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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

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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

 

TREC/004/10/2011: Resolution on Prevention and Prohibition of Torture and other Inhuman and Degrading Treatment or Punishment; and Prisons and Conditions of Detention in Africa

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

Concerned about the persistent practice of unlawful arrests and arbitrary and secret detention throughout the continent, enforced disappearances which often result in the use of torture and ill-treatment of people in violation of the African Charter, in particular Articles 4 and 5,

Concerned by the conditions of places of detention, in particular overcrowding, the lack of access to health, to water and food, the absence of separation between women and men, juveniles and adults, the lack of adequate prisons and facilities for prisoners with disability, women and their children in clear violation of Articles 5 and 6 of the African Charter on Human and Peoples’ Rights (“African Charter”),

Noting that an independent national oversight mechanism to monitor all places of detention and prisons would address some of these issues,

Preoccupied by the lack of prompt access of detainees, especially while in police and prison custody, to lawyers, doctors, health facilities and family members and the insufficient recording of arrested persons kept in police and prison custody and the length of pre-trial detention in violation of Article 7 of the African Charter,

Recalling the obligations of Member States under the African Charter and noting that 43 Member States have ratified the UN Convention against Torture and Cruel, Inhuman and Degrading Treatment and Punishment (“UN Convention against Torture”),

Concerned about the lack of the express criminalization of torture in the domestic law of the majority of Member States despite their obligation to do so, often preventing victims of torture and ill treatment to access justice,

Noting that the absence of criminalization of these offences must not prevent the adequate investigation and prosecution thereof,

Aware of the continued impunity of alleged perpetrators of acts of torture and ill treatment and enforced disappearances, often due to, inter alia, a lack of political will to investigate and prosecute, the lack of an independent judiciary, corruption, the absence of a relevant legal framework and practical facilities to carry out investigations and/or the fear of victims of reprisals and intimidation when attempting to seek justice,

Conscious of the risks of victims of these crimes in filing complaints on a national and regional level and the important role of the African Commission in this respect,

Recalling the opportunities provided under the African Charter and the Robben Island Guidelines to address violations of the African Charter, in particular Articles 1, 4,5,6 and 7,

Recalling in particular that the African Commission has a crucial role to play on the Continent to protect and promote the rights enshrined in these Articles in particular through its Communication procedure, developing jurisprudence on pertinent human rights issues and its two special mechanisms, i.e. the Special Rapporteur on Prisons and Centres of Detention and the Committee for the Prevention of Torture in Africa (CPTA),

We therefore call on the African Commission:
To adopt a resolution at its 50th session calling on Member States to:

  • Comply with their obligations under the African Charter, the UN Convention against Torture and the Convention for the protection of all persons from enforced disappearances, in particular through the criminalization of these offences in their national legislation in accordance with international law standards;
  • Provide victims with the right to a remedy and full reparation, including rehabilitation, restitution, compensation, just satisfaction and guarantees of non-repetition;
  • Carry out training of key stakeholders, bearing in mind international law standards and in particular the Istanbul Protocol on the investigation and documentation of torture and other ill treatment;

Done in Banjul – 21st October, 2011

 

Recommendations on Prevention and Prohibition of Torture and Other Inhuman and Degrading Treatment or Punishment; and Prison and Conditions of Detention in Africa

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During the NGO Forum proceeding the 49th Ordinary Session of the African Commission on Human and Peoples’ Rights,

1. Introduction:

The Working Group focused on two thematic areas namely:

  1. Prevention and Prohibition of Torture;
  2. Prisons and Conditions of Detention in Africa.

The group assessed the situation relating to these issues and the status of compliance to human rights conditions in relation to these. The group further discussed on how to follow – up on previous resolution adopted by the commission to ensure their effective implementation and on strategies to enhance NGO engagement with the Commission and its relevant mechanisms. The group also noted best practices and obstacles faced in realisation of these rights as well as identified strategies to promote effective networking amongst the Working Group. Participants presented reports on the following African Countries: Uganda, Kenya, Cameroon, Zimbabwe, Togo, Nigeria and South Africa.

The group also noted that there are several cross-cutting issues in relation to torture and Prisons in Africa such as: Pre – Trial Justice, Mentally Challenged Persons in Prisons/Detention Facilities, Poor Legislative Framework, Lack of Adequate Health Facilities in Prisons and Detention Facilities, Refugees in Detention Centres; Solitary Confinement, etc.

