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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)

Summary Report of the NGOs Forum preceding the 51th Ordinary Session of the African Commission on Human and Peoples’ Rights and 25th African Human Rights Book Fair: 14-16 April 2012 – Banjul, The Gambia

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The Forum on NGO Participation in the Work of the 51st Ordinary Session on the African Commission on Human and People’s Rights and the 25th African Human Rights Book Fair, organised and facilitated by the African Centre for Democracy and Human Rights Studies in collaboration with the African Commission on Human and Peoples’ Rights and the NGO Forum Steering Committee was held at the Kairaba Beach Hotel, in Banjul, The Gambia from 14-16 April, 2012.

The Forum brought together over 200 participants and facilitators from over 26 countries in Africa and included participants from in Europe, and the United States. The participants and facilitators were generally from Non-Governmental Organisations with a few representatives from National Human Rights Institutions and government non-governmental organisations in the deliberations. Five Commissioners participated at one point or another. A number of Commissioners of the African Commissioners or steered the discussion in the Special Interest Working Groups relevant to their mandates. This participation was noted and welcomed by all participants, which was a source of motivation.

The three-day activity was declared open by Hon. Commissioner Soyata Maiga, Special Rapporteur on the Rights of Women in Africa on behalf of the Chairperson of the African Commission on Human and Peoples’ Rights (ACHPR); The keynote address presenting an overview of the situation of human rights and democracy in Africa was delivered by Madame Souhayr Belhassen, President of the FIDH (International Federation of Human rights Leagues). Various representatives including the Attorney General and Minister of Justice, Mr. Lamin Jobarteh, who welcomed participants; A Representative of the NGO Forum Steering Committee – Mrs. Paulette Oyane-Ondo; and the Executive Director of ACDHRS made statements at the opening ceremony.  The occasion was chaired by Mr. Mohammed Mabassa Fall, Executive Committee Member, Governing Council, African Centre for Democracy and Human Rights Studies.

The programme was guided by the provisional agenda for the 51st  Ordinary Session of the African Commission circulated prior to this meeting and prepared in consultation with participants and the Secretariat of the African Commission respectively, with the aim to review and formulate strategies and recommendations on the following themes:

  • New Developments in the human rights and democracy situation in Africa:  The inaugural presentation by Madame Souhayr Belhassen highlighted the state of human rights and democracy in Africa as well as the rights of specific groups. She acknowledged the progress made by some states and noted the deterioration in others due to armed conflict, tribal wars, calamities and environmental degradation and failure in constitutional obligations. In the session that ensued, The Forum then concentrated much attention on the two countries whose country reports would be considered at the 51st Session, namely Sudan and Angola. Reports on Sudan, while praising an African Charter compliant country tolerant enough to allow a woman to run for the presidency, the voices remained equally critical of the continuing genocide and impunity in that country.  In a presentation supported by film footage, Angola was depicted as having made some positive strides especially developments in meeting the MDGs, the brutal suppression of the freedom of expression, freedom of association and the curtailment of freedom of information was a cause for concern as were severe violations of the rights of women.  Corruption and nepotism, it was pointed out, is a syndrome in both countries.  Diverse situations were raised, including legislations to muzzle freedom of the press and media and the hazardous situation of human rights defenders, among others.
  • Considering the conflicting array of news coming out of Mali, and the interest it has been stirring in Africa and beyond, The Forum was also briefed on the situation.  The worsening humanitarian crisis in that country torn in two with various rebel factions in the northern half struggling for independence while the other half is recovering from the rude shock of a coup d’état barely a month before elections which has tarnished the 20 years of democracy in that country. The need for humanitarian assistance was a matter of urgency as famine is creeping in that Sahelian landlocked country.
  • Guinea Bissau was also reviewed in the aftermath of its inconclusive elections. Other issues of concern and raised included the rising unrest of the Boko Haram sect in Nigeria; the increase in violent repression of non-violent demonstrations in many African countries including Tunisia;  the developments following the Arab Springs; forthcoming elections, especially Egypt; repressive laws and pending bills before parliaments against people of different sexual orientation and gender identities particularly in Cameroon, Liberia, Malawi and Uganda; the situation and growing impunity in some countries including DRC, Burundi and Somalia, among others
  • Thematic special interest groups reviewed the situation relating to Refugees and Internally Displaced Persons; Minorities and Indigenous Persons; Women and Children; the Death Penalty. Human Rights Defenders; the International Criminal Court; Torture; the African Court; the International Criminal Court; and Freedom of the Press; Torture; Prison conditions and many others as well as proposed strategies for effective networking and participation in the African Commission.
  • In reviewing the positive developments best practices were show cased.  Women and property rights were highlighted, with an emphasis on ownership rather than just possessory rights.  Beneficiaries of the project have made strides in Ghana, Cameroon, Nigeria and Tanzania and elsewhere in interventions providing legal aid as well as making the linkages between knowledge, ownership and HIV/AIDS.  It was noted however, that in spite of much success, sustainability after donor withdrawal remains a challenge faced by a number of the grantees.
  • Another best practice was the operationalisation of UN Resolution 1325 as an ideal mandate for the participation of women in the political process and the example of the ‘Situation Room’ as a tool that has trained women to take their place in the electoral processes was also shared reinforcing advocacy for greater involvement of women in the electoral process successfully implemented in Liberia and Senegal. However, the challenge of meeting the quota for women’s representation remained.
  • In continuing the celebration of 100 years of women’s rights advocacy, The Forum highlighted many other developments including discussion on reproductive health and rights centred around Article 14 (1) (e) and (d) of the Protocol on the Rights of Women in Africa.
  • Emphasis was also made on the need to further develop advocacy strategies for the universal ratification and implementation of the Protocol to the African Charter on the Rights of Women in Africa as well as the African Charter on Democracy, Elections and Governance. 
  • The intersection between HIV/AIDS and human rights promoted the use of the Protocol as one of the main tools to address this endemic was reviewed bearing in mind the fact that women suffer much more than men under the scourges of this pandemic, especially under a climate of violence against women.
  • The disturbing situation of human rights defenders was brought to the fore with the viewing of a poignant film show on “The Chebeya Affair : A State Crime” a chronicle of an exceptional trial and fascinating political thriller about the work and death of Floribert , Chebeya, the late human rights activist from the Democratic Republic of Congo.
  • The Forum discussed in depth the issue of Freedom of Expression and Access to Information led by the African Platform on Access to Information campaign. Rooted in the provisions of Article 19 of the Universal Declaration of Human Rights, Article 9 of the African Charter on Human and Peoples’ Rights, Article 4 of the Declaration of Principles on Freedom of Expression in Africa and the Windhoek Declaration on Press Freedom. It was worthy to note that 18 AU member states provide constitutional guarantees to access to information. The Forum was urged to endorse the need for governments and relevant bodies to advance the right of access to information.
  • Furthermore, discussion on state broadcast systems taking into consideration the values entrenched in the Declaration of Principles on Freedom of Expression in Africa revealed that reform has been slow. The call was therefore raised for the urgent transformation of public broadcasters to unfettered systems free from political interference and governed by independent boards answerable to parliaments. Access, it was opined, is no longer a media or journalism matter but is about human rights.
  • The intersection between human rights violations and extractive industries in Africa was revisited in greater depth during this session. Presentations highlighted the environmental challenges, safety, security and the sometimes corrupt collusion with states and non state parties as well as customary law and the need to consider reparation for damage to land and society. It is evident that capitals where diamonds are mined have the poorest neighbourhoods and worst quality of lives. The Forum requests the African Commission to urge states and the international community to address the situation by developing and or harmonising legislation to reflect rights and environmental protection as well as other accountability and monitoring mechanisms in collaboration with human rights groups. In the same vein, it was also agreed that reparation should be given much attention.
  • In line with the objectives of the Networking for Human Rights in Africa session, which was geared towards the provision of more information between the three main partners i.e. the African Commission; States; and Civil Society, in the development and maintenance of an effective human rights community, the Forum was updated on some of the advocacy interventions by civil society at the UN Human Rights Council in three main areas of interest to the Forum, namely the case of Eriteria, Libya and LGBTIs.  A degree of success was registered in all three cases.
  • Opportunities for networking and collaboration continue to be at the core of Forum. It was therefore worthy to note that networking and collaboration continues to be one of the objectives of the Forum. Relationships among civil society and between civil society and other partners especially the African Commission were examined to consolidate on the strategies for effective collaboration between these groups with a common goal of promoting and protecting human rights in Africa. Civil Society access to support and collaborate with this network among others was revisited and shared among participants. Consultations were held to enhance the development of the Defending Civil Society toolkit developed by World Movement for Democracy seeking to address principles that enhance the observance and respect of human rights defenders in a bid to collect and share various tips and inputs for the sharing of information.

