Tag Archives: Torture

Declaration of the NGO Forum to the African Commission

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We the NGOs participating at the NGO Forum preceding the 52nd session of the African Commission on Human and Peoples Rights at La Foundation Felix Houphouet-Boigny, Yamoussoukro, Cote d’Ivoire from 6th- 8th October 2012

Contrary to previous NGO Forums during which numerous resolutions were presented to the Commission we will hereby present one declaration highlighting the various issues that we as the NGO Forum believe to be critical. While some of these issues have been addressed by the Commission additional work still needs to be done. The purpose of this document is to remind the Commission of the various resolutions presented about these issues and to encourage it to take the necessary steps to ensure that violations within these domains. Specifically, recommendations will be presented.

We recognize the Commission’s work towards the advancement of various mechanisms adopted over the years to improve human rights in the region despite the difficult working conditions in monitoring accountability and redress of violations.

Freedom of Expression

Regarding Freedom of Expression, the NGO Forum calls upon the African Commission on Human and Peoples’ Rights to:

  1. Adopt and actively implement ATI laws in line with Article 9 of the African Charter and the Declaration of Principles on FOE in Africa
  2. Ratify the AU treaties that impact on ATI and FOE on the continent
  3. Implement fully recommendations from the Commission
  4. Put in place urgent and effective mechanisms to protect journalists from attacks by State entities and private individuals
  5. We also urge the Commission to pass a resolution urging the AU Head s of State summit to urge Member States to pass a Special Declaration allowing citizens and CSOs direct access to the African Court on Human and Peoples’ Rights

Murder and Violence on the Basis of Sexual Orientation and Gender Identity

Regarding the murder and violence on the basis of sexual orientation and gender identity, the NGO Forum calls upon the African Commission on Human and Peoples’ Rights to:

  1. Pass a resolution condemning the increased incidences of murder and violence on the basis of real or perceived sexual orientation and gender identity across Africa and to call on States to respect their obligations under the African Charter to investigate and prosecute both state and non-state actors who perpetrate these violations and abuses

Indigenous Peoples

Regarding the rights of indigenous peoples, the NGO Forum calls on the ACHPR to:

  1. Ensure specific attention to and protection for the rights of indigenous populations uprooted from their lands and territories as a consequence of discriminatory government policies, the impact of armed conflicts, and the actions of private economic interests.

Refugees, Migrants, and IDPs

Regarding the state of refugees, migrants, and IDPs, the NGO Forum calls upon the ACHPR to:

  1. Support the SR to visit each sub-region, in particular South Africa, Libya, Equatorial Guinea, Mali, and Kenya, to identify the real situation of refugees and migrants and the state of their rights on the ground.
  2. Remind states of their obligations under the African Charter and other instruments related to migrant, refugee and IDP rights,
  3. Urge states to ratify, domesticate, and implement the provisions of the Kampala convention
  4. Encourage states to cooperate with SR visits, in line with their mandates.
  5. Reaffirm the ACHPR’s recognition of the rights of Indigenous People.
  6. Develop a binding protocol to the African Charter for non-state actors to comply with human rights standards
  7. Comply with article 169 of ILO
  8. Comply with the UN resolution on Indigenous Peoples.
  9. Ensure the legal enforceability of ESC rights of indigenous peoples.
  10. Ensure free prior informed consent as a framework for development that may affect the lives and livelihoods of Indigenous People.
  11. Ensure access to justice for people whose economic, social and cultural rights are violated
  12. Strengthen the legal enforcement of economic, social and cultural rights

People with Disabilities

Regarding the situation of people with disabilities in Africa, the NGO Forum calls upon the African Commission on Human and Peoples’ Rights to:

  1. Collaborate with civil society organizations to draft an African Protocol for Persons with Disabilities
  2. Urge member states which have not signed and ratified that United Nations Convention on the Rights of Persons with Disabilities to do so
  3. Support a visit by Special Rapporteurs to Mali and Cote d’Ivoire to investigate the state of the rights of persons with disabilities and elderly persons, and to include their findings in their report

