CRES/002/4/12: Resolution on Malawi

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

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

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

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

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

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

Done in Banjul – 16 April, 2012

 

Resolution on Nigeria

The Forum on the participation of the NGOs in the 35th Ordinary Session of the African Commission on Human and People’s Rights and the 9th Human Rights Book Fair held at the Kairaba Beach Hotel in Banjul, The Gambia from May 18 – 20 2004,

Considering the recent ethnic religious violence in Yelwa Plateau State of Nigeria in May 2004 which resulted in the killings of more than 600 persons and the reprisal killings in Kano State so soon thereafter which has caused forced displacement of around 750 persons and threatening the peace and security of lives and property in the region;

Considering that this is a recurrent decimal in Nigeria especially since the inception of the civilian regime in1999;

Considering that the development in Nigeria constitutes great threat to the realisation of the aims and objectives of the Constitutive Act of the African Union and the African Charter on Human and Peoples’ Rights;

Considering that the Nigerian government had never taken decisive steps to tackle the issue given the lip service paid to Panels of enquiries set up in the past whose reports are never made known to the public and that perpetrators never been brought to book;

Considering that the impunity of the authors of these criminal acts favours the spirit of revenge and the renewing of the cycles of violence in Nigeria;

Considering the declarations of the United Nations Secretary-General on May 10, 2004, urging the Nigerian government to ensure the security of individuals and property and to promote reconciliation in conformity with the principles of the rule of law;

The NGO forum requests the African Commission on Human and People’s Rights to urge the Nigerian authorities:

  • To immediately set up an independent mission of investigation with the mandate to investigate ethnic religious violence in Nigeria since 1999 and more particularly the recent Yelwa and Kano violence;
  • To make public the report of the mission, prosecute the perpetrators in conformity with acceptable international standards of due process and compensate the victims;
  • To take all necessary measures to ensure the peace and security of individuals and property as provided by Article 6 of the African Charter on Human and Peoples’ Rights;
  • To condemn the state of emergency imposed in Plateau State since it is not done in conformity with the law
  • To condemn out right the “shoot at sight” orders issued by the State Government in Kaduna.

Done in Banjul, May 20th 2004