Summary Report of the NGOs Forum preceding the 50th Ordinary Session of the African Commission on Human and Peoples’ Rights and 24th African Human Rights Book Fair 19-21 October 2011 – Banjul, The Gambia

Posted on October 31, 2011 by admin

The Forum on NGO Participation in the Work of the 50^th Ordinary Session on the African Commission on Human and People’s Rights and the 24^th African Human Rights Book Fair, organised and facilitated by the African Centre for Democracy and Human Rights Studies and in collaboration with the African Commission was held at the Kairaba Beach Hotel, in Banjul, The Gambia from 19-21 October 2011.

The Forum brought together about 215 participants and facilitators (119 males and 96 females) coming from 35 countries in Africa and included 24 participants from 9 countries in Europe, namely Belgium, Denmark, France, Germany, Ireland, The Netherlands, Spain, Switzerland and the United Kingdom; and 5 from United States of America and Canada respectively. The participants and facilitators were generally from Non-Governmental Organisations, representing coalitions and networks together with a few representatives from National Human Rights Institutions. Some Commissioners of the African Commission contributed to the discussions at one point or another or sent in representatives to present on their behalf on issues of interest during the plenary sessions and the Special Interest Working Groups. These included presence of the Chairperson of the African Commission; the Special Rapporteur on Prisons and Places of Detention and Chairperson of the Committee on the Prevention of Torture in Africa; the Special Rapporteur on Human Rights Defenders; and the Special Rapporteur on Refugees and Internally Displaced Persons and Chairperson of the Working Group on Death Penalty. Two new Commissioners to be sworn in at this session, namely Mr. Pacifique Manirakiza and Mr. Med Kaggwa participated at some point. Their presence was very much appreciated by the participants.

The three-day activity was declared open by Dr. Kolawole Olaniyan, the Legal Adviser, International Secretariat of Amnesty International, London, represented by Mr. Noel Kututwa, who delivered the keynote address. Various representatives including the Chairperson of the African Commission on Human and Peoples’ Rights (ACHPR), Hon. Reine Alapini-Gansou; the Chairperson of the Governing Council of the African Centre for Democracy and Human Rights Studies (ACDHRS) and former Commissioner, Mr. Andrew Chigovera; and a representative of the NGO Forum Steering Committee, Ms. Corlett Letlojane from HURISA made statements at the opening ceremony. The Honourable Attorney General and Minister of Justice of The Gambia, Mr. Edward Anthony Gomez graced the occasion and gave a goodwill message. Mrs. Hannah Forster chaired the opening ceremony.

As usual, the programme was guided by the provisional agenda for the draft 50^th Ordinary Session of the African Commission circulated prior to this meeting and prepared in consultation with participants of the Forum, the NGO Forum Steering Committee and the Secretariat of the African Commission respectively.

The theme of the 30^th Anniversary of the Charter was adopted, aiming to review and formulate strategies and recommendations on the following themes:

New Developments in the human rights and democracy situation in Africa: As a way of updating the Forum, this session continued highlighted the state of human rights and democracy in Africa as well as the rights of specific groups. An overview as well as sub-regional situations were dealt with by the facilitators. The implementation of the Charter was used as a basis to measure progress made, challenges faced and propose the way forward in these presentations. Presenters and Participants agreed that the African Charter on Human and Peoples’ Rights was unique in that it does not have a precedent.

It was noted that despite the initial challenges, the Charter has through the African Commission and the constant engagement and vigilance of its partners have exceeded all expectations. The Charter provided a common normative framework invoked by civil society, governmental and inter-governmental institutions alike and there remain an important source of inspiration to all individuals and groups concerned with the promotion and protection of human rights in Africa.

It was observed that the Charter is now embedded in the human rights architecture of Africa and has inspired a wide range of other treaties, protocols and declarations, including the Protocol on the Establishment of an Effective African Court; the Protocol on the Rights of Women in Africa; Solemn Declaration on Gender Equality in Africa; Declaration of Principles on Freedom of Expression in Africa; the Robben Island Guidelines, among others to build on and deepen the provisions of the Charter.

Participants noted with satisfaction that the main implementing institutions, the Commission and the Court have harmonised their rules of procedure and collaboration set out.

