Tag Archives: Violations of Civil and Political Rights

Statement at the Special Edition of the 52nd Ordinary Session of the African Commission on Human and Peoples’ Rights, held on 9th October 2012 at the Fondation Felix Houphouet Boigny, in Yamoussoukro, Ivory Coast

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Your Excellency, Alassame Ouattara, President of the Republic of Cote D’Ivoire; and Chairperson of ECOWAS;
The Lord Mayor of Yamoussoukro;
Your Excellency, The Prefect of Yamoussoukro;
My Lord, Chief Justice of The Republic of Cote D’Ivoire;
Honourable Members of the National Assembly;
Honourable Ministers of the Republic of Cote D’Ivoire;
Your Excellency, 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);
My Lord, Chief Prosecutor of theInternational Tribunal Court on Rwanda;
Your Excellency, Madame Navi Pillay, High Commissioner for Human Rights;
Members of the United Nations Family present – UN OHCHR, UNOCI and UNOWA;
Your Excellencies, Members of the Diplomatic and Consular Corps;
The Chairperson and Executive Governing Council Members of the African Centre for Democracy and Human Rights Studies (GC/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

Twenty-five years is indeed a milestone! It is a historic and important time, whether it is in the life of any human being or any institution.  It is a time to muse over those moments that have brought success in its wake as well as those other moments we might have changed, given the opportunity.  It is indeed a time to pause, to reflect and to get more prepared for a sombre stance towards the challenges of the future, having been armed with the wisdom and experience of the past.

It is, therefore, my pleasure coupled with a great sense of humility that I stand before this august gathering of the African human rights community, on this auspicious occasion of the 25th Anniversary of the African Commission on Human and Peoples’ Rights (hitherto referred to as ACHPR or The African Commission), charged with the responsibility to give a statement on behalf of all my colleagues of the Forum of NGOs in the Work of the 52nd Ordinary Session of the African Commission on Human and Peoples’ Rights.

Before I proceed, permit me to request that we observe a moment’s silence for those Commissioners who have passed on.  We remember in particular the first Chairperson, Mr. Isaac Nguema, under whose leadership the African Commission started its first foot forward.

On behalf of the Governing Council 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 to accompany you in this walk along memory lane in a bid to realign your priorities and chart your forward direction.

Your Excellencies, Distinguished Ladies and Gentlemen

The Forum wishes to also express its gratitude to the Government and people of The Republic of Cote D’Ivoire, this land of warm hearted Africans, for their hospitality, in facilitating the activities of this landmark session, the 52nd Ordinary Session and to reiterate the appreciation of the participants of the Forum of NGOs for the warmth afforded them during the preparatory mission, and moreover since their arrival in Cote D’Ivoire.  We note, with admiration that Cote d’Ivoire is hosting this momentous session of the ACHPR and has also taken it in its stride to present its initial state report to the African Commission, despite the challenges and austerity measures this beautiful land has been going through.

Your Excellencies, Distinguished Ladies and Gentlemen,

The Forum on the Participation of NGOs in the 52nd Session of the African Commission on Human and Peoples’ Rights, was held from the 6-8 October, 2012, just before this historic Session of the African Commission.

In keeping with the celebration of twenty-five years of the African Commission this year,  the Forum adopted the theme ‘Celebrating 25 years of the African Commission 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.  The African Commission has indeed developed various instruments, made decisions and mechanisms to match this growing tide.  This august body has been able to adopt its rules of procedure streaming its operations and clarified various provisions of the Charter to States Parties and other stakeholders; developed guidelines setting minimum standards for compliance with the Charter; established mechanisms which have contributed to the building of jurisprudence as well as to the provision of information to the Commission; made laudable contributions to international human rights law in its communications; examined the states reports of about 40 states parties; granted affiliate status to National Human rights Institutions and observer status to Non Governmental Institutions; among other developments. Moreover, we are all here today, witnesses at this momentous silver jubilee session of the African Commission and would like to take this opportunity to salute, most especially, all past and present Commissioners.  We congratulate the current Chairperson, HE Catherine Dupe Atoki and Members of the African Commission; the Secretary and Members of the Secretariat for continuing to keeping the torch of human rights shining; to all State Parties and indeed the people of Africa for whom this treaty body was established.