Children’s Rights

Regarding the rights of the child, the NGO Forum calls upon the African Commission for Human and Peoples’ Rights to:

  1. Ensure coherence and collaboration between the various communications and state reports on issues regarding the rights of the child
  2. Facilitate the collaboration of Commission and Committee members stationed in the same country to conduct joint in-country missions regarding the rights of the child
  3. Urge member state to condemn the practice of human trafficking, particularly of women and children, address the root causes of such trafficking, and enforce measures against trafficking, and facilitate the return of victims of trafficking and provision of compensation
  4. Consider establishing a thematic group on youth to report on the state rights of youth in all reports, and submit all youth-related recommendations from their reports to the AU Committee on the Africa Youth Charter.
  5. Reinforce and accelerate cooperation between the AU Committee and the African Commission for Human and Peoples’ Rights

Pre-trial Detention, Policing, and Torture

Regarding the issues of pre-trial detention, policing, and torture, the NGO Forum calls upon the African Commission for Human and Peoples’ Rights to:

  1. Call on states to ensure that arrests are carried out on grounds clearly established by law, in accordance with international standards, without discrimination for any reason.
  2. Call on states to guarantee that prison conditions are in accordance with international standards and protect all rights of detainees
  3. Urge state parties to allow access to the Special Rapporteur on Prisons and Places of Detention in Africa to all detention facilities in their respective countries.
  4. Call upon states to uphold the international standards for prisoners’ rights to legal counsel, access to medical care, and freedom from torture
  5. Call upon states to ensure that police forces abide by international standards for public order policing, including refraining from the use of excessive force.
  6. Urge member states which have not ratifying the UN CAT to do so.
  7. Develop specific guidelines for member states to fully address the needs of survivors of torture as per Part III of the Robben Island Guidelines.

Women’s Rights

Regarding the status of women in Africa, the NGO Forum calls upon the African Commission to ensure:

  1. That the Special Rapporteur on Women’s Rights in Africa use the Protocol on the Rights of Women as a blue print to analyze all state reports and require that all state parties to the Charter and the Protocol ensure that women’s issues are incorporated into their reports on their countries.
  2. That all special mandates incorporate women’s rights in their specific mandates and closely collaborate with civil society to evaluate the progress of states in implementing of recommendations made by the Special Rapporteur on the Rights of Women.

 Transitional Justice

Regarding the issue of transitional justice in the African countries, the NGO Forum calls upon the African Commission to:

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

Environment, Human Rights, and Extractive Industries

Regarding the issues of environment, human rights, and extractive industries, the NGO Forum calls upon the African Commission to:

  1. Monitor the Marikana Commission of Inquiry and the Liability of Police and the Mining Companies in the events of 16th August 2012.
  2. We call for the establishment of the Special Rapporteur on Rural Development to focus on local communities and their land rights, environmental impact, consultation, compensation and reparation. 

Human Rights Defenders

Regarding the situation of human rights defenders in the African continent, the NGO Forum calls upon the African Commission to:

  1. Provide special attention and ensure protection for groups of human rights defenders who are facing greater risks, including as women human rights defenders, LGBTI activists, journalists, bloggers and others working in the field of media, defenders working in environment rights, defenders working during conflict situations, indigenous populations and people living in African islands.
  2. Urge member states to take effective steps towards demilitarization of institutions and reform of laws curtailing and criminalizing the work of human rights defenders, and include the UN Declaration on Human Rights Defenders in the national laws.