Key recommendations were made by the Working Group to the Commission towards enhancing the promotion and protection of human rights in Africa with respect to prevention of Torture and other Cruel, Inhuman and Degrading Treatment, and promotion of Prison and Conditions of Detention in Africa.

2.  Recommendations:

On Torture:

1. Commends the Commission for its promotional visit to the Democratic Republic of Congo (DRC) and applauds the government of DRC for adoption of legislation criminalising torture in its jurisdiction, we are concerned that most African States are yet to criminalise torture in their respective domestic laws and urge all African States to urgently do so as well as establish the effective implementation of these.

2. Condemns the practice of extra-ordinary renditions where persons are transferred to another State where they are at a risk of being subjected to torture, cruel, inhuman and degrading treatment or punishment contrary to Article 20 of the Robben Island Guidelines.

3. Condemns the practice of expelling or extraditing individuals to other States where they are at a risk of being tortured contrary to article 15 of the Robben Island Guidelines, Article 3(1) of the United Nations Convention Against Torture, Cruel, Inhuman and Degrading Treatment or Punishment.

4. Urges the Commission to strengthen its focus on the rights of victims of torture to holistic rehabilitation including health, social, legal and other services and to justice and reparation. Furthermore, to engage with Member State to ensure that thesevictims’rights are fully respected, protected and promoted and mechanisms /structures are put in place to implement these accordingly; including activities aimed at documentation and redressing of torture and to support rehabilitation services/centres in the African region.

5. Urges the Member States to put in place measures to end impunity and to allow independent investigation to prosecute public officials responsible for acts of torture and request the Commission to take concrete steps to monitor the implementation of this.

6. Urges that Member States to make public ALL places of detention and avail the Commission and the National Human Rights Institutions as well as relevant NGOs with this information and allow access to these places of detention by national, regional and international oversight/monitoring mechanisms.

7. Urges Member States to cooperate effectively with the CPTA in order to fully implement its mandate.

On Prisons:

1. Urges the Commission to effectively engage with the African Correctional Services Association (ACSA), relevant African and international NGOs and other agencies working in the field of prisons  and develop standard norms to enhance prison reform in Africa as well as implement relevant resolutions of the Commission on Prisons and Conditions of Detention in Africa.

2. Commends the Commission on its support for the Prisons Reform Intervention in Africa and urges the Commission to further support the Prison Reform Intervention in Africa Project as well as ensure practical implementation of programmes to promote prison reform in Africa as well as work with member states and NGOs to ensure the full actualization of concrete initiatives in this regards.

3. Urges member states to effectively fund prisons in their respective countries and put in place mechanisms to bring them in accordance with international standards.

4. Requests member states to guarantee access to the Special Rapporteur on Prisons and Condition of Detention in Africa, National Human Rights Commission and to CSOs/ NGOs to Prisons and ALL places of Detention within their jurisdiction, to ensure effective monitoring, oversight of conditions and provision of support services to detainees and prisoners.

5. Urges Member States to take urgent measures to address the problems of high prison population, high number of awaiting trial prisoners and other issues relating to pre-trial justice in their respective jurisdictions and call on the Commission to monitor compliance of member states to this.

 

Done at Banjul, April 28th, 2011

Recommendation on Prevention and Prohibition of Torture and other Inhuman and Degrading Treatment or Punishment; and Prison and Penal Reform in Africa

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The Working Group focused on two thematic areas namely:

1. Prevention and Prohibition of torture;

2. Prisons and Penal Reforms in Africa.

The group assessed the situation relating to these issues and the status of compliance to these rights in various countries in Africa. It also noted best practices and obstacles faced in realisation of these rights as well as identified strategies to promote effective networking amongst the Working Group and contributing to the work of the Commission. Key recommendations were made by the Working Group to the Commission towards enhancing the promotion and protection of human rights in Africa with respect to prevention of Torture and other Cruel, Inhuman and Degrading Treatment, and promotion of Prison and Penal Reform.