Although the Charter and its implementation by the African Commission has not been able to stem the tide of human rights violations, its implementing body has endeavoured to address the numerous human rights violations confronting the continent.

In spite of the challenges faced, including the lack of resources and lack of political will in the domestication and implementation of the Charter, among others, the Forum noted that the case-law and jurisprudence developed on civil and political rights, so far is an indication of the prospects for the future. While acknowledging that Economic, Social and Cultural Rights has not received as much attention, the existence of the just concluded Guidelines on Economic, Social and Cultural Rights, opened new frontiers.

Some of the recommendations highlighted the need for the African Commission to urge State parties to universally ratify the Protocol to the Court; to enforce human rights at the national and regional levels and to also sign the declaration granting access to individuals and NGOs. It was observed that for the Charter to remain relevant for yet another 30 years ‘African leaders must take their obligations and commitments to establish an effective and accessible African Human Rights Court very seriously’ opined Dr. Olaniyan.

The role of civil society was emphasised as being critical to the process of raising concerns and promoting the human rights norms contained in the Charter. Noting the limited knowledge of the Charter by the populace for whom it is intended, that Forum underscored the need to empower Africans by expressing their readiness to collaborate in popularising the Charter and all other instruments that compose the African Human Rights System. The need to ensure the ratification and implementation of the African Charter on Democracy, Elections and Governance was also reinforced and requested the African Commission to urge States to facilitate the entry into force of the Democracy Charter by universally ratifying, thereby guaranteeing its entry into force. In so doing, they will be contributing the principled stances of the AU, from non interference to non indifference, a standard also outlined in the AU Charter.

Consequently, the progress made by some states was acknowledged, the continuing deterioration of others due to conflict and failure in constitutional obligations were illuminated for further consideration. Updates were received on the situation in many African countries which led to adoption of thematic, country resolutions and recommendations as listed below.

In celebrating, panel discussions on Economic Social and Cultural Rights was given much attention as an introduction to the just concluded guidelines by the Working Group set up by the African Commission. Furthermore, Housing as a right and exploring the issue of forced evictions gave much insight into the plight of Africans in certain countries, namely Zimbabwe, Chad, Kenya and Nigeria.

Freedom of Association was also explored and resonated in the Working Group reports

The Forum proposed that the rights of persons with Disabilities as well as that of other vulnerable groups be mainstreamed when it came to the formulation of resolutions and recommendations.

In line with the objectives of the Networking for Human Rights in Africa session, which was geared towards the provision of more information and interaction between the three main partners i.e. The African Commission; States; and Civil Society, in the development and maintenance of an effective human rights community, the Forum explored the potential of the sub-regional group in contribution towards the work of the African Commission. Opportunities for networking with the African Commission and NGOs were examined to examine the implementation of the Charter in their regions and to consolidate on the strategies for effective collaboration between these groups with a common goal of promoting and protecting human rights in Africa.

The sessions were well attended and were exemplified by vigorous participation and productive exchanges of information and experiences coupled with a high sense of responsibility. Participants approached their work with accustomed sense of purpose and objectivity. We recognized the progress made by the Special Mechanisms to address various human rights issues of common concern to the human rights community.

The Forum on the Participation of NGOs in the 50^th Ordinary Session of the African Commission on Human and Peoples’ Rights was declared closed by the Mr. Roger Bouka, a Legal Practitioner and Secretary General of the Fédération Internationale des Droits de l’Homme. Other speakers at the closing included Ms. Paulette Nyane-Ondo, representing the NGO Forum Steering Committee, Mrs. Hannah Forster, Executive Director of ACDHRS and Chairperson of the NGO Forum Steering Committee; and Hon. Commissioner Reine Alapini-Gansou, Chairperson of the African Commission on Human and Peoples’ Rights. A vote of thanks was made on behalf of participants by Ms. Mariam Kamunyu, FIDA-Kenya. The ceremony was chaired by Mr. Andrew Chigovera, Chairperson of the ACDHRS Governing Council.

On behalf of the Forum, Resolutions and Recommendations have been formulated and are hereby forwarded, to the African Commission for their kind consideration and as the contribution of civil society in Africa, and particularly of those NGOs with observer status with your august body. The Forum took the liberty of reviewing some of these resolutions and recommendations from the previous Forum.