As is usual, the sessions were well attended and characterised by a dynamic and interactive participation coupled with a sense of purpose as well as constructive exchanges of information, experiences and expertise. Participants approached their work with much determination, energy and objectivity. We recognized and applaud the progress made by the African Commission and its mechanisms to ensure the effective promotion and protection of human rights in Africa.

The Forum on the Participation of NGOs in the Work of the 51st Ordinary Session of the African Commission on Human and Peoples’ Rights was declared closed by the Chargée d’Affaires of the European Union Mission in the Gambia, Madame Agnés Guillaud. The Representative of the Commissioner for Political Affairs, Dr. Salah Hammad gave an update on the development of the Human Rights Strategy for Africa, the Africa Governance Architecture; the Africa Governance Platform and the Year of Shared Values. Other speakers included H.E. Mrs. Catherine Dupe Atoki, Chairperson of the African Commission and Mr. Mohammed Mabassa Fall on behalf of the Chairperson of the African Centre for Democracy and Human Rights Studies; Mr. Abdoul Gadiry Diallo, a member of the NGO Forum Steering Committee. The vote of thanks was made by Sister Gertrude.

On behalf of the Forum, Resolutions and Recommendations have been formulated and will be forwarded, to the African Commission for their kind consideration. The Forum took the liberty of reviewing some of these resolutions and recommendations from the previous Forum. They will also be shared with all interested partners.

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

1. Thematic Resolutions

TRES/001/4/12 – Economic, Social and Cultural Rights

TRES/002/4/12 – Access to Information in Africa

TRES/003/4/12 – Freedom of Expression and Protection of Journalists in Africa

TRES/004/4/12 – Freedom of Expression in Somalia

TRES/005/4/12 – HIV/AIDS

TRES/006/4/12 – Human Rights Defenders (only in french)

TRES/007/4/12 – Older Persons and People with Disabilities

TRES/08/4/12 – Police and Human Rights

TRES/009/4/12 – Refugees, Asylum Seekers and Internally Displaced Persons

TRES/0010/4/12 – Reproductive Health Rights of Women

TRES/0011/4/12 – Sexual Orientation and Gender Identity

2. Thematic Recommendations

TREC/001/4/12 – Death Penalty in Africa

TREC/002/4/12 – Freedom of Expression and Protection of Journalists in The Gambia

TREC/003/4/12 –  Prisons and Conditions of Detention in Africa

TREC/004/4/12 – Torture

3.  Country Resolutions

CRES/001/4/12 – Angola

CRES/002/4/12 – Malawi

CRES/003/4/12 – Mali (only in french)

CRES/004/4/12 – Somalia

CRES/005/4/12 -  Sudan

4. Declaration:

Natural Resources Management

5. Letters

Letter regarding the human rights situation in Eritrea

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

ACDHRS, April 2012 – Banjul, The Gambia

TRES/010/4/12: Resolution on the Reproductive Health Rights of Women in Africa

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We, participants at the Forum on the Participation of NGOs in the 51st Ordinary Session of the African Commission on Human and Peoples’ Rights held in Banjul, The Gambia, from 14-16 April 2012.

Recalling that women’s reproductive rights are protected by the African Charter on Human and People’s Rights which is further affirmed by the Protocol on the Rights of Women in Africa.