Death Penalty

Regarding the death penalty, the NGO Forum calls upon the African Commission for Human and Peoples’ Rights to:

  1. Strongly condemn the execution of nine inmates in The Gambia on 23 August 2012, as well as the secrecy which surrounded the execution and the refusal to return their bodies to relatives, and call upon the government of Gambia to respect the right to life and to comply with the moratorium on the death penalty
  2. Condemn the executions that took place in South Sudan in 28 August 2012

Country Situation of Particular Concern; Sudan

Regarding the special situation of Sudan, the NGO Forum calls upon the African Commission for Human and Peoples’ Rights to:

  1. Condemn the killing of civilians by Sudanese government in Darfur, in the Nuba mountains and in the Blue Nile

Reprisals

On the issue of reprisals against those who cooperate with the African human rights system, the NGO Forum acknowledges the adoption by the African Commission in its 50th session of the resolution ACHPR/Res.196(L) 2011 calling on African states to end reprisals against individuals and groups which collaborate with the African human rights system. However, those who collaborate with the African human rights system continue to be targeted. Therefore, the NGO Forum requests the commission to set up a follow-up mechanism which will allow the Commission to collect all the cases of reprisals and to hold concerned governments accountable, taking the UN system as an example.

Done in Yamoussoukro, Ivory Coast

8th October, 2012 

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

TREC/004/4/2012: Recommendation on Torture in Africa

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We the participants at the NGO Forum preceding the 51st Ordinary Session of the African Commission on Human and Peoples’ Rights (ACHPR) and the 25th African Human Rights Book Fair held from 14th-16 April, 2012 in Banjul, The Gambia call on the African Commission to:

  • Urge all member states to close all secret detention facilities and make known the location of all detention facilities operating in their respective countries and allow access and monitoring of all police stations, prisons and detention centre by independent oversight bodies including national human rights institutions and NGOs.
  • Urge all member states to develop a central database capturing all places of detention (including prisons and police cells), their capacity, total lock up, persons detained and duration in custody as well as ensure effective documentation, investigation and redress of all cases of torture.
  • Request that member state should establish mechanisms to effectively prevent arbitrary arrests, torture and extra-judicial killings perpetrated by state agents and prosecution of all such cases within their jurisdiction.
  • Encourage all member states to effectively provide full reparation, including rehabilitation and support to victims of torture as well as free medical treatment and legal redress.
  • Urge all member states to criminalise torture and fully implement the provisions of the United Nations Convention Against Torture (UNCAT), the Optional Protocol to the Convention Against Torture (OPCAT) and the Robben Island Guidelines (RIG) and reflect the steps taken in this direction in their periodic reports to the African Commission.

Done in Banjul – 16th April, 2012

 

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

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

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

All protocols respectfully observed

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

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

Your Excellencies, Distinguished Ladies and Gentlemen

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

Your Excellencies, Distinguished Ladies and Gentlemen,

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Distinguished Ladies and Gentlemen

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

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

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

Your Excellencies, Distinguished Ladies and Gentlemen,

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

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

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

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

Distinguished Ladies and Gentlemen

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

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

Your Excellencies, Distinguished Ladies and Gentlemen

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

Your Excellencies, Distinguished Ladies and Gentlemen,

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

Distinguished Ladies and Gentlemen,

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

Your Excellencies, Distinguished Ladies and Gentlemen

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

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

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

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

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

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

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

Thank You.

HJF

ACDHRS-October 2011

 

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

 

TRES/009/10/2011: Resolution on Policing and Human Rights

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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

Being aware that a police that uphold the principles of Rule of Law is essential in the maintenance and enforcement of law and order and the promotion of citizen safety in a manner compliant with the rights enshrined in the African Charter in articles 1 ,5 and 6;

Concerned that the recent past has witnessed numerous examples, across the continent, of a police that disregard the rule of law and act outside of agreed standards of human rights and Codes of Conduct. This includes failure to protect citizens, harassment, inappropriate use of force by the police, lack of accountability, extrajudicial killing and summary executions, arbitrary and illegal arrest and torture and inappropriate police responses to the public order and policing of assemblies;

Recognising that policing in Africa is often characterised by the post conflict history of the Continent is often impeded by limited budgets, lack of training, poor equipment, poor working conditions, disregard of police officers human rights, corruption, poor strategic planning in criminal justice and antiquated laws;

Recognising the growing demands placed on police by national and transnational crime threats and migration will place increasing pressure on policing and that meaningful dialogue between civil society and the police can generate important knowledge exchanges;

Noting the outcome of recent continental and international discussions on security sector reform that there is a need to use regional and continental mechanisms to encourage and support countries to undertake sustainable security sector reform;

Acknowledging the important work being done at the SADC, ECOWAS and EAC to promote human rights and policing through mechanism like Codes of Conduct and Common Standards of Policing.

