African Commission to provide sufficient resources for the maintenance of this mechanism to ensure greater impact.

The settling situations of refugees returning to Sierra Leone, Angola, and Liberia continue to bring some hope, however, we remain gravely concerned by some involuntary movements of refugees and internally displaced persons especially in countries where there have been long periods of displacement.

It is believed that in such situations, there is need to offer special protection particularly to women and girl children who often find themselves open to abuse as a result of break down in security. The Forum therefore, wishes to request the African Commission to urge States to ratify the Kampala Refugee Convention and thereby strengthened the legal framework dealing with refugees and internally displaced persons in Africa..

Moreover, it has been revealed that the use of torture and the application of the death penalty continue to be practiced in some States. We would wish to call on the African Commission to urge States to prohibit torture and to commit themselves to its abolition as well as condemn the death penalty. The promotion and use of the Robben Island Guidelines was highly recommended to States.

Distinguished Ladies and Gentlemen

The Forum continued to review the continuing depletion of Africa’s resources and the deterioration of the environment as a result of the lack of transparency in investments and corporate policy was also a preoccupation and the Forum has developed further strategies to address this theme. The need to revisit agreements between African countries and multi-laterals to ensure a fair and equitable sharing of profits realised from Africa’s resources cannot be emphasised.

The Forum also emphasised the necessity of popularising the various documents emanating particularly from the African Union and the African Commission to ensure that the messages contained therein reach our constituents – the African populace. The importance of human rights education was also underscored in view of the fact that despite that African Charter is 30 years old, many citizens of Africa are still not aware of its existence.

Your Excellencies, Distinguished Ladies and Gentlemen

On behalf of the participants, please allow me to reiterate the readiness of the NGO community to work with these mechanisms in the realization of their mandates. As partners in the process, we are committed to putting all our expertise and resources at the disposal of the African Commission in the realization of the various objectives.

Your Excellencies, Distinguished Ladies and Gentlemen,

Participants to the Forum of NGOs noted with satisfaction the entering into force of the African Court on Human and Peoples’ Rights, which provided the first step towards the tackling of impunity on our Continent and the consolidation of the Commission’s decisions. We would wish the African Commission to appeal to States, which have not ratified the Protocol, to speedily ratify and therefore enable the inevitable implementation of the Protocol to the Court, especially in relation to signing the Declaration which gives access to individuals and NGOs.

Distinguished Ladies and Gentlemen,

The entry into force of the Protocol to the African Charter relating to the Rights of Women in Africa indeed marked a major step in the promotion and protection of the rights of women in Africa and a tangible demonstration of successful collaborative work between the AU, the African Commission and human rights NGOs in Africa. We, therefore, wish to congratulate all the 31 countries that have ratified the Protocol but fervently hope that universal ratifications by other states would ensue shortly, in order to provide the much needed momentum to put into action gender equality in our various countries.

Your Excellencies, Distinguished Ladies and Gentlemen

While applauding the gender parity policy adopted by the African Union, which continues to make history and is a clear testimony of its dream for the women of Africa, the Forum urges States to replicate similar policies at the national level in conformity with the Solemn Declaration on Gender Equality in Africa.

Your Excellencies, Madam Chairperson and Members of the African Commission, Distinguished Ladies and Gentlemen,

We cannot conclude this statement without making mention of the wave of impunity that remains very poignant on the continent.

In the true spirit of the African Union’s Constitutive Act in which the Heads of State of Africa professed a ‘common vision of a united and strong Africa, energised by partnership between governments and all segments of civil society’, representatives at this Forum reaffirmed their commitment to the reinforcement of this partnership with the African Union and all its organs, not the least, the African Commission.

In the same vein, participants reiterated their readiness, particularly NGOs with Observer Status, to work in collaboration with the African Commission, and of course, the African Union, in the furtherance of human rights, good governance and the rule of law in Africa. It is heartening to observe the seriousness and commitment of participants in the preparations leading to their participation in this Session. Our passion is to witness much more change in the landscape and we are confident that with the unflinching support of the African Union all should be well.