Recalling that the African Union declared 2010 to 2020 as the Africa Women’s Decade therefore prioritising the advancement of women’s rights.

Recalling that the Protocol on the Rights of Women in Africa specifically recognises women’s health and reproductive rights in Article 14.

Noting that African States have committed to the achievement of Millennium Development Goals particularly MDG5 to improve maternal health by reduction of the maternal mortality ratio and improving access to reproductive health.

Alarmed that women in Africa are far from fully realising their reproductive health rights despite all the aforementioned protections due to State Parties lack of fulfilment and commitment to the same.

Deeply concerned at the lack of access to health facilities and services that has resulted in the deaths of women in Africa, as evidenced by the high maternal mortality rate in Africa.

Condemning the continued negligence of African states in actualising the reproductive health rights of women in Africa.

Therefore urge the African Commission to consider and pass this resolution and to call upon African States to prioritise the promotion, protection and advancement of the reproductive health rights of women in Africa and to take immediate steps to:

  • Enact legislation, formulate policies and other measures to fulfil their obligations under the African Charter and the Protocol on the Rights of Women in Africa;
  • Take positive steps to ensure the implementation of existing legislation and policies that provide for the protection and promotion of women’s reproductive health rights;
  • Reform and repeal those laws and policies that restrict access to safe abortion services and put women’s lives at risk on a daily basis;
  • Lift reservations placed on the Protocol on the Rights of Women in Africa, which defeat the realisation and promotion of women’s rights as intended by the Protocol, in particular reservations entered against Article 14, which guarantees women’s reproductive health rights;
  • Take immediate steps to reduce the high rate of maternal mortality in Africa, by ensuring provision of reproductive health care, including access to safe abortion services, as stipulated by the Protocol on the Rights of Women in Africa;
  • Promote the reduction of unplanned pregnancies by ensuring women have regular access to family planning education and services;
  • Allocate sufficient resources towards health and reproductive health care programmes and adhering to the Abuja Declaration to scale up government funding for health to at least 15%.

Done in Banjul 16 April, 2012

TRES/005/4/12: Resolution on the Protection of the Rights of People Living with HIV and Those at Risk, Vulnerable to and Affected by HIV

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We, the participants of the NGO Forum preceding the 51th Ordinary Session of the African Commission on Human and People’s Rights and 25th African Human Rights Book Fair held from 14 – 16 April 2012 in Banjul, The Gambia

Recalling the mandate of the African Commission on Human and People’s Rights to promote and protect the human rights of all people, including people living with HIV, and those at risk of, vulnerable to, and affected by HIV

Recognising that the HIV and AIDS pandemics in Africa are accompanied by high levels of HIV-related stigma and discrimination and other violations of rights

Recognising further that people living with HIV and those at risk of, vulnerable to, and affected by HIV are currently subjected to gross human rights violations in Africa

Recalling commitments by African member states to promote and protect human rights, and especially women’s human rights, in the context of HIV; to achieve the Millennium Development Goals (MDGs) on the continent; and to fulfil the commitments made in the Abuja Declaration and the African Common Position on Universal Access to HIV and AIDS prevention, treatment, care and support by 2010

Recalling the special resolution on the Establishment of a Committee on the Protection of the Rights of People Living with HIV and Those at Risk, Vulnerable to and Affected by HIV [ACHPR/Res163(XLVII)2010] and its mandate

Noting that of all people living with HIV globally, 68% live in Sub-Saharan Africa; and 76% of all women living with HIV are situated in Sub-Saharan Africa in 2010; and that the experience of violence increases the risk of HIV transmission by them

Noting further that people living with HIV, especially women and other key populations at higher risk of HIV, such as sex workers, people who inject drugs, men who have sex with men, lesbian women, gay men, bisexual, transgender and intersex people, continue to have their human rights compromised, threatened and violated in the context of, and in the response to, HIV, despite the commitment to promote and protect human rights, and especially women’s rights and the rights of people living with HIV and those at risk of, vulnerable to and affected by HIV

Particularly alarmed by legislative trends in Africa to criminalise HIV transmission and exposure, as well as the non-disclosure of HIV; and its adverse impact on women’s and other key populations’ HIV risks, the protection of human rights in the context of HIV, and the effectiveness of national and regional responses to the HIV in Africa