Acknowledging human rights is a critical facet of security sector reform and that the ACHPR as an independent continental organisation is in a unique position to champion an African dialogue on policing and human rights;

Recognising, the need for relevant actors such as states, regional and continental mechanisms like the ACHPR, National Human Rights Intuitions national police agencies and civil society to work closely together to promote policing compliant with human rights standards.

We urge the African Commission to:

  • Establish a focal point responsible for policing and human rights within the African Commission and ensure policing is a specific and consistent theme of State reports and country visits. Such a focal point will include representation from the police, the state and civil society.
  • Support the facilitation of regional conferences on policing and human rights to build towards a continental conference on Policing and Human Rights.

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

Statement on Extra-Judicial Killings and Enforced Disappearances to the 49th Ordinary Session of the ACHPR

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The Kenyan Section of the International Commission of Jurists: is a registered non-governmental organization that seeks to protect human rights, and promote the rule of law and democracy in Kenya and across Africa through the application of legal expertise and international best practices.

Independent Medical Legal Unit is a registered non-governmental organization that seeks to promote the rights of torture victims and protect all persons in Kenya from all forms of torture by advocating for legal and policy reforms, monitoring government’s adherence to human rights rehabilitating victims of torture, forensic investigations and documentation of torture cases and capacity building of key stake holders.

The Republic of Kenya is a country in East Africa. Lying along the Indian Ocean to its southeast and at the equator, it is bordered by Somalia to the northeast, Ethiopia to the north, Sudan to the northwest, Uganda to the west and Tanzania to the south. Kenya is a country of 47 counties each with its own government semi-autonomous to the central government in the capital, Nairobi.

The Kenyan Section of International Commission of Jurists and the Independent Medico Legal Unit condemns the Human Rights Violations perpetrated by the State security agents in Kenya.

We have noted with concern the rise of enforced disappearances and extrajudicial killings in Kenya; and wish to petition the African Commission on Human and Peoples Rights on behalf of our clients, the aggrieved families and victims of gross human rights violations perpetrated by the police. We continue to receive evidence of the existence of a police extortion rings within special crime prevention units operating in Nairobi and Central Province within the Kenyan Republic that has given rise to the upsurge of extra-judicial killings, torture and forced disappearance of innocent civilians in Kenya.

That these police units are known to abduct innocent civilians and extract ‘protection fees’ from them using threats of execution. Some detainees are even required to ask their friends or relatives to send money to their phones (through mobile phone money transfers system) in order to secure their release. They are also asked to send regular amounts of money to specific police officers from the unit to avoid being arrested, evidence of which we have obtained.

That these police units arbitrarily arrest civilians and detain them in unconventional places, at undisclosed destinations and travel in unmarked vehicles whose number plates they change frequently, acts that are clearly illegal.

That efforts by various human rights organization to highlight and combat with these violations by the police unit have been met with the same wrath that their clients have been exposed to given that the said police officers openly intimidate human rights defenders by threats and actual aggression.

THAT notwithstanding the lodging of formal complaints to various police stations by families of the deceased, injured and missing persons and numerous calls for investigation and arrest of the perpetrators, no inquests and prosecutions have been initiated in compliance of the Criminal Procedure Code (Cap 75, Laws of Kenya).

That despite formal complaints by human rights organizations to his office, the Commissioner of Police has refused, failed and/or neglected to take action against the perpetrators and instead the police spokesperson, has made press statements in been a blanket defense of the Kenya Police Service.

That these violations have been previously investigated and documented by the Kenyan National Commission of Human Rights in a report titled “ The Cry of Blood” which is an account of at least 500 cases of enforced disappearances, torture and extra judicial killings within this context. Notwithstanding bringing this report to the attention of the Attorney General and The Commissioner of the police no action has been taken.