The Forum, however, expressed concern over the constraints faced by the African Commission in the implementation of its mandate and would like to take this opportunity to launch an appeal to the international community to support the strengthening of this institution.

Your Excellencies, Distinguished Ladies and Gentlemen, on behalf of the participants of the NGO Forum, allow me to wish the Honourable Chairperson and all the Members of the African Commission fruitful deliberations and a successful golden jubilee Session.

Thank You.

HJF

ACDHRS-October 2011

 

Statement by Mrs Hannah Forster on behalf of Participants of the Forum of NGOs at the Official Opening of the 48th Ordinary Session of the ACHPR

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Forum on the Participation of NGOs in the 48th Ordinary Session of the African Commission on Human and Peoples’ Rights, 10th November 2010, Sheraton Hotel, Banjul, The Gambia

Honourable Attorney General and Minister of Justice of the Republic of The Gambia, Mr. Edward Anthony Gomez;

Your Excellency, Commissioner for Political Affairs, African Union Commission (DPA/AUC), Mrs. Julia Dolly Joiner;

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

Honourable Vice Chairperson and Members of the African Commission on Human and Peoples’ Rights (ACHPR);

Honourable President of the African Court on Human and Peoples’ Rights, Justice Gerard Niyungeko, and Member, Justice Modibo Tounty Guindo;

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

Mr. Musa Gassama, Special Representative of the Office of the High Commissioner for Human Rights, East Africa Regional Office;

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

Your Excellencies, Members of the Diplomatic and Consular Corps;

Honourable Salamata Sawadogo, Minister for Human Rights of the Republic of Burkina Faso;

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 Ministers;

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

As a representative of the NGO Forum Steering Committee, it is a privilege for me to stand before this august gathering, charged with the responsibility to deliver a statement on behalf of my colleagues of the Forum on the Participation in the 48th Ordinary Session of the African Commission on Human and Peoples’ Rights.  I would, therefore, on behalf of the NGO Forum Steering Committee and all 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

We would like to express our gratitude to the Government and people of The Gambia for their hospitality, in facilitating the activities of the 48th Ordinary Session and to reiterate the appreciation of the Forum of NGOs for the continued hospitality and warmth accorded 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 190 representatives from 32 African countries participated including 40 participants from Asia, Australia, 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 increasing trend of collaboration between state and non state actors for human rights in Africa was viewed as very positive.  It was also noted that the development of a human rights strategy for Africa as well as the launching of the African Women’s Decade 2010-2020 were indeed a step in the right direction.

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 48th Session.

Distinguished Ladies and Gentlemen

I would crave your indulgence, however, to present to you some 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. Full details are provided in the resolutions and recommendations emanating from the Forum.

The Forum reiterated the fact that many recommendations and resolutions sent to the African Commission are yet to receive attention.

In Burundi, Malawi, Rwanda and Uganda, among others, there are reports of continuing increased intimidation, harassment and homophobic attacks directed at people of different sexual orientation and gender identities. Access to justice is minimal or non-existent, while Lesbian, Gay, Bi sexual, Transgender and Intersex Women HRDs face the brunt of the violence most.  Another concern is the rejection of observer status to a group engaged in facilitating the work of LGBTI’s by your august body.

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

Consequently, we would wish to reiterate our request to the African Commission 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

The Forum would like to urge the African Commission to investigate all situations of violations with a view to propose and implement concrete steps to ensure the resolution of these situations of conflicts.  Furthermore, we request the African Commission to urge States to respect their international, regional and national commitments.

It was observed that suppression of the freedom of expression, opinion, assembly and the press remained a cause for concern on our continent with formulation of draconian laws, harassment, intimidation, killings and arbitrary detention.  The Forum agreed that the lack of independence of the judiciary contributed greatly to the aggravation of the situation. We thereby request the African Commission to express solidarity with all journalists living under extreme persecution and to urge States to abolish repressive laws while ensuring a conducive environment for the protection of journalists in Africa. The Forum also request The African Commission to urge States to respect the separation of powers to guarantee the independence of the judiciary and to adopt and endorse the Declaration of Table Mountain to repeal insult and criminal defamation laws in African countries.