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

1. Thematic Resolutions

TRES/001/10/2011 – Human Rights Defenders situation in Africa

TRES/002/10/2011 – Right to housing and the protection against forced eviction

TRES/003/10/2011 – Sexual Orientation and Gender Identity in Africa

TRES/004/10/2011 – Freedom of Assembly and Association in Africa

TRES/005/10/2011 – Rights of people living with HIV/AIDS and those at risk, vulnerable to and affected by HIV/AIDS

TRES/006/10/2011 – Impact of natural resources management on human rights

TRES/007/10/2011 – Freedom of Expression and Access to Information and protection of Journalists

TRES/008/10/2011 – Transformation of State controlled broadcaster into independent public broadcasters

TRES/009/10/2011 – Policing and Human Rights

TRES/010/10/2011 – Resolution on Women’s Rights in Africa

2. Thematic Recommendations

TREC/001/10/2011 – Granting of Observer Status to the Coalition of African Lesbians

TREC/002/10/2011 – Children’s Rights in Africa

TREC/003/10/2011 – State Reporting

TREC/004/10/2011 – Torture

3. Country Resolutions

CRES/001/10/2011 – Democratic Republic of Congo

CRES/002/10/2011 – Egypt

CRES/003/10/2011 –Guinea Conakry

CRES/004/10/2011 – Malawi

CRES/005/10/2011 – Mauritania

CRES/006/10/2011 – Nuba Mountain

CRES/007/10/2011- Sudan

Copies of these resolutions and recommendations, as well as the Declaration on the 30^th Anniversary of the African Charter will be forwarded to the Secretariat of the African Commission, in the original language of drafting, for onward transmission to the Commissioners while attempts will be made to read them under the relevant agenda item by representatives of the various Special Interest Group. Furthermore, it will be circulated to interested parties and partners as outcomes of the Forum. A full report will ensue.

ACDHRS

October 2011

Banjul, The Gambia

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 50^th 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 50^th 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 50^th Ordinary Session of the African Commission on Human and Peoples’ Rights and 24^th African Human Rights Book Fair held from 19^th – 21^st 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 – 21^st October, 2011

TREC/002/10/2011: Recommendations on Children’s Rights

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Recognising the child’s unique and privileged position in the African society as reiterated in the African Charter on the Rights and Welfare of the Child (African Children’s Charter) and the African Charter on Human and Peoples’ Rights (African Charter)

Noting with grave concern that children’s rights have seldom featured in the work of the Commission in the past thirty years since the adoption of the African Charter on Human and Peoples’ Rights; and

Deeply concerned that despite ACHPR Resolution 144 in 2009 calling for greater collaboration between the African Commission and the ACERWC, this has not been effectively implemented to yield results for the children on the African continent

Hereby recommend to the African Commission on Human and Peoples’ Rights to:

Reinforce its linkage and collaboration with the African Committee of Experts on the Rights and Welfare of the Child (ACERWC) by calling for a Special Rapporteur on Children. The mechanism can be from within or outside the Commission but still reports to the Commission; and

Mainstream child rights in the work of the Commission. To this end we call for the commission to develop guidelines on the child rights mainstreaming in all its activities.

Done in Banjul – 21^st October, 2011

TRES/006/10/2011: Resolution on the Impact of Natural Resources Management on Human Rights

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Stressing the interdependence between human and economic development as well as the integral and interdependent nature of the Earth, our home,

Recalling the 1981 African Charter of Human and People’s Rights in Africa as authoritatively interpreted by the 2011 Tunis Reporting Guidelines and the 2010 Nairobi Implementation Guidelines on Economic, Social and Cultural Rights,^¹ in particular Articles 20, 21 and 24 of the Charter protecting the rights of peoples to pursue their social and economic development in terms of policies they have freely chosen; to freely dispose of their natural resources in the exclusive interest of the people and to a generally satisfactory environment;

Recalling Principle 2 of the 1992 Rio Declaration on Environment and Development establishing State sovereignty over natural resources, read with Principle 1 that provides that “human beings are at the centre of concerns for sustainable development. They are entitled to a healthy and productive life in harmony with nature” and Principle 22 providing that “local communities have a vital role in environmental management and development and, as a result, their identity, culture and interests must be protected”;

