Declaration of the NGO Forum to the African Commission

Posted on October 8, 2012 by huridocs

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

Adopt and actively implement ATI laws in line with Article 9 of the African Charter and the Declaration of Principles on FOE in Africa
Ratify the AU treaties that impact on ATI and FOE on the continent
Implement fully recommendations from the Commission
Put in place urgent and effective mechanisms to protect journalists from attacks by State entities and private individuals
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:

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:

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:

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.
Remind states of their obligations under the African Charter and other instruments related to migrant, refugee and IDP rights,
Urge states to ratify, domesticate, and implement the provisions of the Kampala convention
Encourage states to cooperate with SR visits, in line with their mandates.
Reaffirm the ACHPR’s recognition of the rights of Indigenous People.
Develop a binding protocol to the African Charter for non-state actors to comply with human rights standards
Comply with article 169 of ILO
Comply with the UN resolution on Indigenous Peoples.
Ensure the legal enforceability of ESC rights of indigenous peoples.
Ensure free prior informed consent as a framework for development that may affect the lives and livelihoods of Indigenous People.
Ensure access to justice for people whose economic, social and cultural rights are violated
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:

Collaborate with civil society organizations to draft an African Protocol for Persons with Disabilities
Urge member states which have not signed and ratified that United Nations Convention on the Rights of Persons with Disabilities to do so
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:

Ensure coherence and collaboration between the various communications and state reports on issues regarding the rights of the child
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
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
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.
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:

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.
Call on states to guarantee that prison conditions are in accordance with international standards and protect all rights of detainees
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.
Call upon states to uphold the international standards for prisoners’ rights to legal counsel, access to medical care, and freedom from torture
Call upon states to ensure that police forces abide by international standards for public order policing, including refraining from the use of excessive force.
Urge member states which have not ratifying the UN CAT to do so.
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:

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.
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:

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

Monitor the Marikana Commission of Inquiry and the Liability of Police and the Mining Companies in the events of 16^th August 2012.
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:

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.
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:

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
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:

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 50^th 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

8^th October, 2012

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

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

Posted on November 11, 2009 by admin

Forum on the Participation of NGOs in the 46^TH 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 46^th 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 28^th 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 28^th, 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 46^th 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 46^th 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

Posted on November 9, 2009 by admin

We, the participants of the NGO Forum on the participation of NGOs in the 46^th 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 Strengthening International Justice in Africa

Posted on May 11, 2009 by admin

We, the participants of the NGO Forum on the participation of NGOs in the 45^th Ordinary Session of the African Commission on Human and Peoples’ Rights, held at the Kairaba hotel in Banjul, Gambia on 9-11 May 2009,

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

Noting that only 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,

Call on AU member states to demonstrate their commitment to protection of civilians by taking steps to institutionalize the Responsibility to Protect,

Done in Banjul, May 11th, 2009

Resolution on the Situation on Sudan

Posted on November 9, 2008 by admin

We, the participants of the Forum on the Participation of NGOs in the 44^th Ordinary Session of the African Commission on Human and Peoples’ Rights resolve as follows:

Considering the provisions of the Constitutive Act of the African Union, the Charter of the United Nations, as well as those of the African Charter on Human and Peoples’ Rights and other regional and international human rights instruments to which the Sudan is a state party;

Restating that Sudan is legally bound to fully implement the provisions of its own constitution, the Interim National Constitution, and regional and international instruments to which it is signatory; and particularly to respect and promote the human rights and fundamental freedoms set therein, without discrimination on any ground;

Further considering Sudan’s obligations under the 1998 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;

Recalling relevant decisions and communiqués adopted by the UN, the AU Assembly of Heads of State and Government on the situation in Darfur;

Appreciating the decision of the International Criminal Court to issue arrest warrants against individuals accused of organizing, planning, supervising, executing or encouraging the commission of ethnic cleansing, war crimes and crimes against humanity in Darfur;

Deeply concerned at the continuing grave violations of human rights and international humanitarian law in Darfur; notably the recent attacks on civilians in operations carried out against rebel forces which have once again forced thousands to flee from their homes;

Regretting the apparent failure of the United Nations-African Union Mission to Darfur (UNAMID) to offer civilians the protection they require;

Condemning the widespread violence against women and children in Darfur, most notably at the hands of armed groups;