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 the preparation of resolutions on countries with such disturbing prevailing circumstances relating to HRDs and to urge States to implement the UN Resolution on HRDs.

The situation of Women Human Rights Defenders remains a preoccupation and more attention should be taken to integrate and mainstream this special group into the work of namely the Special Rapporteur on Human Rights Defenders and the Special Rapporteur on the Rights of Women in Africa.

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. It was noted that illegal migration has indeed compounded the situation, not to mention the attendant criminalisation of migration.  The Forum sincerely hopes that States would speedily ratify and implement the African Union Convention on the Protection of Refugees and Displaced Persons, 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, was also raised.  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 African Commission is urged to include and provide access to these special group of persons to their sessions.

The deplorable situation of indigenous populations, was noted. 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 to 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. It is unfortunate that the Republic of Kenya is yet to implement the Commission’s ruling on relating to the Endorois community.

The Forum noted that challenges exist in the maintenance of prisons and places of detention and the use of torture in some States and hereby 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 to the systematic monitoring of prisons and places of detention as well as the use of torture.  We urge the Committee on the Prohibition of Torture in Africa (CPTA) to explore the possibilities for closer cooperation with the Sub Committee on the Prevention of Torture (SPT).

Although it was learnt that the increase in drug and sex related crimes have motivated some States to reinstate the death penalty, there is need to review alternative forms of punishment.  States are urged to respect the sanctity of life, to condemn the death penalty and to commit themselves to its abolition.

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.

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.  Furthermore, the African Commission is urged to take note of the legacy of the International Criminal Tribunal for Rwanda and to strengthen the mechanisms for the fight against impunity.

Distinguished Ladies and Gentlemen

The Forum reemphasised the necessity of popularising the various documents emanating particularly from the African Union Commission (AUC) and the African Commission (ACHPR) to ensure that the messages contained therein reach the African populace.  The importance of human rights education in enhancing the work of the AUC and ACHPR cannot be overemphasised and was also underscored by representatives of the Forum.  Consequently, the participants have recommitted themselves to work individually and collectively towards the achievement of this goal.

The Forum continued 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 like to reiterate its call for the African Commission to look into the issue of citizenship and nationality as many groups in Africa are increasingly being classed as stateless.   It should be noted that 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 are affected the most.

The African Commission is urged to work with its partners 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 Her Excellency, the Chairperson, particularly on the occasion of the launching of the 30th Anniversary of the adoption of the African Charter, for the many missions and achievements registered, 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.

In the same vein, we extend our best wishes to Mrs. Lucy Asuagbor on her recent appointment as a Commissioner of this great institution.  We wish her well in her new capacity.

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.

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 African Peer Review Mechanism process has been proposed.

Your Excellencies, Distinguished Ladies and Gentlemen,

Participants to the Forum of NGOs reiterated their satisfaction for the continuing elaboration process 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 Department for Political Affairs of the African Union Commission to campaign for its speedy ratification and implementation.

The Forum applauds the Department of Political Affairs of the African Union Commission in particular, for such an initiative. The participants while appreciating their involvement in the process, pledge their resolve to support the Department for Political Affairs of the African Union Commission, as it leads this process and assure them of our readiness to play our part.

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.

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 28 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. The recent launch of the African Women’s Decade was also lauded considering that it also provided an opportunity to review and redouble efforts to further the women, peace and security agenda.

The Forum reviewed the linkages between HIV/AIDS and the provisions of the Charter and its mechanisms and wishes to acknowledge that Violence Against Women is adequately covered in the African Women’s Protocol and there was need to consider the establishment of 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 the women and girls.  Furthermore, we request that the African Commission urge states to operationalize United Nations Resolutions 1325 and 1820, particularly in the development of their national plans 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.  The development of the Case Law Analyser by HURIDOCS on ACHPR cases and decisions held by the Institute for Human Rights and Development in Africa is indeed a good example of the complementary role of information management for the benefit of human rights individuals and institutions.