Particularly alarmed by the extent to which the denial of freedom of expression and association for women and other key populations at higher risk of HIV, such as sex workers, men who have sex with men, lesbian women, gay men, bisexual, transgender and intersex people, and people who inject drugs not only perpetuates prevailing levels of HIV-related stigma, discrimination and other violations of rights, but also maintains limited access to and benefit from available HIV prevention, testing, treatment, care and support services

Greatly alarmed by the impact of the continuing denial of property and inheritance rights for women, leading to many women losing their homes, inheritance, possessions, livelihoods and event their children if their positive HIV status becomes known and/or if their partner dies

Deeply concerned by the impact of laws and policies that limit the access to services for people living with and at higher risk of HIV, including women and girls, young people, people in prisons, sex workers, lesbian women, gay men, bisexual, transgender and intersex people and people who inject drugs in Africa on both the risks of HIV and related rights violations and abuses

Deeply alarmed by the lack of adequate availability of and access to treatment for people living with HIV who are in need of and eligible to receive treatment and medicines

Deeply concerned further by the high levels of violence and abuse, including sexual abuse and rape, as both the cause and consequence of HIV transmission and related rights abuses

Deeply alarmed by gross human rights violations experienced especially by women, such as forced HIV testing and disclosure as part of accessing antenatal care; sterilisation without consent and forced abortions among women living with HIV; the rape and denial of access to justice for Lesbian women; harassment and violence by law enforcement agents against sex workers; and high levels of stigma, discrimination and denial of adequate access to available HIV prevention, testing, treatment, care and support services for most at risk populations, including men who have sex with men

Deeply concerned also about the lack of adequate access to timely and just legal and other redress mechanisms as and when violation of rights in the context of HIV occur for people living with HIV, those at risk of, vulnerable to and affected by, HIV

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

  • Recognise both the occurrence and impact of rights violations based on and in the context of HIV, and the response to HIV, in Africa
  • Reaffirm its commitment to the promotion and protection of the rights of people living with HIV and those at risk, vulnerable to and affected by HIV, including women, girls, youth, people with disabilities, people in prison, and other key populations at higher risk of HIV, such as sex workers, people who inject drugs, men who have sex with men, lesbian women, gay men, bisexual, transgender and intersex people
  • Engage all parties to repeal laws that facilitate gross human rights violation in the context of HIV and AIDS, such as the sterilisation without consent of positive women and the denial of quality and reproductive health services to women living with HIV
  • Recommend the removal of punitive laws and discriminatory legislative and policy provisions that promote human rights abuses in the context of HIV at a national and regional level
  • Criminalisation of HIV exposure and transmission, and non-disclosure of HIV
  • Mandatory and/or forced HIV testing
  • Restrictions of access to HIV information and services, due to age, sex, gender, sexual orientation and gender identity and/or HIV status
  • Take necessary measures to guarantee the right to freedom of expression and association by means of de-criminalisation and thus, promoting and protecting the rights and well-being of sex workers, lesbian women, gay men, bisexual, transgender and intersex people and other key populations at higher risks so as to ensure adequate access to and benefit from available HIV prevention, testing, treatment, care and support services; and thus the effectiveness of national and regional responses to HIV
  • Take necessary measures to guarantee women’s rights to property and inheritance, and to ensure that women are not forcibly evicted and/or lose their possessions and livelihoods as a result of a HIV positive status
  • Engage all state parties to take necessary measures to increase and ensure equitable access to treatment for everyone in need of and eligible to treatment in medicines
  • Ensure the provision of quality integrated services so as to facilitate that women, especially women living with HIV, and other key populations at higher risk of HIV, are treated with dignity and respect, and are free of violence, coercion, stigma and discrimination, whilst ensuring access to services based on fundamental human rights of informed consent, counselling and confidentiality
  • Recommend to member states to recommit and ensure adequate financing for healthcare so as to achieve the highest attainable standard of HIV prevention, testing, treatment, care and support services, as noted in the Abuja Declaration of 2001

Done in Banjul – 16 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

 

TRES/005/10/2011: Resolution on the protection of the rights of people living with HIV and those at risk, vulnerable to and affected by HIV

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Recognising that the HIV and AIDS pandemics in Africa are accompanied by high levels of HIV-related stigma and discrimination and other violations of rights

Recognising further that people living with HIV and those at risk of and affected by HIV are currently subjected to gross human rights violations in Africa.