Noting that among natural resources, an internationally agreed governance framework is beginning to emerge through the work of the UN Special Rapporteur on the Rights to Water and Sanitation for not only domestic water and sanitation but for upstream water management systems that need to operate in such a way as to respect these rights, and fight the fast depletion of water resources in Africa due to – priority given to diamond mining, excavation of shallow pools of water and foreign investors acquiring land for development;

Observing that current natural resources management are gravely hampered by ill-planned development, misappropriation of land, corruption, bad governance, misaligned budget priorities, lack of strong institutional reforms, weak policies coupled with continued denial of civil and political rights and prevailing insecurities, including military interventions in extractive areas;

Mindful of the disproportionate impact of human rights abuses upon the rural communities of Africa that continue to struggle to assert their customary rights to their land and resources;

Working towards a reaffirmation at the Rio+20 Summit in 2012 that natural resources management and international agreements must respect international human rights law and protect the integrity of the global environmental and developmental system,

The NGO Forum calls the African Commission to strongly recommend the African Union member States to:

Reaffirm that in accordance with the principle of state sovereignty over natural resources established in the Rio Declaration, the State has the main responsibility for natural resources stewardship and that the State must fulfill its mission in conformity with international human rights law;
Take appropriate measures to ensure participation, including the free, prior and informed consent of communities, access to information, fair compensation and accountability in the management of natural resources in order to bring their legislation in line with the Charter provisions as interpreted by the Commission in the Endorois decision,^² in terms of Article 1 of the Charter;
Vigorously fight corruption at all levels of decision making, in particular at the state level, by strengthening and enforcing criminalization of corruption and decisively ending impunity;
Place natural resources management under transparency, including through a certification process and protection of the freedoms of the press and expression;
Boldly ensure that natural resources management does not undermine the full enjoyment of basic human rights and the principles of equality and non discrimination as stated in the African Charter and the Tunis and Nairobi Guidelines, in particular the right to health, the right to property, the right to work, the right to culture, the right to housing, the right to food and the right to water and sanitation and that communities are protected from forced evictions;
Ensure the respect for human rights as to the exploitation of natural resources in international cooperation, international investments and trade regulation;
Provide appropriate resources to, in particular, the Working Group on Extractive Industries to enable it to discharge its function as provided for in Resolution 148/09;

The ACHPR Working Group on extractive industries is called upon to:

review existing standards, such as the 2009 ECOWAS Directive on mining, and monitoring processes, including identification of strengths, weaknesses, effectiveness and applicability in Africa;
review mining legislations in African countries and African mining vision 2050;
develop human rights impact assessments using country case studies and to look in particular at free prior informed consent; effective remedies; fair compensation; women and indigenous and customary people’s rights; environmental impact assessments, including impact on livelihoods, and ensuring public participation; protection of the individuals in the informal sector; and economic, cultural and social rights;
build upon the reviews above, to strengthen regional efforts and develop guidelines for the continent, that respect human rights of all and require transparent, maximum and effective community participation in a) decision making about, b) prioritisation and scale of, and c) benefits from any development on their land or other resources or that affects them in any substantial way;
mandate a Special Rapporteur to consult and collaborate with local civil society to facilitate legitimate, genuine and effective participation and actively raise awareness on the importance of proper management of natural resources

Done in Banjul – 21^st October, 2011

1 2010 Principles and Guidelines on the implementation of economic, social and cultural rights in the African Charter on Human and Peoples’ Rights (Nairobi Guidelines); 2011 State Party Reporting Guidelines for Economic, Social and Cultural Rights in the African Charter on Human and Peoples’ Rights’ (Tunis Reporting Guidelines).

2 276/03 : Centre for Minority Rights Development (Kenya) and Minority Rights Group (on behalf of Endorois Welfare Council) / Kenya

TRES/003/10/2011: Resolution to end all forms of Discrimination Based on Sexual Orientation and Gender Identity in Africa.