Deeply concerned by the measures taken by the Sudanese Security Services following the attacks on Omdurman by the rebel Justice and Equality Movement (JEM) on the 10^th May 2008; these measures have included mass arrests, prolonged periods of detention without charge, torture and disappearances of civilians, primarily of Darfuri origin;

Dismayed by the continued use of laws which are at odds with the Constitution and with international human rights standards; notably the National Security Act which is persistently used to interfere with freedom of expression and human rights activism through arbitrary arrests and detentions;

Concerned by the increasing restrictions on freedom of media and expression notably in Khartoum, restrictions which are of particular concern given that Sudan is at crucial stage in the roadmap to democratization with the initiation of a country-wide census which should pave the way for national elections in 2009.

NGO Forum-Net calls upon the ACHPR to take all necessary measures to pass a resolution:

1. To call on the Sudanese authorities both in Khartoum and Southern Sudan to fully and unconditionally respect its obligations under the Constitutive Act of the African Union, the Charter of the United Nations, the African Charter on Human and Peoples’ Rights and most importantly, the CPA signed in 2005 between the National Congress Party and the SPLA/M.

2. To call on the Sudanese authorities to carry out necessary legislative reforms which will ensure that the Sudanese justice system and all legislation are brought into line with the Interim National Constitution and international human rights standards.

3. To stop, with immediate effect, all attacks against civilians in Darfur and end the grave violations of human rights in particular the forced displacement of large number of civilians in the region.

4. To call on the Khartoum government to end all support given to the Janjaweed militiamen, including the provision of supplies.

5. To provide the necessary support to all international agencies and humanitarian organizations in order to ensure immediate, full, safe and unhindered access to the affected people in Darfur and facilitate delivery of humanitarian assistance to war affected civilian populations.

6. To urge the Government of Sudan to cooperate with the International Criminal Court in its efforts to prosecute and bring to justice all persons suspected of perpetrating ethnic cleansing, war crimes and crimes against humanity; and arrest and hand over such individuals without delay;

7. To call on the African Union members States and the AU Peace and Security Council to cooperate with the International Criminal Court and to reconsider its efforts to bring about a suspension of the International Criminal Court Investigation of President Omar al-Bashir;

8. To call on the Sudanese authorities in Khartoum to bring about an immediate end to current mass arrests, detention, torture of civilians particularly of Darfuri origin at the hands of the National Intelligence and Security Services (NISS);

9. To call for a full, impartial and independent investigation into the current allegations of human rights violations; if the authorities fail to comply, an international criminal investigations should be called for and supported;

10. To call on the Sudanese authorities to bring an end to impunity by ensuring that those found responsible for current violations, particularly NISS officers, police and other state officials, are held accountable; in particular by supporting the establishment of accountability mechanisms which conform with international standards;

11. To provide support – logistical, political and financial – to entities and bodies that can monitor and report on human rights abuses and help to establish accountability mechanisms, notably to the field offices of the UN Office of the High Commissioner for Human Rights (OHCHR);

12. To call on the Sudanese authorities to ensure that freedom of the media and expression is guaranteed by bringing an immediate end to all unlawful censorship and other attacks on the media and journalists.

Done in Abuja , November 9th, 2008

Resolution on Children Breaching the Law

Posted on November 11, 2007 by admin

Considering the increasing number of delinquent children, subsequent to the phenomenon of street children, children on the street, child abandoning, children accused of witchcraft and not taken care of;

Considering the cohabitation in some member states of adult and minor (children) prisoners, compromising the future of children breaching the law;

Considering the appearance of minor accused in front of the same judges as adult ones in several party states;

Considering the shortage or lack of children judges in our states;

Considering the inadequacy of the legislation on juvenile delinquency, as with regards to the current environment;

Considering the lack or the decay of appropriate facilities likely to provide better training, and to recover children in society for their welfare;

Considering the indifference of member states about the above-mentioned situation;

Considering the urgent necessity,

We, as NGOs members, meeting in Brazzaville for the Forum on the NGOs participation prior to the holding of the 42nd Ordinary Session of the African Commission on Human and People’s Rights and the 16th African Human rights Book Fair, propose:

For the protection of children breaching the law,

to invite state parties to take internal and legal strict provisions taking into account the current context of the continent and that of every country for the best protection of this category of children, mainly:

1. By the separation of children breaching the law in detention with adults in jail.

2. By the settlement of these children in specialized and sufficiently equipped reformation and reinsertion centres, considering the specificity of these children and their training under the control of specialized teachers with the assistance of health workers.