That by such inaction, not only is the Commissioner of Police failing to safeguard the right to life and the absolute prohibition of torture guaranteed under Articles 25, 26 and 29 of the Kenyan Constitution and further is in disregard of Kenya’s  international obligations under the International Covenant on Civil and Political Rights, Convention Against Torture and African Charter on Human and Peoples’ Rights all ratified by Kenya and which form part of the laws of Kenya in accordance with Article 2 of the Constitution.

THAT the said inaction is also a furtherance of non-implementation of specific recommendations by the United Nations on Kenya’s human rights situation, and in particular, the concluding observations of the United Nations Committee Against Torture (Nov 2008) where in the matter of Extra judicial killings and enforced disappearances the Committee  where the Committee urged the State party (Kenya) to conduct immediate, prompt and impartial investigations into the serious allegations and ensure that perpetrators are prosecuted and punished with penalties appropriate to the grave nature of their acts as required by the Convention. The Committee further urged the State Party to take all possible steps to prevent acts such as the alleged extra judicial killings and enforced disappearances”

Following a fact finding mission by the United Nation Special Rapporteur on extra judicial, arbitrary or summary executions Professor Philip Alston on the 16th – 25th February 2009 the Special Rapporteur received documented  systematic widespread and carefully planned extra judicial executions by the Kenyan police as contained in his report to the  UN Human Rights Council in June 2009.

To date ,The perpetrators  are yet to be held accountable for this human rights violations despite the recommendations made in this report.

That it is unacceptable that such flagrant and widespread human rights violations and extortion be allowed in contravention of the African Charter on Human and People’s Rights and the Kenyan Constitution.

We therefore recommend that

i)     The Commission carry out a fact finding mission be sent to Kenya to investigate the continued increase of extra judicial killings and uphold the sanctity of the right to  life.

ii)   That the Commission urge the Kenyan Government to respect its domestic and international obligations and put into place measures to prevent further extra judicial killings such as prompt and independent investigation of complaints and the prosecution of persons found responsibility and the compensation of victims and families of victims whose rights were infringed as a result of the extra judicial activities of the police.

In conclusion we call for the unconditional release of the Kenyan Human Rights Defender  Al Amin Kimathi  Coordinator Muslims Human Rights Forum arrested and illegally detained and maliciously prosecuted on terrorism related charges following his documentation of cases on Rendition of Terror Suspects.

Presented to the African Commission in April 2011.

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

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

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

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

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

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

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

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

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

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

Your Excellencies, Members of the Diplomatic and Consular Corps;

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

Distinguished Governing Council Members of the African Centre for Democracy and Human Rights Studies (ACDHRS);

Distinguished Members of the NGO Forum Steering Committee;

Honourable Members of the National Assembly;

Honourable Ministers;

Distinguished State Representatives;

Venerable Religious and Traditional Leaders;

Representatives of National Human Rights Institutions;

Representatives of National and International NGOs;

Representatives of the Press;

Distinguished Ladies and Gentlemen;

All protocols respectfully observed

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

Your Excellencies, Distinguished Ladies and Gentlemen

We would like to express our gratitude to the Government and people of The Gambia for their hospitality, in facilitating the activities of the 48th Ordinary Session and to reiterate the appreciation of the Forum of NGOs for the continued hospitality and warmth accorded them since their arrival on Gambian soil.

Your Excellencies, Distinguished Ladies and Gentlemen,

In keeping with tradition, the NGO Forum was held for three days prior to the commencement of this Session of the Commission. As usual, the turnout was remarkable, the debate objective and professional leading to commendable outcomes. Over 190 representatives from 32 African countries participated including 40 participants from Asia, Australia, Europe, The USA and Latin America.

The Forum acknowledged that although challenges in the human rights and democracy situation on the continent persists leading to violence, insecurity and conflict, some real and positive developments have been registered in a good number of African countries.