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

I would like to conclude by extending a plea from the Forum to the African Commission to reconsider its decision regarding the rejection of observer status to an organisation working on LGBTI issues and to provide more information on this case.  The Forum reiterates 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 48th session of the African Commission, allow me to wish you, Your Excellency, and all the Commissioners a successful session.

 

Thank You

HJF /ACDHRS


Resolution on the Situation in Somalia

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We, participants of Forum on the Participation of NGOs in the 47th Ordinary Session of the African Commission on Human and Peoples’ Rights (ACHPR),

Considering that Somalia is party to the African Charter on Human and Peoples’ Rights, has adopted all the international and regional instruments for the protection of human rights and humanitarian law ratified and domesticated by the former Democratic Republic of Somalia;

Welcoming the appointment of a government of unity through the UN-brokered Djibouti Peace Process, between the Transitional Federal Government (TFG) of Somalia and the Alliance for the Re-Liberation of Somalia (ARS) as a key step to a wider peace process that will include all parties involved in the conflict;

Deeply concerned by the continued violations of international humanitarian law notably the indiscriminate attacks on civilians and civilian areas and objects, use of human shields, arbitrary and targeted killings of civilians, torture, inhuman and degrading treatment and denial of access to medical treatment and food in internally displaced camps;

Deeply disturbed by the high levels of sexual and gender-based violence being carried out by all actors involved in the conflict;

Deploring the recent and continuing targeting and kidnapping of aid workers rendering it particularly difficult for these groups to carry out their vital work;

Condemning the involvement and responsibility of all actors involved in the conflict, notably the TFG and ARS forces, and the insurgents, especially Al-Shabab, in the deteriorating human rights situation;

Deeply concerned by the lack of accountability for past and present violations and abuses of human rights and international humanitarian law, clearly exacerbating the conflict;

Concerned by the alleged implications of the AMISON peacekeeping troops in indiscriminate attacks on civilian areas;

Further considering Somalia’s obligations under the United Nations (UN) Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognised Human Rights and Fundamental Freedoms (the UN Declaration on Human Rights Defenders), particularly to ensure the rights of human rights defenders to assemble, associate, express themselves and participate in the government of the country and the conduct of public affairs;

Deeply disturbed by the widespread violations of freedom of expression and the systematic and ongoing attacks being committed against human rights defenders, particularly journalists;

Deeply concerned by the situation of women human rights defenders in Somalia or defenders involved in women’s rights and issues, that are perceived as culturally sensitive, and who as a result face additional gender-specific risks and violations in the course of their human rights work;

Noting that harassment and intimidation of human rights defenders, including journalists, obscures the actual and deteriorating human rights situation and thereby undermines efforts to bring these violations to the attention of the international community;

Hereby Call on the ACHPR to take all necessary measures to pass a resolution:

  • Calling on the new Government of Unity to allow for the establishment of an independent international commission of inquiry in order to ensure prompt, impartial, effective and independent investigations into all cases of human rights violations, both past and present, particularly those affecting human rights defenders;
  • Encouraging the new Government of Unity to establish accountability mechanisms which conform with international standards of independence and impartiality in order to bring an end to impunity and ensure that all actors responsible for current and past abuses are held accountable for their actions;
  • Calling on the TFG and the ARS to ensure the observance of the provisions of the Djibouti Peace Accords and to extend the national dialogue to include the remaining armed groups within the Accords;
  • Calling on all actors involved in the conflict to immediately end  attacks on humanitarian workers and to allow for humanitarian access;
  • Calling on the TFG, ARS and insurgents to bring an immediate end to arbitrary arrests, harassments, systematic attacks and targeted killings of all human rights defenders, and more particularly journalists;
  • Encouraging new Government of Unity to ensure the protection of defenders and to create an enabling environment for them to pursue their legitimate work;
  • Calling on the African Union, in collaboration with the United Nations Security Council, and other relevant UN bodies, to support the establishment of an international commission of inquiry to investigate the human rights and humanitarian law violations committed
  • Encouraging all member States of the African Union to provide support – logistical, political and financial – to entities and bodies that can monitor and report on past and current human rights abuses and can help to establish impartial and independent accountability mechanisms ;
  • Calling on the African Union to ensure that mechanisms are established which will ensure that the members of the TFG forces and AMISON responsible for violations of human rights and humanitarian laws are held to account.