3. By the training of children judges as well as their teachers.

4. By penalizing the acts and behaviours encouraging and providing grounds for juvenile delinquency in all its forms.

Done at Brazzaville, November 11th, 2007

Resolution on the Adoption of the “Lilongwe Declaration and Plan of Action on Promoting Access to Justice in the Criminal Justice System In Africa, 2006″

Posted on November 14, 2006 by admin

We, the representatives of non-governmental organisations attending the NGO forum preceding the 40th Ordinary Session of the African Commission on Human and Peoples’ Rights,

Considering the provisions of the African Charter on Human and Peoples’ Rights relating to the right to a fair trial, in particular Articles 7 and 26;

Recalling the resolution on the Right to Recourse and Fair Trial adopted by the Commission at its 11th Ordinary Session in Tunis, Tunisia, in March 1992 and the resolution on the Respect and the Strengthening of the Independence of the Judiciary adopted at the 19th Ordinary Session held in Ouagadougou, Burkina Faso, in March 1996;

Further recalling the recommendations of the Seminar on the Right to a Fair Trial in Africa held in collaboration with the African Society of International and Comparative Law and Interights, in Dakar, Senegal, from 9-11 September 1999;

Recognising the Resolution on the Right to a Fair Trial and Legal Assistance in Africa, 1999 (Dakar Declaration);

Further recognising the importance of the right to a fair trial and legal assistance and the need to strengthen the provisions of the African Charter relating to this right;

Taking into account the Principles and Guidelines on the Right to a Fair Trial and Legal Assistance in Africa, 2001;

Noting the concern of African heads of prisons with prison conditions and overcrowding as reflected in the Kampala Declaration on Prison Conditions in Africa 1996 and Ouagadougou Declaration on Accelerating Prison and Penal Reform in Africa 2002 and the role to be played by civil society and paralegals;

1. Urge the African Commission on Human and Peoples’ Rights to promote Access to Justice in the Criminal Justice System in Africa by adopting the attached Lilongwe Declaration and Plan of Action;

2. Further urge the secretariat of the Commission to forward the Lilongwe Declaration and Plan of Action to Ministries of Justice and Chief Justice of all States parties, Bar Associations and law schools in Africa and non-governmental organisations with observer status, and to report to the 41st Ordinary Session of the Commission in this regard;

Done in Banjul, 14th November, 2006

Resolution on the Status of Women in Africa and the Protocol to the African Charter on Human And Peoples’ Rights on the Rights of Women in Africa

Posted on November 14, 2006 by admin

We, the representatives of non-governmental organisations attending the NGO forum preceding the 40th Ordinary Session of the African Commission on Human and Peoples’ Rights;

Considering the provisions of the African Charter on Human and Peoples’ Rights relating to the right to a fair trial, in particular Articles 7 and 26;

Recognising the Resolution on the Right to a Fair Trial and Legal Assistance in Africa, 1999 (Dakar Declaration);

Further recognising the importance of the right to a fair trial and legal assistance and the need to strengthen the provisions of the African Charter relating to this right;

Taking into account the Principles and Guidelines on the Right to a Fair Trial and Legal Assistance in Africa, 2001;

Done in Banjul, November 14th, 2006

Resolution on the Death Penalty

Posted on May 8, 2006 by admin

We the representatives of non-governmental organizations attending the NGOs forum preceding the 39th Ordinary Session of the African Commission on Human and Peoples’ Rights,

Recalling that the African Commission on Human and Peoples’ Rights adopted a resolution on the establishment and operationalisation of a working group on the Death Penalty at its 38th Ordinary Session, held in Banjul, The Gambia;

Recalling that the death penalty remains a pressing concern, whether in relation to the risk of being sentenced to capital punishment present in most African states, or the resumption of executions in other states;

Stressing that the death penalty is often imposed following unfair trials, and that minorities and foreigners are sentenced to capital punishment in disproportionate numbers;

Recalling that international law encourages the abolition of the death penalty and that several regional and international instruments provide for the abolition of the death penalty;