The increasing trend of collaboration between state and non state actors for human rights in Africa was viewed as very positive.  It was also noted that the development of a human rights strategy for Africa as well as the launching of the African Women’s Decade 2010-2020 were indeed a step in the right direction.

The full report of the Forum together with the adopted resolutions and recommendations will be forwarded, for the kind consideration of your distinguished body, as our contribution to your deliberations at this 48th Session.

Distinguished Ladies and Gentlemen

I would crave your indulgence, however, to present to you some highlights of the said deliberations.

The Forum would like to draw your attention to a number of incidents, which have occurred in recent months and have raised the concern of participants. Full details are provided in the resolutions and recommendations emanating from the Forum.

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

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

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

Consequently, we would wish to reiterate our request to the African Commission to ascertain the veracity of these reports and to adopt a resolution publicly condemning all violations of international human rights and humanitarian law committed by all parties in all conflicts in Africa and to work with the African Union in their resolution.

Distinguished Ladies and Gentlemen

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

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

Your Excellencies, Distinguished Ladies and Gentlemen,

Although the situation of Human Rights Defenders on the continent continues to be precarious, we are heartened by steps taken the African Commission to address this challenge.  The Forum however, urges the African Commission to consider the preparation of resolutions on countries with such disturbing prevailing circumstances relating to HRDs and to urge States to implement the UN Resolution on HRDs.

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

Distinguished Ladies and Gentlemen

Similarly, we would wish to reiterate the fact that increasing numbers of African migrants, refugees and internally displaced persons are forced to leave their homes, leading to total disruption of their livelihoods as a result of insecurity and conflict. It was noted that illegal migration has indeed compounded the situation, not to mention the attendant criminalisation of migration.  The Forum sincerely hopes that States would speedily ratify and implement the African Union Convention on the Protection of Refugees and Displaced Persons, which will hopefully help to mitigate the suffering of millions of refugees and IDPs in Africa.

The need to offer special protection to the elderly, the disabled and particularly to women and girl children who often find themselves open to abuse as a result of break down in security, in all circumstances, was also raised.  It was proposed, however, that the working group established for the elderly and the disabled should be separated as these were fundamentally different conceptually and normatively.  While restating that disability does not mean inability, it was believed that this course of action will allow for more focused intervention on these two issues by the African Commission.  The African Commission is urged to include and provide access to these special group of persons to their sessions.

The deplorable situation of indigenous populations, was noted. The increased exploitation of land owned by these populations as well as their vulnerability, it was agreed, needed more attention.

Consequently, The Forum would like to request the African Commission to carry out systematic regional consultations through its Working Group on Indigenous Populations and to consider establishing a mechanism by appointing a Special Rapporteur on Indigenous Populations. It is unfortunate that the Republic of Kenya is yet to implement the Commission’s ruling on relating to the Endorois community.

The Forum noted that challenges exist in the maintenance of prisons and places of detention and the use of torture in some States and hereby request the African Commission to urge States to ratify and implement the Convention Against Torture and it Optional Protocol to prohibit torture and to accelerate the establishment of the National Preventive Mechanisms and therefore contribute to the systematic monitoring of prisons and places of detention as well as the use of torture.  We urge the Committee on the Prohibition of Torture in Africa (CPTA) to explore the possibilities for closer cooperation with the Sub Committee on the Prevention of Torture (SPT).

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

Your Excellencies, Distinguished Ladies and Gentlemen

The continuing depletion of Africa’s natural resources as well as the deterioration of the environment as a result of the lack of transparency in investments and corporate policy was also a subject of review.  While the African Commission was commended for setting up a working group on this theme, it was necessary to consider the formulation of mechanisms to protect Africa from exploitation in its various forms.

In a bid to support the strengthening of international justice, The Forum fully endorses the principles of the State’s Responsibility to Protect and continue to request the African Commission to urge Member States to fully collaborate with the International Criminal Court in order to prevent and atrocities in Africa.  Furthermore, the African Commission is urged to take note of the legacy of the International Criminal Tribunal for Rwanda and to strengthen the mechanisms for the fight against impunity.