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 the consultative 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 situation in some States have remained a cause for concern, including Mali, Sudan and DRC where serious and massive human rights violations are being perpetrated against civilian population, serious challenges which call for a constant and increasing strengthening of the protective and promotional mandate of the Commission. The ‘Marikana incident’ in South Africa; the increasing and continuing Boka Haram attacks in Nigeria were also among the issues discussed.

Furthermore, the treatment of prisoners especially those on the death row brought the recently related cases that took place in The Gambia to the fore.  As a result the Forum called on States to respect the right to life and the moratorium on the death penalty.

The Declaration of the Forum will be forwarded, for the kind consideration of your august body, as our contribution to your deliberations at this 52nd Session.

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.

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 furtherance of human rights, good governance and the rule of law in Africa.  The Forum participants have continued to demonstrate their  dedication to the work of the African Commission by their enthusiastic and passionate contributions to the preparations leading to their participation in this Session.

The Forum, while pleased with the progress made by the African Commission notes that serious challenges with the potential to affect its effectiveness persist. I would like to take this opportunity to launch an appeal to states and indeed the international community to continue to support the strengthening of this institution, which will, no doubt, go a long way towards the effective implementation of it mandate.

Your Excellencies, Distinguished Ladies and Gentlemen

On behalf of ACDHRS and indeed the participants of the Forum of NGOs, allow me to wish The Honourable Chairperson and all the Members of the Commission, fruitful deliberations and a successful silver jubilee session.

Thank You for your kind attention.

HJF,
ACDHRS,
October 2012

OS52-NGO Statement (full text in English, PDF)

African Civil Society Call for the relocation of the African Commission on Human and Peoples` Rights headquarters from The Gambia

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8 October 2012

To: Heads of government of AU member states,
CC: Ministers of Foreign Affairs in Africa
Permanent Representatives to the African Union;
Members of the African Commission on Human and Peoples’ Rights

African Civil Society Call for the relocation of the African Commission on Human and Peoples` Rights headquarters from The Gambia

Excellencies,

We, the undersigned non-governmental organisations, participating at the NGO Forum and the 52nd Ordinary Session in Yamoussoukro and to the  commemoration of the 25 years of the establishment of the African Commission Commission on Human and Peoples’ Rights, are writing to call to your attention the ongoing widespread and systematic human rights violations in  The Gambia and to call on African Union Member States to take urgent action for the relocation of the African Commission and Human and Peoples` Rights headquarters from The Gambia.

The Gambia government has over the years walked a path of continuous infractions on the fundamental rights of the Gambian citizenry, specifically in the following instances- the assassination of Deyda Hydara and the  extra-judicial killings of 48 innocent migrants, [mostly Ghanaians] in 2005; disappearances of Ebrima (Chief) Manneh and Daba Marena and five other security officials in 2006;  the abduction, stigmatisation and drugging of mostly elderly women accused of being ‘witches’ in 2007;  and the continuous harassment and jailing of journalists and illegal closure of private media houses deemed critical of the Gambia Government; and the systematic dismantling of institutions of governance- the legislature and judiciary particularly.

The continued threats heaped on human rights defenders- especially given utterances made by President Jammeh, that he cannot guarantee the safety of human rights defenders working in The Gambia, does not make Banjul an ideal human rights capital of the African continent. Gambia`s government has breached every single principle that the African Human Rights Charter espouses, and  it has been requested, on numerous occasions, to respect its obligations to the Human Rights Charter, especially given the fact that it is hosting the Commission.

President Yahya Jammeh’s regime’s continued position to ignore the calls for reforms by its peers, civil society and the international community and its determination to continue to violate the rights of its own citizens through the rule of terror, and instilling fear within the general public, was further proven when it illegally executed nine inmates on death row, (following a pronouncement by President Jammeh to kill all death row inmates) and conspired with state security agencies to cover it up.

Moreover, the contempt shown by The Gambia government to the ECOWAS Court, by its refusal to honor the court ruling to produce Chief Ebrima Manneh and compensate his family, as well as compensate Musa Saidykhan for torture meted out to him whilst under the custody of state security agents.  Arbitrary arrests and cruel treatment has now become a weapon wielded by the Jammeh regime against the citizenry, where acts of police brutality are rampant.