Posted on October 31, 2011 by admin

Recalling “the inherent dignity of and the equal and inalienable rights of all members of the human family” and that “All human beings are born free and equal in dignity and rights” and that all human rights are universal, interdependent, indivisible, and interrelated;

Affirming that “human beings of all sexual orientation and gender identity are entitled to the full enjoyment of all human rights” as established in the Yogyakarta Principles on the application of international human rights law in relation to sexual orientation and gender identity and as recently highlighted by the UN Secretary General Mr. Ban Ki Moon;

Further recallingArticle 2 and 4 of the African Charter on Human and Peoples’ Rights, the Declaration on the Rights and Responsibilities of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms (Declaration on Human Rights Defenders), the African Commission on Human and Peoples’ Rights Resolution ACHPR69[XXXV]04 on the Protection of Human Rights Defenders in Africa;

Noting the failure by states to ensure the enjoyment of the right to the highest attainable standard of health by everyone irrespective of their sexual orientation and gender identity, which has impacted to the scourge of HIV in communities of men who have sex with men (MSM) and women who have sex with women (WSW) despite the proven impact of the pandemic in these communities and the population at large;

Notwithstanding that human rights protection for all women are guaranteed in various international instruments including the U.N. Security Council Resolution 1325 on women, peace and security which deals with the impact of conflict situations on women and girls especially as victims of sexual violence, the African Commission on Human and Peoples’ Rights Resolution on the Right to a Remedy and Reparation for Women and Girls Victims of Sexual Violence, the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa, Article 18 of the African Charter on Human and Peoples’ Rights, Article 5 of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), the Solemn Declaration on Gender Equality in Africa, states continue to fail in their obligation to protect the rights of lesbian, bisexual and transgender women;

Noting that Article 60 of the African Charter requires the African Commission on Human and Peoples’ Rights to draw inspiration from the content of other international treaties and laws, and further noting that articles 2(1) and 26 of the International Covenant on Civil and Political Rights (ICCPR), to which all African states are party, as well article 2 of the International Covenant of Economic, Social and Cultural Rights (ICESCR) establish the principle of non discrimination on grounds of sexual orientation, as elaborated respectively by the United Nations Human Rights Committee and the United Nations Committee on Economic, Social and Cultural Rights; and that U.N. treaty bodies and Special Procedures, including the U.N. Working Group on Arbitrary Detention, the U.N. Special Rapporteur on torture and other inhuman, degrading and cruel punishments and treatments, the UN Committee on Social, Economic and Cultural Rights, and the Committee on the Elimination of Discrimination against Women, have consistently held that all U.N. treaties include protection against discrimination based on sexual orientation and gender identity;

Further noting the continuing and increasing human rights violations against individuals and communities on the basis of their sexual orientation and gender identity, which include arbitrary arrests, detentions, extra-judicial killings and executions, forced disappearances, extortion and blackmail, hate speech, violent attacks, including rape and other sexual assault, physical assaults, torture and murder, as well as the failure of protecting the rights to safety and security of the person, freedom of movement and association, freedom of expression;

Recognizing that lesbian, gay, bisexual, transgender and intersex people are not a homogenous group and that certain identities including race, ethnic and social origin, sexual orientation and gender identity, as well as legal, economic, social and cultural situations disproportionately impact on their experiences and access to the full enjoyment of all rights and freedoms;

Particularly alarmed for the situation of hatred against individuals on grounds of their perceived or real sexual orientation and gender identity by state and non-state actors across the continent, that recently resulted in the murder of Ugandan human rights defender David Kato; the rape and murder of lesbian activists in South Africa; the ongoing attacks against the LGBTI community in Cameroon; the homophobic campaign launched by media, and endorsed by religious and political leaders in Ghana; as well as for the attempt to reintroduce legislation allegedly criminalizing same-gender marriage in Nigeria, and the recent criminalization of same sex conduct between women approved by the Parliament of Malawi.

Call for urgent and sustained action by the African Commission on Human and Peoples’ Rights to ensure the realization of the full range of human rights for all people living on the African continent, in particular people whose sexual orientation and gender identity render them more vulnerable.