On Torture

The Working Group welcomes the resolutions with respect to Prevention and Prohibition of Torture adopted by the NGO Forum at the 45th Session and further:

1. Urges the Commission to reaffirm the importance of in – country visits and to carry out steps to incorporate and effectively implement activities aimed at prevention of torture within the mandate of the Follow-Up Committee on the Implementation of the Robben Island Guidelines;

2. Urges the Commission to condemn the action of the Government of Zimbabwe on the deportation of the UN SR On Torture, and Other Cruel, Inhuman or Degrading Treatment or Punishment, Professor Manfred Nowak from Zimbabwe on 28 October 2009 during his visit to carryout his mandate;

3. Calls upon the Commission in particular the Chairperson on the Working group on RIG to carry out a fact finding mission to Zimbabwe on the issue of Torture;

4. Requests the Commission to urge all member states to cooperate with the African Commission and the United Nations mechanisms for promotion and protection of human rights including provision of access for the execution of in-country visits;

5. Urges the Commission to establish an effective mechanism for awareness creation, sensitisation, training and capacity building of Governments and CSOs on torture prevention, documentation and provision of rehabilitation and redress for victims; and

6. Urges the Commission to request member states yet to sign and ratify CAT, OPCAT and all other related Conventions and protocols to do so.

On Prisons:

The Working Group commends the Resolution of the Forum on Prisons and Penal Reform in Africa at its 45th Ordinary Session and further:

1. Urges on the Commission especially its Special Rapporteur on Prisons and Condition of Detention in Africa to work closely with Heads of Prisons and Correctional Services in Africa and the newly formed African Correctional Services Association (ACSA) as well as NGOs working on the field to develop sustainable mechanisms to address the problems faced by prisoners, ex- prisoners and prison services in African countries;

2. Urges the Commission to request member states to support the establishment of effective and sustainable prison reforms, including increase in budgetary allocations, establishment of parliamentary and other oversight and support mechanisms towards promoting reforms in the justice and prison sector in their respective countries;

3. Urges the Commission especially the Special Rapporteur on Prisons and Condition of Detention in Africa to collaborate with member state and NGOs to set up mechanisms towards the compilation of compendium on the state of prisons and conditions of detention as well as good prison practice, in Africa.

 

Done at Banjul, November 9th, 2009

 

Recommendation on Torture and Prisons in Africa

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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,

Concerned by the instances of torture perpetrated and overlooked by the governments
of certain African states, and the slow pace of prison reform,

Recommend to the ACHPR to:

1. Urge States to domesticate regional and international human rights instruments
with a view to the criminalisation of torture.
2. Encourage training of judges, prosecutors, police, lawyers, prison officers, health
professionals and other relevant agents on the prohibition of torture and the
implementation of the Robben Island Guidelines and other international and
regional human rights instruments.
3. Urges State parties to ensure funding and support for the rehabilitation of torture
victims, their families and communities and to provide victims’ access to justice
and reparations.
4. Urge the Follow-up Committee on the implementation of the Robben Island
Guidelines to provide a training manual on the prevention and prohibition of
torture for agencies such as police, prisons, military, judiciary and other law
enforcement agencies.
5. Urge the Follow-up Committee on the implementation of the Robben Island
Guidelines to facilitate the development of curricula for primary, secondary and
tertiary schools, which should include human rights education and issues of
torture prohibition, prevention, redress and rehabilitation of torture victims.
6. Urge State parties to ratify and implement the Optional Protocol to the UN
Convention Against Torture (OPCAT) as well as opening all places of detention to
independent monitoring bodies.
7. Urge State parties to develop alternatives to imprisonment and to implement
other measurements aimed at reducing overcrowding and torture, cruel,
inhuman and degrading treatment or punishment in prisons and other places of
detention.
8. Urge State parties to develop and adopt comprehensive strategic plans for
criminal justice reform, with clear priorities for implementation and resourcing,
bearing in mind that it is only in such a comprehensive framework that torture
can be effectively eradicated. In developing such a plan, to involve civil society
experts and refer to the many guidelines and manuals produced or endorsed by
the African Commission, UN and other agencies.
9. Urge state parties who have not abolished the death penalty to ensure that
prisoners held on death row are held in conditions that respect regional and
international standards
10.Urge State parties to close all secret detention centres and to eradicate forced
disappearances, torture and extrajudicial killings within their respective
jurisdictions.
11.Encourage the African Commission to develop procedure(s) to coordinate the
work of its special mechanisms on cross-cutting issues especially on Torture,
Prison Conditions, Death Penalty, Children, Women, etc.
12.Encourage the African Commission’s Special Mechanisms on Torture and Prisons
to participate actively in the regional and International meetings, workshops and
conferences aimed at prohibition and prevention of torture and improvement of
conditions of detention; and conduct relevant follow-up activities.