The African Commission on Human and Peoples’ Rights must now, after decades of humiliation and disrespect shown to it by the Gambia government, be freed of the shackles of its host nation, and provided with the a home that respects and espouses the prescribed articles of the continental human rights Charter: article 3- equality before the law and protection by the law; article 4- respect for human life; article 6- right to liberty and protection from arbitrary arrest; article 7- right to fair trial and presumption of innocence until proven guilty; article 9: right to receive information and express and disseminate such information within the law; article 10- freedom of association; article 11- freedom of assembly; article 12- freedom of movement; article 25 duty to promote human rights; article 26- duty to guarantee independence of courts.  All such articles have been systematically and deliberately breached by the regime of the very nation that such a sacred document was named after, and entrusted with the privilege of hosting a continental human rights body.

Excellencies,

The government of The Gambia has betrayed the trust of its own citizens and foreign nationals alike. And it has also demonstrated that it is an unreliable partner and an unworthy host of an enterprise established to protect and promote the rights of the African citizenry.  The sole honour of calling Gambia host of the ACHPR must now be withdrawn; a bold move that will demonstrate Africa’s resolve to uphold the sanctity of life, right to liberty, freedom, good governance and democracy.

We believe that the Government of the Gambia does not possess the moral authority in principle and practice, to continue to be bestowed with the privilege of hosting a human rights Commission secretariat, since it has demonstrated time and again that the protection of and respect for human rights is not a priority. The act of relocating the human rights Commission from The Gambia will be a milestone in our collective journey travelled over the 25 years we marched, as we embarked on a continental quest of promoting human rights for every African man, woman and child; irrespective of ethnicity, political leanings, different orientations, religion or race.

We therefore call on all member states of the African Union, to relocate the African Commission on Human and Peoples` Rights from The Gambia;

Excellency, we thank you for your attention to these concerns. We remain available to provide further information as may be useful.

Sincerely,

OS52-letter relocation Commission (full text in English, PDF)

Letter regarding the human rights situation in Eritrea

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Dear Honourable Minister,

The participants of the above-mentioned Forum present their compliments to your respective offices.

We, the undersigned non-governmental organisations, participating at the NGO Forum and the 51st Ordinary Session of the African Commission on Human and Peoples’ Rights, are writing to call to your attention the ongoing widespread and systematic human rights violations in Eritrea and to call on African Union Member States to take urgent action to respond to this appalling situation.

In September 2001, eleven prominent government officials who demanded implementation of the Constitution and ten independent journalists were arbitrarily arrested and detained. Over ten years later, their fate is unconfirmed: while some are reported to have died in detention, the others remain in harsh detention centres without due legal process. Thousands of their fellow citizens face a similar fate. An Eritrean can be arrested and imprisoned without charge or trial for years upon end merely for being critical of the government, belonging to what the government defines as a ‘wrong’ religious group, or refusing to comply with the indefinite national service imposed on all Eritreans over the age of 18 years.

Torture, arrests, killings and forced labour are common. No independent civil society organizations have permission to operate inside Eritrea, and since 2001 there has been no independent domestic media.

The humanitarian situation in Eritrea is critical. Food is rationed and distributed by the government and severe hunger is widespread. The health infrastructure, such as it exists, cannot cope with the burden of widespread infectious diseases.

Members of Eritrean civil society in exile and their supporters have sought redress at the African Commission on Human and Peoples’ Rights. In two separate decisions, the African Commission has found the government to be in violation of fundamental rights contained in the Charter and requested the release of the government officials held incommunicado since September 2001 (250/02 Liesbeth Zegveld and Mussie Ephrem vs. Eritrea; November 2003) and for at least 18 journalists also held incommunicado to be given access to their lawyers (275/03 Article 19 vs. Eritrea; May 2007). To date, Eritrea has ignored both these decisions.

Concern for the situation in Eritrea has also been expressed at the United Nations. In a resolution tabled by Nigeria and Gabon in December 2011, the UN Security Council decided to extend sanctions on Eritrea. A number of UN special procedures have sent communications and requested country visits, which the government has so far ignored. Most recently in March 2012, 44 countries from all regions supported a statement at the Human Rights Council requesting the High Commissioner on Human Rights to report on the situation of human rights in Eritrea.

We believe that the dire human rights situation in Eritrea merits a more sustained and serious engagement on the part of the African Commission on Human and Peoples’ Rights.