Recalling commitments by African member states to promote and protect human rights, and especially women’s human rights, in the context of HIV; to achieve the Millennium Development Goals (MDGs) on the continent; and to fulfil the commitments made in the Abuja Declaration and the African Common Position on Universal Access to HIV and AIDS prevention, treatment, care and support by 2010

Recalling the special resolution on the Establishment of a Committee on the Protection of the Rights of People Living With HIV and Those at Risk, Vulnerable to and Affected by HIV [ACHPR/Res163(XLVII)2010] and its mandate

Noting that of all people living with HIV globally, 68% live in Sub-Saharan Africa; and 76% of all women living with HIV are situated in Sub-Saharan Africa in 2009; and that the experience of violence increases the risk of HIV transmission by three

Noting further that people living with HIV, especially women and other key populations at higher risk of HIV, such as sex workers, people who inject drugs, men who have sex with men, lesbian women, gay men, bisexual, transgender and intersex people, continue to have their human rights compromised, threatened and violated in the context of, and response to, HIV and AIDS, despite the commitment to promote and protect human rights, and especially women’s rights and the rights of people living with HIV and those at risk of and affected by HIV

Particularly alarmed by legislative trend to criminalise HIV transmission and exposure in Africa; and its adverse impact on women’s and other key populations’ HIV risks, the protection of human rights in the context of HIV, and the effectiveness of national and regional responses to the HIV and AIDS in Africa

Particularly alarmed by the extent to which the denial of freedom of expression and association for women and other key populations at higher risk of HIV, such as sex workers, men who have sex with men, lesbian women, gay men, bisexual, transgender and intersex people, and people who inject drugs not only perpetuates prevailing levels of HIV-related stigma, discrimination and other violations of rights, but also maintains limited access to and benefit from available HIV prevention, testing, treatment, care and support services

Deeply concerned by the impact of laws and policies that limit the access to services for people living with and at higher risk of HIV, including women and girls, young people, people in prisons, sex workers, lesbian women, gay men, bisexual, transgender and intersex people and people who inject drugs in Africa on both the risks of HIV and related rights violations and abuses

Deeply concerned further by the high levels of violence and abuse, including sexual abuse and rape, as both the cause and consequence of HIV transmission and related rights abuses

Deeply alarmed by gross human rights violations experienced especially by women, such as forced HIV testing and disclosure as part of accessing antenatal care; by women living with HIV, such as sterilisation without consent and forced abortions; by lesbian women, such as rape and denial of access to justice; by sex workers, such as harassment and violence by law enforcement agents; and by men who have sex with men, such as stigma, discrimination and denial of adequate access to available HIV prevention, testing, treatment, care and support services

Deeply concerned also about the lack of adequate access to timely and just legal and other redress mechanisms as and when violation of rights in the context of HIV occur for people living with HIV, those at risk of, and affected by, HIV