Recalling the resolution by the African Commission on Human and People’s Rights of 15 November 1999 42(XXVI) 99, that calls upon states to establish a moratorium on executions and encouraging them to abolish the death penalty;

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

1. Condemn the death penalty as a violation of fundamental human rights: the life to life and the right not to be subjected to torture and other cruel, inhuman, or degrading punishment;
2. Endorse the document “The Question of the Death Penalty in Africa” prepared by the Working Group on the Death Penalty;
3. Call upon all states to ratify the Second Optional Protocol on the International Covenant on Civil and Political Rights aimed at the abolition of the death penalty;
4. Call upon states that have ratified the Second Optional Protocol on the International Covenant on Civil and Political Rights to submit their reports on civil and political rights, taking into account, the abolition of the death penalty
5. Call upon states having de jure to ensure that the death penalty has been abolished de facto;
6. Call upon states having de jure abolished the death penalty to raise awareness with other states about the necessity of abolishing the death penalty;
7. Call upon states having de facto abolished the death penalty to move from a moratorium to an abolition in domestic law;
8. Call upon states that still maintain the death penalty to:
a. Commit to abolishing the death penalty, and in the interim, to adopt a moratorium on executions;
b. Ensure that any individual accused of a crime punishable by the death penalty benefits from the right to a fair trial as provided by the African Charter on Human and Peoples’ Rights and other relevant international human rights instruments, including the right to seek pardon or commutation of sentence.
c. Ban the death penalty for all persons below 18 years of age at the time the crime was committed; exclude the death penalty for pregnant women, mothers with dependent infants, and persons suffering from mental disorders;
d. Limit the application of the death penalty to the most serious crimes;

Done in Banjul, 8 May, 2006

Resolution on the Situation in Ethiopia

Posted on May 8, 2006 by admin

We the representatives of non-governmental organizations attending the NGO forum of the 39th ordinary session of the African Commission on Human and Peoples’ Rights,

Recalling that the African Commission on Human and Peoples’ Rights adopted a resolution on the situation in Ethiopia (NGO/Res/0004-1105) during its 38th Ordianary Session held in Banjul, The Gambia,

Recalling that freedom of opinion and expression as well as the right to assemble are fundamental rights enshrined in the international instruments ratified by Ethiopia, and notably Articles 9 and 11 of the African Charter on Human and Peoples’ Rights,

Deeply concerned about the repression going on since June 2005 in Ethiopia and notably the arbitrary arrests, disappearances, incommunicado detentions and other human rights violations directed at suspected members and supporters of opposition groups, students and human rights defenders,

Recalling that on 1st November 2005, security forces killed at least 50 demonstrators protesting against the outcome of parliamentary elections in Addis Ababa and other towns and have wounded more than 100,

Concerned about the detention of opposition leaders and newspaper editors facing treason charge, an offence that carries death penalty in Ethiopia, for their role in the events of November 2005.

Hereby request the African Commission on Human and Peoples’ Rights to adopt a resolution:

1. Condemning the killings of civilians by police forces,
2. Requesting that the Ethiopian judiciary immediately release arbitrarily detained political prisoners, human rights defenders and journalists,
3. Calling upon the government to guarantee to any individual accused of a crime carrying a death sentence the right to a fair trial as provided by the African Charter on Human and Peoples’ Rights and other relevant international human rights instruments, including the right to seek pardon or commutation of sentence,
4. Calling upon the government to conduct an independent and impartial investigation on recent violent acts in the country and to bring the perpetrators of human rights violations to justice,
5. Urging the government to guarantee, at all times, the freedoms of opinion and expression as well as the right to hold peaceful demonstration and political assembly,
6. Requesting that the government guarantee in all circumstances the physical and psychological integrity of human rights defenders in compliance with international instruments especially the Declaration of Human Rights defenders adopted by the U.N. General Assembly in December 1998,
7. Calling upon the government to conform with the international instruments ratified by Ethiopia and notably, the International Covenant on Civil and Political Rights (ICCPR), the International Covenant on Economic, Social and Cultural Rights (ICESCR) and the African Charter on Human and Peoples’ Rights (ACHPR).
8. Requesting that the Special Rapporteur on Human Rights Defenders and the Special Rapporteur on Prisons and Conditions of Detention in Africa, to undertake a joint mission, assessing the situation in Ethiopia

Done in Banjul, 8 May, 2006