Distinguished Ladies and Gentlemen

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

The Forum continued to encourage more collaboration and joint actions between the Institutions of the African Union especially the African Commission on Human and Peoples’ Rights and the Committee of Experts on the Rights and Welfare of the Child. While urging the African Commission to make a clear statement that violence against children is a violation of human right, the need to increase investment in education and to prioritise the right to education was flagged as being very crucial to the development of children.

The Forum would like to reiterate its call for the African Commission to look into the issue of citizenship and nationality as many groups in Africa are increasingly being classed as stateless.   It should be noted that migrants, refugees, asylum seekers and internally displaced persons not to mention the large groups of women and children that are trafficked within our porous borders are affected the most.

The African Commission is urged to work with its partners to carry out a fact finding mission on this subject in a bid to develop a mitigation strategy.

Your Excellencies, Distinguished Ladies and Gentlemen

On behalf of all the participants, I would wish to again congratulate the Commission and indeed Her Excellency, the Chairperson, particularly on the occasion of the launching of the 30th Anniversary of the adoption of the African Charter, for the many missions and achievements registered, and would wish to reiterate the readiness of the NGO community to work with the Commission and its mechanisms in the realization of their mandates.

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

Permit me, Madam Chairperson, to express our profound gratitude to the African Commission for your collaboration and support in the organisation and facilitation of the NGO Forum.  We would equally like to extend our appreciation, through you, to the Secretariat of the African Commission, and particularly to the Secretary and the Legal Officers, for the interest and continued support enjoyed by the NGO community, particularly those with observer status.  We will continue to urge as many of our participants in the wider community to apply for observer status and thereby play their role and to benefit from the access provided by this great institution.

Within this framework of collaboration, the Forum wishes to request the African Commission to urges States to cooperate in the operationalisation of their commitment to the UPR process. The need to draw inspiration from the African Peer Review Mechanism process has been proposed.

Your Excellencies, Distinguished Ladies and Gentlemen,

Participants to the Forum of NGOs reiterated their satisfaction for the continuing elaboration process of the African Governance Architecture and the insightful decision to dedicate the forthcoming January 2011 AU Summit to the theme of “Shared Values”.  This process encompasses the formulation and eventual adoption of a human rights strategy for Africa as well as the ratification and entry into force of the African Charter on Democracy, Elections and Governance (ACDEG). Lack of independence of the electoral systems has made elections in Africa a growing source of conflict and spurred by the substance of the ACDEG, participants have committed themselves to actively support the call of the Department for Political Affairs of the African Union Commission to campaign for its speedy ratification and implementation.

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

The Forum also noted that many African and International instruments have been ratified by States, which is commendable.  However, the challenge remains that there is need to harmonise and implement these treaties at the national level in order to maximise their impact. Consequently, we would wish to appeal to States, which have not ratified these pertinent treaties, to speedily ratify them and therefore enable their inevitable implementation.  We similarly, urge those who have ratified to ensure that harmonisation does take place to speed up their implementation and thereby give life to their provisions.

Distinguished Ladies and Gentlemen,

The entry into force of the Protocol to the African Charter relating to the Rights of Women in Africa continues to be a beacon of hope for the promotion and protection of human rights in Africa.

We, therefore, wish to congratulate all the 28 countries that have ratified the Protocol and fervently hope that universal ratifications by other states would usher in that much needed momentum to put into action gender equality in our various countries. The recent launch of the African Women’s Decade was also lauded considering that it also provided an opportunity to review and redouble efforts to further the women, peace and security agenda.

The Forum reviewed the linkages between HIV/AIDS and the provisions of the Charter and its mechanisms and wishes to acknowledge that Violence Against Women is adequately covered in the African Women’s Protocol and there was need to consider the establishment of a mechanism on the Right to Health, which is very important to women in these trying times of violence and conflict, which has grave consequences for the women and girls.  Furthermore, we request that the African Commission urge states to operationalize United Nations Resolutions 1325 and 1820, particularly in the development of their national plans of action.