 

Done in Abuja, November 9th, 2008

Recommendation on the Prevention and Prohibition of Torture and other Cruel, Inhuman or Degrading Treatment or Punishment

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We, the participants of the NGO Forum preceding the 41st Ordinary Session of the African Commission on Human and Peoples’ Rights and the 15th African Human Rights Book Fair, held at the Coconut Grove Hotel, Accra, from 12 – 14 May 2007,

Recalling that the prohibition of torture and other cruel, inhuman or degrading treatment or punishment is affirmed in relevant regional and international instruments such as the African Charter on Human and Peoples’ Rights, the African Charter on the Rights and Welfare of the Child, the Protocol to the African Charter on Human and Peoples’ Rights on the right of Women in Africa, the Universal Declaration of Human Rights, the International Covenants on Civil and Political Rights and the United Nations Convention against Torture,

Considering that African States have recognised the absolute and intangible character for the prohibition of torture and other cruel, inhuman or degrading treatment or punishment as enshrined in Article 5 of the African Charter on Human and Peoples’ Rights,

Recalling the Robben Island Guidelines and Measures for the prohibition and prevention of torture and other cruel, inhuman or degrading treatment or punishment in Africa which were endorsed by the Assembly of Heads of States and Government of the African Union in 2003,

Considering Article 1 and 43 of the Robben Island Guidelines related to the ratification of regional and international instruments and inviting States to ratify and implement the Optional Protocol to UNCAT of 18 December 2002,

Further Considering the follow-up committee to the Robben Island Guidelines set up by the ACHPR,

Concerned by the continued prevalence of acts of torture and other cruel, inhuman or degrading treatment or punishment,

Emphasising the importance of African States taking persistent action to prevent and combat torture and other cruel, inhuman or degrading treatment or punishment,

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

1. Calling on all Members States to ratify or accede to the Convention against torture and other cruel, inhuman or degrading treatment or punishment without reservation and the Optional Protocol to UNCAT of 18 December 2002,

2. Urging the Member States to implement the Robben Island Guidelines,

3. Further Urging member States to penalise all acts of torture under domestic criminal law,

4. Affirming the importance of the follow-up committee to the Robben Island Guidelines and the need for Member States to cooperate with, and fully assist the follow-up committee in the performance of its tasks.

 

 

Done in Accra, May 14th, 2007

Recommendation on Torture

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We, the participants of the NGO Forum of the 40th Ordinary Session of the African Commission on Human and Peoples’ Rights and the 14th African Human Rights Book Fair, held at the Paradise Hotel in Banjul , the Gambia  from November 12th – 14th , 2006,

Recalling the Robben Island Guidelines against Torture which were agreed by the ACHPR in 2002 as a preventive measure for the prohibition and prevention of torture;

Taking cognizance of the Follow-up Committee to the Robben Island Guidelines set up  ACHPR;

Considering the need for Professor Nowak, the UN Special Rapporteur on torture, to  visit member states and share experiences with those that clearly effected change;

Recommend to the African Commission on Human and People’s Rights:

1. To provide the human and financial resources to the Follow-up Committee to the Robben Island Guidelines so that they can promptly complete and implement their Plan of Action.

2. To implement without further delay the Kigali decision of the Ministers of the AU to establish the Human Rights Voluntary Fund.

 

Done in Banjul,  November 14th, 2006

Recommendation on Torture

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We, the participants of the NGO Forum of the 40th Ordinary Session of the African Commission on Human and Peoples’ Rights and the 14th African Human Rights Book Fair, held at the Paradise Hotel in Banjul , the Gambia  from November 12th – 14th , 2006,

Recalling the Robben Island Guidelines against Torture which were agreed by the ACHPR in 2002 as a preventive measure for the prohibition and prevention of torture;

Taking cognizance of the Follow-up Committee to the Robben Island Guidelines set up by the ACHPR;

Considering the need for Professor Nowak, the UN Special Rapporteur on torture, to visit member states and share experiences with those that clearly effected change;

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

1. To provide the human and financial resources to the Follow-up Committee to the Robben Island Guidelines so that they can promptly complete and implement their Plan of Action.