The undersigned organisations therefore recommend:

  • The African Commission on Human and Peoples’ Rights to take all necessary measures for the effective implementation of their decisions and to seek support from all stakeholders, including member states of the African Union;
  • the member states of the African Union to ensure the effective implementation of the ACHPR decisions on Eritrea;
  • the members states of the African Union, especially those who are members of the UN Human Rights Council, to support the appointment of a Special Rapporteur who would report to the UN Human Rights Council on the human rights situation in Eritrea;
  • the Government of Eritrea to permit special mechanisms of the ACHPR and the UN special procedures unhindered access to visit the country.

While thanking you for your kind consideration, please accept the assurances of our highest consideration.

Yours Faithfully,

Hannah Forster (Mrs)

Executive Director

Chairperson, NGO Forum Steering Committee

On behalf of the participants of the NGOs Forum

achpr51-ngo forum-letter-eritrea-2012-eng (letter, PDF)

CRES/001/4/12: Resolution on Angola

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

Deeply concerned about the bad human rights record in Angola, the repressive laws to restrict operations, performance and activities of human rights organizations, the media, the press and journalists, which contradict commitments and obligations on the African Charter

Concerned about the lack of democratic participation of the citizens and consultations in the processes of development in the country.

Concerned that organizations working on the African system of human rights were not consulted in the preparation of the state report presented by the government of Angola at 51st session of the African Commission.

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

  • Comply with its obligations under the ACHPR and the Angolan Constitution to end impunity, arbitrary detention, torture and harassment of citizens participation in democratic processes, including marches, demonstrations and picketing
  • Respect Article 11 of the ACHPR which guarantee freedom of expression, freedom of the press, internet media, right to assembly and association
  • To implement the law enacted in 2006 guaranteeing freedom of the press and protection of journalist and HRDs
  • To implement Art 22 of the ACHPR to ensure indigent communities benefit from national strategy addressing poverty
  • To ensure the rights of the Khoisan population are respected in all spheres of society and benefit from the national developmental programmes
  • To end illegal demolitions of properties of indigent population, including women, children, elderly, people with disability and compensate the internally displaced people according to provisions of the Charter and law
  • Speed up the process of creation and establishment of National Human Rights Institutions according to Article 26 of the ACHPR

 

Done in Banjul – 16 April, 2012

 

 

Letter regarding the recommendations of the International Commission of Inquiry on Libya

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Your Excellency, Madam Chairperson  and Honourable Commissioners

FORUM ON THE PARTICIPATION OF NGOs IN THE 51ST SESSION ORDINARY SESSION OF THE AFRICAN COMMISSION ON HUMAN AND PEOPLES’ RIGHTS AND 25TH AFRICAN HUMAN RIGHTS BOOK

14-16 APRIL, 2012 – BANJUL – THE GAMBIA

The participants at the above-mentioned Forum present their compliments to the African Commission on Human and Peoples’ Rights and request the latter to establish a mechanism to monitor the implementation of the recommendations of the International Commission of Inquiry on Libya formulated in its report released in March 2012.

At the 19th session of the United Nations Human Rights Council, the Commission of Inquiry on Libya established by Resolution S-15/1 of February 2011 presented its report. The Commission of Inquiry had the mandate “to investigate all alleged violations of international human rights law in the Libyan Arab Jamahiriya, establish the facts and circumstances of such violations and of the crimes perpetrated and where possible, to identify those responsible, to make recommendations, in particular, on accountability measures, all with a view to ensuring that those individuals responsible are held accountable.”

The report investigated violations occurred under Gaddafi regime, those committed during the armed conflict and the ongoing human rights violations.

In its conclusions, the Commission of Inquiry found that international crimes, specifically crimes against humanity and war crimes, were committed by Gaddafi forces in Libya, particularly acts of murder, enforced disappearance, and torture were perpetrated within the context of a widespread or systematic attack against a civilian population. Additional violations include unlawful killing, individual acts of torture and ill-treatment, attacks on civilians, and rape.

The thuwar (Gaddafi forces) also committed serious violations, including war crimes against humanity and breaches of international human rights law, unlawful killing, arbitrary arrest, torture, enforced disappearance, indiscriminate attacks, and pillage.

Furthermore, the Commission also found civilian casualties caused by the North Atlantic Treaty Organization (NATO) and found as well targets that showed no evidence of military utility.