The importance of management of human rights information and documentation was also a subject of discussion, considering that quality of our work depends to a large extent to the efficient organisation of information.  The Forum commits itself to building capacity in this area and calls on the African Commission to take the advantage of opportunity provided by the expertise within civil society.  The development of the Case Law Analyser by HURIDOCS on ACHPR cases and decisions held by the Institute for Human Rights and Development in Africa is indeed a good example of the complementary role of information management for the benefit of human rights individuals and institutions.

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

I would like to conclude by extending a plea from the Forum to the African Commission to reconsider its decision regarding the rejection of observer status to an organisation working on LGBTI issues and to provide more information on this case.  The Forum reiterates the readiness of your partners, particularly NGOs with Observer Status to work in collaboration with the African Commission to further complement your efforts in your work to promote and protect human rights, good governance and the rule of law in Africa.

Madam  Chairperson

On behalf of the participants of the Forum on the Participation of NGOs in the work of the 48th session of the African Commission, allow me to wish you, Your Excellency, and all the Commissioners a successful session.

 

Thank You

HJF /ACDHRS


Resolution on the absolute prohibition of Torture and Cruel, Inhuman and degrading Treatment and the conditions of Detention and Prisons in Africa

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We the Participants to the NGO Forum in preparation of the 48th Ordinary Session of the African Commission on Human and Peoples’ Rights (ACHPR),

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 Article 5 of the African Charter on Human and peoples’ Rights (“African Charter”);

Alarmed by the lack of prompt access of detainees, especially while in police custody, to lawyers, doctors, health facilities and family members and the insufficient recording of arrested persons kept in police custody; as well as the inability of detainees to challenge conditions of detention and denial of access to their families and lawyers especially in Algeria;

Concerned by the continuous detention of mentally challenged persons in places of detention in some members states and the lack of care taken by state officials to ensure that mentally challenged persons receive adequate treatment in medical and psychological facilities;

Preoccupied by the conditions of detention of death row inmates; and the indefinite detention of death row inmates as a form of torture;

Concerned by the long delays in providing detainees with access to justice in violation of Articles 6 and 7 of the African Charter;

Concerned by the continuous existence of illegal places of detention in several Member States, and the rendition of detainees to other jurisdictions where they are subjected to torture and ill-treatment;

Concerned by the continuous practice of enforced disappearance in certain Member States, a practice which facilitates torture and ill-treatment and amount to torture in itself;

Alarmed by the widespread and continuous use of torture and ill-treatment of people deprived of their liberty by law enforcement officials and state security agents in violation of Articles 4 and 5 of the African Charter;

Condemning the fact that violation of Article 5 of the African Charter are committed in several Member States with complete impunity.

Call on the African Commission on Human and peoples’ Rights to adopt a resolution at its 48th ordinary session, urging States to:

Improve the conditions of places of detention in line with international human rights standards, in particular the Robben Island Guidelines and the articles 4 and 5 of the African Charter;

Ratify and effectively implement the Convention against Torture and cruel, inhuman and degrading treatment and punishment, particularly those States that are yet to do so;

Domesticate and harmonise the provisions of the Convention against torture into national legislation and to ensure that national legislation provides for prompt and adequate investigations into allegations of torture and to provide victims of torture with effective remedies;

Set up National Preventive Mechanisms to ensure full compliance with the Optional Protocol and to ensure that national Human Rights Organisations have full access to all persons held at all places of detention;

Ratify and fully implement the international Convention for the protection of all person from enforced disappearances;

Abolish the death penalty, particularly to prisoners on the death row; and

Implement the recommendations issued by the Commission in relation to torture and conditions of detention.

Further call on the African Commission to:

Urge the CPTA to develop a comprehensive strategic plan of action to adequately address the issue of torture and to create dynamic initiatives which will enhance existing preventive mechanisms of torture and ill-treatment in Africa.

 

Done at Banjul,  November 9th, 2010