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

    • Reaffirm its commitment to the promotion and protection of the rights of people living with HIV and those at risk, vulnerable to and affected by HIV, including women, girls, youth, people living with disabilities, people in prison, and other key populations at higher risk of HIV, such as sex workers, people who inject drugs, men who have sex with men, lesbian women, gay men, bisexual, transgender and intersex people
    • Engage all parties to repeal laws that facilitate gross human rights violation in the context of HIV and AIDS, such as the sterilisation without consent of positive women and the denial of quality and reproductive health services to women living with HIV
    • Recommend the removal of punitive laws and discriminatory legislative and policy provisions that promote human rights abuses in the context of HIV at a national and regional level, including in relation to the
      • Criminalisation of HIV exposure and transmission
      • Mandatory and/or forced HIV testing
      • Mandatory and/or forced HIV disclosure
      • Restrictions of access to HIV information and services, due to age, sex, gender, sexual orientation and gender identity and/or HIV status
    • Take necessary measures to guarantee the right to freedom of expression and association by means of decriminalisation and thus, promoting and protecting the rights and well-being of sex workers, lesbian women, gay men, bisexual, transgender and intersex people and other key populations at higher risks so as to ensure adequate access to and benefit from available HIV prevention, testing, treatment, care and support services; and thus the effectiveness of national and regional responses to HIV and AIDS
    • Ensure the provision of quality integrated services so as to facilitate that women, especially women living with HIV, and other key populations at higher risk of HIV, are treated with dignity and respect, and are free of violence, coercion, stigma and discrimination, whilst ensuring access to services based on fundamental human rights of informed consent, counselling and confidentiality

Done in Banjul – 21 st October, 2011

 

Resolution on Protection of Freedom of Expression in Angola

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The NGO Forum urges the African Commission on Human and Peoples’ Rights to:

Condemn the detention of five Human Rights Defenders, of which four are women Human Rights Defenders;

Condemn the police disruption of the peaceful demonstration for women’s Rights in Angola, on the 8th of November 2010;

Adopt a resolution urging the Angolan government to domesticate the African Charter and implement all the rights enshrined in the Charter, including the rights on freedom of assembly.

 

Done at Banjul, November 9th, 2010

Recommendation on the Holding of a Regional Forum on United Nations Security Council Resolution 1325 on the Role of Women in Peace and Security in Africa

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Considering the central role that women continue to play in conflict prevention, management and resolution in Africa;

Considering that women continue to pay the greatest price in time of armed conflicts in Africa as recently illustrated to the tragedy of 28 September 2009 at the Conakry Stadium in Guinea;

Taking note of the commemoration by the United Nations of the 10th anniversary of the Security Council Resolution 1325 in October 2010 and,

Reaffirming the relevance and centrality of this resolution and subsequent ones to the respect, promotion, protection and realization of women’s rights in Africa,

The Forum on the Participation of NGO to the 47th session of the African Commission on Human and Peoples’ Rights:

Urges the African Commission to organize with the support of the AU Commission, UNOWA, OHCHR and UNIFEM, in collaboration with the NGO Forum, a regional forum on the implementation of UN/SCR/1325 in Africa.

The NGO Forum further commit its members to fully contribute to the success of the above-mentioned Africa Forum on 1325, and to strengthen their effort toward an effective popularization on Resolution 1325 with an emphasis on rural women using appropriate medium of communication.

 

Done at Banjul, May 10th, 2010

Resolution on Women and the Maputo Protocol

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

Noting the best practices to prevent human rights violations and appropriate accountability measures to address ongoing violations,

Recognizing the interconnectedness of women’s rights and that the violation of one tight can lead to the violation of others.

Endorsing the open letter to the President of Mali regarding the delays to the establishment of a family court sent by the Forum.

Taking note of states obligations to respect, protect and fulfil women’s right to health under the Protocol and to address causes and consequences of the high prevalence of HIV/AIDS, maternal mortality and VAW.

Recognizing  the importance of the UN Resolution. 1325 on women, peace and security,

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

  • Establish with its protection mandated, a Special Rapporteur on the Right to Health.
  • Urge Member States to ratify the Protocol to the African Charter on the Rights of Women in Africa without reservations; urge those who have ratified to take adequate steps to domesticate and implement the Protocol and if necessary to harmonize national laws to bring them in line with the Protocol.
  • Urge Member States if the African Union to ratify the Statute of the African Court of Justice and Human Rights which merges the African court on Human and Peoples’ Rights and the African Court of Justice; and to make the declaration under Article 8 read with Article 30 (f) of the Statute permitting individuals and non-governmental organizations to submit communications directly to the Court.
  • Urge Member States to take appropriate steps to operationalise UN Resolution 1325 on Women and Peace and to take note of the recommendations that were made during the 10th anniversary of the Resolution.

 

Done at Banjul, May 10th, 2010