 

Done in 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

Resolution on Strengthening International Justice in Africa

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We, the participants of the NGO Forum on the participation of NGOs in the 46th Ordinary Session of the African Commission on Human and Peoples’ Rights, held at the Kairaba hotel in Banjul, Gambia on 7-9 November 2009,

Recalling the Resolution on the Ratification of the Treaty on the International Criminal Court by the African Commission on Human and Peoples’ Rights, Banjul (1998), the Declaration and Plan of Action of Grand Bay, Mauritius (1999), the Resolution on the Ratification of the Statute of the International Criminal Court (ICC) by OAU/AU Member States, Pretoria (2002) and the Resolution on ending impunity in Africa and on the domestication and implementation of the Rome Statute of the ICC of the African Commission on Human and Peoples’ Rights (2005),

Further Recalling the adoption in 2005 of World Summit document where member states of the United Nations expressed their commitment to the protection of civilians from genocide, war crimes, crimes against humanity and ethnic cleansing,

Noting with concern the numerous human rights abuses in parts of the African continent, most notably that  women and children have suffered the heaviest brunt of acts of  genocide, war crimes, crimes against humanity and other crimes recognized under international human rights and international humanitarian law,

Recalling that the establishment of the ICC represents an important development in the struggle against impunity for the most serious crimes as crimes of war, crimes against humanity and genocide, and that there is no peace without justice,

Noting that by attempting to punish those responsible for these crimes, the ICC is a crucial court of last resort in defending African victims and attempting to prevent the future occurrence of such atrocities,

Committed to the development of national capacity to address international crimes, and noting that under the complimentarily principle, the ICC has jurisdiction only when national states are unwilling or unable to investigate and prosecute international crimes,

Recalling further that three African states (Uganda, the Democratic Republic of Congo and the Central African Republic) voluntarily refereed situations on their territories to the ICC and that the UN Security Council referred Darfur to the ICC, given the gravity of crimes there,

Welcome the report of the African Union High Level Panel on Darfur otherwise known as the ‘Mbeki Report’ and the consultations with civil society organizations that contributed to it,

Noting that 30 African states have ratified the Rome statute,

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

Urge the member states of the African Union that have not yet done so to ratify the Rome Statute and to ensure its effective implementation at the national level,

Urge the member states of the African Union (AU) to support victims by promoting judicial and other efforts to end impunity as well as promoting accountability for serious crimes under international law including through strengthening support and collaboration with the ICC,

Encourage the AU to include members of the African Commission on Human and Peoples’ Rights in any discussions relating to impunity, including the ICC, in light of its role in the promotion and protection of human rights in Africa,

Further Urge the AU to take steps in effectively disseminating the report of the AU high level panel on Darfur otherwise known as the ‘Mbeki Report’ and encourage the participation of both local and international NGOs in the implementation of the report,

Encourage the Assembly of Heads of State and Government of the AU to urge its member states, including those under investigation by the ICC, to fully cooperate with the Court in its efforts to bring to justice suspected perpetrators of international crimes,

Ensure that the worst crimes under international law are adopted as crimes under national law and investigated and that those responsible are brought to justice in their domestic  courts in accordance with internationally recognized fair trial standards,

Appoint a Special Rapporteur on fighting Impunity in Africa, to carry out activities aimed at ensuring that those responsible for the worst crimes under international law are brought to justice; and strengthening international rule of law.

 

Done in Banjul, November 9th, 2009

Resolution on Enforced Disappearances

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

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

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

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

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

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

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

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

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

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

1. Sign and Ratify the Convention without delay;

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

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

4. Ensure its effective implementation into national legislation;

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

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

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

 

Done in Abuja, November 9th, 2008