And further calls on the African Commission on Human and Peoples’ Rights to adopt a resolution to:

Acknowledge and condemn the continuing and increasing incidence of human rights violations, including murder, rape, assault, persecution and imprisonment based on perceived or actual sexual orientation and gender identity on the continent as a problem requiring urgent action;

Condemn discrimination and exclusion of individuals and communities from the enjoyment of rights and the full realization of their potential because of their sexual orientation and gender identity;

Specifically condemn the situation of hatred and systematic attacks by state and non-state actors against lesbian, gay, bisexual, transgender and intersex individuals with particular focus on the attacks against human rights defenders who are operating for the protection of LGBTI human rights in Uganda and South Africa, on the legislative measure under consideration in Nigeria and Malawi, on the ongoing arrests in Cameroun, on the homophobic campaign by media, religious and political leaders in Ghana;

Mandate the Special Rapporteur on Human Rights Defenders, the Special Rapporteur on the Rights of Women and the Special Rapporteur on the Freedom of Expression to coordinate a Special Committee to investigate, document and report on these violations in order to develop appropriate responses and interventions;

Create a mechanism to address human rights violations based on sexual orientation and gender identity;

Ensure that states put in place mechanisms for access to HIV prevention treatment and care services for everyone regardless of their sexual orientation and gender identity.

Strongly urge states to:

Comply with the African Charter on Human and Peoples’ Rights, and other binding international treaties, by repealing laws which criminalise non-heteronormative sexualities and gender identities, such as laws criminalizing sexual conducts between consenting adults of the same sex, or laws banning cross-dressing, and by amending other laws that are implemented with the purpose of persecuting individuals and communities based on their sexual orientation and gender identity, such as laws against indecency, impersonation, and debauchery, among others.

End impunity for acts of violation and abuse, whether committed by state or non-state actors, by enacting appropriate laws prohibiting discrimination and punishing hate crimes, ensuring proper investigation, arrests and punishment of the perpetrators, and establishing judicial procedures favorable to the victims.

Protect the right of all people, regardless of their sexual orientation and gender identity, to freedom of association and assembly, freedom of expression, and freedom to participate in civil society and key decision-making organs of government.

Done in Banjul – 21^st October, 2011

Resolution on the Appointment of a Special Rapporteur on the Right to Water and Sanitation

Posted on May 10, 2010 by admin

The forum on the participation of NGOs at the 47th Ordinary Session of the African Commission on Human and Peoples Rights at Banjul, The Gambia,

Reaffirming article 16 of the African Charter on Human and Peoples Rights which guarantees the right to enjoy the best attainable state of physical and mental health which includes the right to safe water and sanitation;

Recalling article 12(1) of the International Covenant on Economic, Social and Cultural Rights regarding the highest attainable standard of health which includes safe water and sanitation;

Recalling also article 14(2)(h) of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) which recognizes the right to adequate living conditions particularly in relation to housing, sanitation, electricity and water supply, transport and communication;

Recalling further article 24(2)(C) and (e) of the Child Rights Convention which recognize the rights of the child to safe drinking water, good nutrition and health of the child;

Reaffirming article 14(2)(C) on the African Chatter on the Rights and Welfare of the Child which states that parties to the present chatter shall undertake to pursue the full implementation of this right and in particular ….’shall ensure the provision of adequate nutrition and safe drinking water’;

Recognising that the rights to water and sanitation are enshrined in the right to health, education and safe environment;

Noting that the failure to fulfill the right to water and sanitation is worse felt by poor and vulnerable peoples including women, children, the physically challenged and People Living With HIV/AIDS (PLWHA);

Commending the African Union and the African Ministerial Council on Water for recognising the right to water and sanitation and prioritising same;

Concerned that Africa accounts for 585million (32%) of the 2.6billion people who lack access to improved sanitation and also accounts for 40% (342million) of the 884million people who lack access to safe drinking water as stated in the 2010 World Health Organisation Joint Monitoring Programme Report;

Concerned also that water and sanitation related diseases like Diarrhea and Cholera account for the second highest causes of child and infant mortality in Africa;

Noting with concern the failure by governments to fulfill the commitments made at regional and international treaties on rights and entitlements of citizens to water, including: Africansan in Durban (2007); First Africa Water Week in Tunis (2008) and the Africa Union Summit in Sharm-el-Sheik in 2008;

Therefore calls on the African Commission on Human and People’s to:

Appoint a Special Rapporteur on the Right to Water and Sanitation who will monitor and report to the commission progress towards addressing the right to water and sanitation;

Urge all State Parties to the Sharm-El-Sheikh and E-thekweni Declarations to set up operational structures that will ensure that the rights of citizens to water and sanitation are respected protected and fulfilled; and

Urge all State Parties to the African Charter on Human and People’s Rights to include in their Reports to the African Commission, progress towards fulfilling the right to water and sanitation.