2. To implement without further delay the Kigali decision of the Ministers of the AU to establish the Human Rights Voluntary Fund.

 

Done in Banjul,  November 14th, 2006

Resolution on the Prohibition of Torture and other Cruel, Inhuman or Degrading Treatment or Punishment

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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,

Reaffirming that all forms of exploitation and degradation of the person, particularly, slavery, slave trade, torture, cruel, inhuman or degrading punishment and treatment shall be prohibited, as defined in article 5 of the African Charter on Human and Peoples’ Rights and article 1 of the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,

Recalling that freedom from torture and other cruel, inhuman or degrading treatment or punishment is a non-derogable right and must be protected under all circumstances, including in times of international and internal armed conflict or internal disturbance, and that the prohibition of torture and other cruel, inhuman or degrading treatment or punishment is affirmed in relevant international and regional instruments such as the African Charter on Human and Peoples’ Rights, the Robben Island Guidelines and Measures for the Prohibition and Prevention of Torture, Cruel, Inhuman and Degrading Treatment or Punishment in Africa, the African Charter on the Rights and Welfare of the Child, the Protocol to the African Charter on Human and Peoples’ rights on the Rights of Women in Africa, the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, and the United Nations Convention against Torture,

Recalling also that a number of international, regional and domestic courts have recognised that the prohibition of torture is a peremptory norm of international law,

Noting that under the Geneva Conventions, of 12 August 1949, torture is a grave breach and that under the Statute of the International Criminal Tribunal for Rwanda and the Rome Statute of the International Criminal Court acts of torture constitute crimes against humanity and war crimes,

Emphasizing the importance of African Governments taking persistent action to prevent and combat torture,

Commending the persistent efforts by civil society, in particular non governmental organisations, to combat torture and to alleviate the suffering of victims of torture,

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

1. Condemn all forms of torture and other cruel, inhuman or degrading treatment or punishment, which are and shall remain prohibited at any time and in any place whatsoever and can thus never be justified, and calls upon all African Governments to implement fully the prohibition of torture and other cruel, inhuman or degrading treatment or punishment;

2. Condemn in particular any action or attempt by African States or public officials to legalise, authorise or acquiesce in torture under any circumstances, including on grounds of national security or through judicial decisions;

3. Stress in particular that all allegations of torture or other cruel, inhuman or degrading treatment or punishment must be promptly and impartially examined by the competent national authority, that those who encourage, order, tolerate or perpetrate acts of torture must be held responsible and severely punished, including the officials in charge of the place of detention where the prohibited act is found to have been committed, and takes note in this respect of the Robben Island Guidelines and Measures for the Prohibition and Prevention of Torture, Cruel, Inhuman and Degrading Treatment or Punishment in Africa as a useful tool in efforts to combat torture;

4. Urge African States to ensure that any statement that is established to have been made as a result of torture shall not be invoked as evidence in any proceedings, except against a person accused of torture as evidence that the statement was made.

5. Also urge African States not to expel, return (refouler), extradite or in any other way transfer a person to another State where there are substantial grounds for believing that the person would be in danger of being subjected to torture, as defined in articles 5 and 12(3) of the African Charter;

6. Stress that national legal systems should ensure that victims of torture or other cruel, inhuman or degrading treatment or punishment obtain redress, are awarded fair and adequate compensation and receive appropriate socio-medical rehabilitation, and in this regard encourages the development of rehabilitation centres for victims of torture;

7. Remind African Governments that corporal punishment, including of children, amounts to cruel, inhuman or degrading punishment or even to torture;

8. Also remind African Governments that, as described in article 1 of the UN Convention against Torture, intimidation and coercion, including serious and credible threats, as well as death threats, to the physical integrity of the victim or of a third person can amount to cruel, inhuman or degrading treatment or to torture;

9. Remind all African States that prolonged incommunicado detention or detention in secret places may facilitate the perpetration of torture and other cruel, inhuman or degrading treatment or punishment and can in itself constitute a form of such treatment, and urges all States to respect the safeguards concerning the liberty, security and the dignity of the person;