Following its investigation, the Commission of Inquiry made important recommendations concerning the human rights protection in Libya and respect of democracy. Among them a call upon the African Commission on Human and Peoples’ Rights to establish a mechanism to monitor the implementation of recommendations, in particular measures taken to ensure respect for human rights, in the longer term.

The African Commission has been deeply involved in the resolution of the Libyan crisis. Establishing a monitoring mechanism, as recommended by the Commission of Inquiry, ould be the best way for the African Commission to ensure adequate follow up of the fragile human rights situation in the country and would contribute to the fight against impunity for past abuses in Libya.

We therefore strongly encourage the African Commission to accept the Commission of Inquiry’s recommendation and establish a monitoring mechanism for the implementation of the Commission of Inquiry’s recommendations without delay.

We thank you for the attention you give to this request and remain at your disposal should you need further information.

Yours faithfully,

Hannah Forster (Mrs)
Executive Director, ACDHRS
Chairperson, NGO Forum Steering Committee
On behalf of the participants of the NGOs Forum

achpr51-ngo forum-letter-lybia-2012-eng (letter, PDF)

Resolution to end all forms of discrimination based on sexual orientation, and gender identity in Africa

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We, the participants to the NGO Forum in preparation of the 49th ordinary session of the African Commission on Human and Peoples’ Rights,

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 recalling Article 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 69[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;

strong>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 by 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, including the brutal killing of Noxola Nogwaza; the recent arrest of three men in Cameroun on count of same-sex conducts; as well as for the attempt to introduce legislation criminalizing same sex conducts in the Democratic Republic of Congo 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:

  1. 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;
  2. 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;
  3. 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 the Democratic Republic of Congo and Malawi, on the recent arrests in Cameroun;
  4. 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;
  5. Create a mechanism to address human rights violations based on sexual orientation and gender identity;
  6. 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.
  7. Strongly urge  states to:

7.1   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.

7.2    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.

7.3   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.

Resolution on the Situation of Human Rights in Djibouti

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NGO Forum of participation meeting in Banjul (Gambia), from 25 to 27 April 2011 at the occasion of the 49th Ordinary Session of the African Commission on Human and Peoples’ Rights,

Considering the result of the presidential elections held in April 8 2011, vitiated by the failure of the participation of opposition parties and this steadily since 2003;

Condemning violations of human rights repeatedly against civilians, members of opposition parties, independent trade unionists, journalists and human rights defenders by the Djiboutian authorities, including acts of torture, of degrading and inhuman treatment, as well as arrests and arbitrary detentions, and judicial harassment;

Condemning the violent repression by the Djiboutian authorities of peaceful demonstrations that took place in February and March 2011 that have caused several deaths by gunfire, dozens injured, during which dozens of demonstrators were arrested;

Deeply concerned about the repeated arrests of members and leaders of opposition parties and human rights defenders, including Mr. Jean-Paul Noel Abdi, President of the League Djiboutian Human Rights (LDDH) and harassment judiciary against him, and the continued detention of Farah Abadid Heldid, LDDH member  as well as 71 political prisoners;

Considering the OAU Declaration on Principles Governing Democratic Elections in Africa AHG/Decl.1 (XXXVIII) and the African Charter on Democracy, Elections and Good Governance signed by the Republic of Djibouti in June 15, 2007;

Recalling the Resolution on elections in Africa adopted at the 44th and 47th sessions of the ACHPR in which the Commission is “deeply concerned by the deteriorating situation of human rights in some African countries before, during and after election periods” and calls on states to “ensure protection before, during and after the elections, journalists, human rights observers and supervisors of election intimidation and other abuses of human rights“;

Noting the joint declaration of international missions observing presidential election of April 8 2011 in  the Republic of Djibouti;

Recalling the resolution – ACHPR/Res.61 (XXXII) 02 (2002) -  adopted in October 2002 by the Commission  establishing Guidelines and Measures for prohibition and prevention Torture and Cruel, Inhuman or Degrading Africa (Guidelines Robben Island);

Considering articles 1, 2, 3, 4, 6, 7, 8 and 11 of the African Charter on Human Rights and Peoples’ Rights;

The NGO Forum of participation meeting in Banjul (Gambia) from 25 to 27 April 2011 on the occasion of the 49th Ordinary Session of the ACHPR asks the Commission to adopt a resolution:

Condemning the violations of human rights perpetrated in Djibouti against civilian populations;

Calling on the authorities of Djibouti to:

1.      Fully respect the right to life and physical and moral integrity, freedom of expression and opinion, and freedom to choose their political representatives in accordance with the provisions of the African Charter on Human Rights and Peoples’ Rights;

2.      Release all prisoners of conscience and human rights defenders, Farah Abadid Heldid, or if necessary, to prosecute them on fair trial and in a timely manner;

3.      Ratify the African Charter on Democracy, elections and good governance, ensuring the holding of multiparty, free, democratic and transparent elections in the future.