Done in Banjul, May 10th, 2010

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

Posted on November 9, 2009 by admin

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 45^th 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 45^th 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

Resolution on the situation in Zimbabwe

Posted on November 9, 2009 by admin

We, the Participants to the Forum on the participation of NGOs in the 46^th Ordinary Session of the African Commission on Human and People’s rights,

Observing the many outstanding issues from the Global Political Agreement (GPA) signed by the representatives of the three main political parties in Zimbabwe on the 15^th September 2008 and the SADC Summit Communiqué of 29 January 2009;

Concerned that the human rights situation in Zimbabwe remains fragile despite the formation of the Inclusive Government;

Alarmed by a fresh wave of attacks on civil society representatives and MDC-T political officials and the general citizenry in the form of arbitrary arrests and detention and malicious prosecutions, unjustified persecution, physical attacks and harassment;

Recalling the commitment of the parties to the inclusive government to stop all human rights violations and to further “attend to all outstanding issues arising from the implementation of the GPA and the SADC Summit Communiqué of January 2009,” as reaffirmed in the Troika delegation’s statement released on 31 October 2009;

Taken aback by the recent deportation of the UN Special Rapportteur on Torture, and other cruel, inhuman and degrading treatment or punishment, Professor Manfred Nowak, by the Zimbabwean authorities on 28 October 2009;

Concerned by the parties’ failure to fully and effectively implement the Inter – party Political Agreement to its letter and spirit;

Hereby Call upon the African Commission to:

1. Re-affirm the primacy and pre-eminence of principles of good governance and free and fair elections as the hallmark to democracy;

2. Call upon the Inclusive government to re-affirm its commitment to uphold and respect human rights as envisaged by the African Charter;

3. Urge the government to re-affirm its commitment to respect international and regional human rights institutions and or mechanisms established by treaty bodies to which it is a party;

4. Urge the inclusive government to immediately implement measures to ensure the security of persons, in particular Human rights Defenders;

5. Urge the Inclusive Government to ensure that the Constitutional Reform Process is carried through without further delays as it is the gateway towards restoration of democracy and good governance;

6. Call upon SADC and the AU as the guarantors of the GPA to increase visibility by closely monitoring the situation in Zimbabwe.

Done at Banjul, November 9th, 2009

Recommendation on “Freedom of Expression”

Posted on November 9, 2009 by admin

We, participants at the 46^th session of the NGO Forum call upon the commission

1. to act on the resolution made during the previous session on Zimbabwe and send the Special Rapporteur on freedom of expression as a matter of urgency on a fact-finding and investigative mission to Zimbabwe regarding violations of the right to freedom of expression and to especially to pursue the following:

The arrests and prosecution of journalists and human rights defenders for exercising the right to freedom of expression.
Delay in freeing media space for a diverse and pluralistic media.
The repressive laws and institutions hindering the exercise and enjoyment of this right in Zimbabwe.

2. We call upon the Commission to pursue and act upon the disappearance of the Gambian journalist Chief Ibrahim Manneh who has been missing since 2006.

3. We also call upon the African Commission to urge the coalition government of Zimbabwe to implement the Commission’s 4 June 2009 ruling that it should repeal article 79 and 80 of Access to information and Protection of Privacy Act (AIPPA), which remains inconsistent with the provisions of the African Charter, as well as urge them to comply with the outcome of the commission’s 2002 fact-finding mission.

4. The Commission is also urged to put pressure on all countries to repeal all laws that criminalize the exercise of freedom of expression as in Zimbabwe, Gambia, Sierra-Leone and Tanzania and also urge them to put in place legislation that enhance the enjoyment of the right to freedom of expression such as freedom of Information laws, Sierra-Leone being an example.

5. We urge the commission to condemn the continuing attacks and persecution of the media in Tanzania which saw the shutting down of the Mwanahalisi news paper following the acid attack on two of its journalists. This is more so as it approaches its 2010 elections.

Done at Banjul, November 9th, 2009