10. Stress that all acts of torture must be made offences under domestic criminal law, and emphasizes that acts of torture are serious violations of international human rights law and humanitarian law and can constitute crimes against humanity and war crimes, and that the perpetrators are liable to prosecution and punishment;

11. Also stress that African States must not punish personnel for not obeying orders to commit acts amounting to torture or other cruel, inhuman or degrading treatment or punishment;

12. Urge African Governments to protect medical and other personnel for their role in documenting torture or any other form of cruel, inhuman or degrading treatment or punishment and in treating victims of such acts;

13. Emphasize that African States must ensure education and training for personnel who may be involved in the custody, interrogation or treatment of any individual subjected to any form of arrest, detention or imprisonment;

14. Underline the importance of the mandate of the Special Rapporteur on torture;

15. Call upon all African Governments to cooperate with and assist the Special Rapporteur in the performance of her task, and to supply all necessary information requested by her;

16. Also call upon all African Governments to give serious consideration to responding favourably to the Special Rapporteur’s requests to visit their countries;

17. Invite the Special Rapporteur to submit a report to the African Commission at its next session on the overall trends and developments with regard to her mandate;

18. Urge all African States to become parties to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment as a matter of priority;

19. Urge all African States parties to comply strictly with their obligations in accordance with article 19 of the Convention, including their reporting obligations, and, in particular, those States parties whose reports are long overdue to submit their reports forthwith, and invites States parties to incorporate a gender perspective and information concerning children and juveniles when submitting reports to the Committee against Torture;

20. Call upon African States parties to give early consideration to signing and ratifying the 2002 Optional Protocol to the Convention, providing further measures for use in the fight against and prevention of torture;

21. Urge the African States to implement the Principles and Guidelines on the Right to a Fair Trial and Legal Assistance in Africa, as well as the Robben Island Guidelines and Measures for the Prohibition and Prevention of Torture, Cruel, Inhuman and Degrading Treatment or Punishment in Africa, which were endorsed by the Assembly of Heads of State and Government of the African Union in 2003, and which contain due process standards for the prevention of torture and the protection of victims of such practice.

Done in Banjul, 8 May, 2006

Resolution on Prohibition and Prevention of Torture in Africa

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We, the participants of the Forum of NGOs participating at the 37th Ordinary Session of the African Commission on Human and Peoples’ Rights and the 11th African Human Rights Book Fair, held in Banjul, The Gambia, from April 27 to May 11, 2005,

Recalling the universal and absolute character of the condemnation and prohibition of torture and other cruel, inhuman or degrading punishments or treatments;

Deeply indignant at the persistence of such acts in Africa;

Noting with satisfaction the adoption by ACHPR at its 32nd Session held from 17th to 23rd October 2002, of the Robben Island Directives on the prohibition and prevention of torture and other cruel, inhuman or degrading punishments or treatments in Africa, and of the recommendations made during the consultative meeting on the implementation of the Robben Island Directives held in Ougadougou, Burkina Faso, during its 36th Ordinary Session held in Dakar, Senegal, from 24th November to 7th December 2004;

Delighted with the appointment by ACHPR of a Follow up Committee of the implementation of these Directives during its 35th Session held in Banjul, the Gambia, from 23rd May to 4th June 2004;

Recommend to the 37th Session of ACHPR:

1. To adopt the recommendations of the first working session of the Follow up Committee held in Bristol, Great Britain, from 19th to 20th February 2005 and the annexed Rules of Procedure.

2. To appeal to the African States:

  • To ratify the United Nations Convention against Torture and other cruel, inhuman or degrading punishments or treatments of 10th December 1984.
  • To ratify the Optional Protocol to the United Nations Convention against Torture and other cruel, inhuman or degrading punishments or treatments of 18th December 2002 (see annexed specific draft resolution).
  • To ratify the Protocol to the African Charter establishing an African Court on Human and Peoples’ Rights of 9th June 1998 and the effective establishment of this Court.
  • To refer to the Robben Island Directives in the fulfilment of their obligations under Article 5 of the African Charter on Human and Peoples’ Rights.

3. To make systematic use of the Robben Island Directives during consideration of the periodic reports of the States.

Done at Banjul, on 26th April, 2005