 

Done in Banjul, April 27th, 2011

Resolution on Freedom of Expression and Protection of Journalists

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We, Participants at the NGO Forum in preparation of the 48th Ordinary Session of the African Commission on Human and Peoples’ Rights; from 7th – 9th Nov. 2010, in Banjul, The Gambia,

Considering that the situation of freedom of expression in Africa drastically deteriorated in 2010;

Considering that article 9 of the African Charter on Human and Peoples’ Rights guarantees freedom of expression;

Considering the Declaration of Principles on the Freedom of Expression in Africa which proclaims that freedom of expression is a ‘fundamental right’ and includes ‘the right to receive information and express one’s opinions’;

Considering the Declaration of Principles on the Freedom of Expression in Africa which provides that states shall review all criminal restrictions on content to ensure that they serve a legitimate interest in a democratic society;

Considering the importance of freedom of expression and its direct relation to other fundamental freedoms;

Recognizing the increasing momentum of the movement of freedom of expression community in Africa;

Considering the role of the media and journalists in promoting the right to free expression and expanding the boundaries of free speech;

Deeply concerned about:

  • Increased and continued killings of journalists and associated media personnel in Africa, particularly in Somalia, Nigeria, Angola, Uganda and the Democratic Republic of Congo.
  • The diminishing independence of the judiciary and its detrimental consequences on  Freedom of Expression (FOE) and media rights in many African Countries, particularly in Tunisia, The Gambia, Burundi, Uganda and the Democratic Republic of Congo;
  • The existence, continuous enactment and use of repressive media laws such as false news, seditious libel, criminal defamation, emergency and terrorism laws in many African countries, including the protection of information and privacy laws in South Africa;
  • The increasing pressure on journalists to disclose their source of information;
  • The emerging and sophisticated tactics used by governments to repress free expression and the rights of media practitioners such as pressure exerted on media owners and editors;
  • The deteriorating state of freedom of expression and of the press in Tunisia, particularly the worsening health of imprisoned journalist Fahem Boukaddous who is at the verge of death.

Condemning in the strongest terms possible:

  • The harassments, threats, intimidations, arbitrary arrests, illegal detentions, kidnapping, beatings, jailing and censorship of journalists particularly in Eritrea, Egypt, The Gambia, Togo, Cameroon, Tunisia, Burundi, Democratic Republic of Congo, Uganda, Nigeria, Zimbabwe and Somalia;
  • The attempt by the South African Government to create a statutory media regulatory body as well as the Protection of Information Bill which if passed without amendments will have excessive punitive measures for anyone found in possession of classified information.

Supporting:

  • Existing self-regulatory bodies and any other initiatives to set up such bodies in African Union member states according to Article 9 of the Banjul Declaration on Freedom of Expression;

Commending:

  • The African Union Commission (AUC) in cooperating with the Federation of African Journalists (FAJ) in promoting safety and protection of African journalists;
  • The government of Liberia for the passage of a Right to Information Act;
  • All governments that have repealed seditious libel and criminal defamation laws;

Welcoming the African Union Commission’s stance on promoting press freedom illustrated by the Commission’s statement marking the World Press Freedom day on 3 May 2010;

Endorsing the outcome of the continental Workshop on Safety and Protection of African Journalists organized by the Federation of African Journalists and the department of Communications and Information of the African Union Commission in collaboration with ARTICLE 19 and International Trade Union Confederation – African Regional Organization (ITUC-Africa) in September 2010 in Addis Ababa;

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

1. Pressurize member States of the African Union to probe all violent actions against journalists which have occurred in their territories when their armed or security forces may have been involved in them;

2. Urge the African Union and its member states to adopt the proposed resolution on safety and protection of African journalists in the upcoming African Union summit.

3. African Union member States to execute the duty incumbent upon them to thwart crimes against journalists and investigate alleged perpetrators of this heinous crimes and bring them to justice; and to offer witness protection for those testifying against perpetrators;

4. Take all necessary measures to ensure that member states comply with their obligations under the African Charter and the Declaration of Principles on the Freedom of Expression in Africa;

5. Call on member states of the African Union to release all prisoners of conscience imprisoned for peaceful exercise of their rights of expression, assembly and association;

6. Call for the intervention of the Special Rapporteur on Freedom of Expression and Access to Information and the Chair of the Commission to provide technical support and guidance to South Africa in its deliberation on these potential threats to Freedom of Expression;

7. Endorse the Declaration of Table Mountain (DTM) adopted by World Editors of Newspapers-IFRA in Cape Town in 2007 to repeal in all African Countries insult and criminal defamation laws.

8. Call upon members states of the African Union to ensure the passage of a Right to Information (RTI) law;

9. Call upon member states of the African Union to respect the provisions of their various constitutions with regards to the independence of the judiciary and separation of powers;

10. Put pressure on African Union member states to release all journalists and other Free Expression advocates in detention and make the safety and protection of journalists a priority;

11. Convene in the next session of the African Commission of Human and Peoples Rights a high level panel on freedom of expression and protection of journalists;

12. Encourage African governments to respect the plurality of the print media and allow state broadcasters to operate as true independent public service broadcasters.

 

Done at Banjul, November 9th, 2010

Resolution on Freedom of Expression

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We, the participants to the NGO Forum in preparation of the 47th ordinary session of the African Commission on Human and Peoples’ Rights,

Deeply concerned about the state of freedom of expression and freedom of information is considerably deteriorating in Africa;

Worried about the grave reality that Somalia is the most dangerous place in Africa today for journalists and other media workers, and that since January 2009 ten journalists have been killed in targeted attacks;

Concerned about the incessant emasculation of media and journalists rights and to the freedom of expression in Uganda where the government authorities have continued to violate the rights of journalists and the media in the past two years;

Deeply disheartened and disturbed by the situation of freedom of expression and the journalists rights in Eritrea that take the pride in jailing and detaining journalists incommunicado since 2001;

Very depressed about increasingly repressive situation of journalists in Cameroon and Zimbabwe that threatens enjoyment of fundamental human rights of freedom of expression which led grave violations of free press in Zimbabwe and Cameroon;

Concerned about the suppression of freedom of expression and press freedom in Tunisia despite the highly elaborate legislative and institutional architecture in the country;

Further deeply concerned about repression of the freedom to express, choose, impart and share on religious believes;

We urge the commission to:

1. Express its solidarity with the hapless Somali journalists and to condemn, in no uncertain terms, the continued and perilous violence against journalists and other media workers in Somalia.

2. Call upon the government of Uganda to demonstrate its stated commitment to freedom of expression, democracy and to immediately end attacks on the right to freedom of expression and of the press including the ban on media houses and live radio debate programmes.

3. Put pressure on the Gambian government to produce journalist Chief Ibrahim Manneh and to investigate the killing of Deyda Hydara

4. Demand member States to abolish all draconian laws that curtail the right to freedom of expression and of the press as stipulated in the African charter, to encourage member States to immediately enact laws of freedom of information and to decriminalise all media offenses.

5. Play the leader’s role by taking appropriate actions that would lead to the unconditional and immediate release of the journalists from prisons in Eritrea.

6. Demand Cameroonian authorities to immediately end attacks on the media and provide an independent and reliable report on the death of Bibi Ngota who died in pre-trail detention.

7. Implement the recommendations on Zimbabwe that was adopted by the commission during the 46th session requesting the special rapportuer on freedom of expression to conduct a fact-finding and investigative mission to Zimbabwe and to repeal article 79 and 80 of Access to information and protection of privacy act (AIPPA).

8. Convene a high-level panel on the protection of journalists in Africa in the 48th session of the African Commission of Human and People’s Rights.

9. Conduct a fact finding mission to Tunisia for an objective and documented assessment of the situation of a pluralistic and independent media, freedom of association, the independence of the judiciary and the detention of prisoners of opinion.

10. Put pressure on all governments and armed groups to adhere and respect their international obligations to bring to an end the culture of impunity, to foster lasting peace and the rule of law, and to bring to an end the fear of journalists to be killed, tortured, injured, kidnapped and being held hostage, especially in conflict areas.

 

Done at Banjul, May 10th, 2010