Statement by Mrs Hannah Forster on behalf of Participants of the Forum of NGOs at the Official Opening of the 39th Ordinary Session of the ACHPR
Forum on the Participation of NGOs in the 39TH Ordinary Session of the African Commission on Human and Peoples’ Rights, 11th May 2006, Kairaba Beach Hotel, Banjul, 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 Secretaries of State
Ambassador Ojimba, Director, Office of the Commissioner 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 the International Tribunal Court on 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);
African Team Coordinator, Office of the High Commissioner for Human Rights;
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
I feel honoured to stand before this distinguished and august gathering of the African human rights community, once again, with the responsibility to give a statement on behalf of my colleagues of the NGO Forum preceding the 39th Ordinary Session of the African Commission on Human and Peoples’ Rights.
On behalf of all the participants of the NGO Forum, and indeed on my own behalf, I wish to thank the Chairperson of the African Commission for affording us this opportunity.
Your Excellencies, Distinguished Ladies and Gentlemen
Please allow me to also express our gratitude to the Government and people of The Gambia for their hospitality, in facilitating the activities of the 39th Ordinary Session and to reiterate the appreciation of the participants of the Forum of NGOs for the warmth afforded them since their arrival.
Your Excellencies,
Distinguished Ladies and Gentlemen,
In keeping with tradition, the Forum on the Participation of NGOs in the 39th Session of the African Commission on Human and Peoples’ Rightss, commonly referred to as the NGO Forum was held from the 6-8 May 2006, a few days before the commencement of this Session of the Commission.
This year is an important one for human rights in Africa, considering that the Banjul Charter would be 25 years old this year, while the Commission would be 20 years. 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 and implementation of numerous instruments; decisions and mechanisms to match this growing tide.
We have equally witnessed the African Union “take up multifaceted challenges that confront our continent and peoples in the light of the social, economic and political changes taking place in the world”; further strengthening the continental framework to promote and protect human and peoples’ rights in Africa. Likewise, we have witnessed the pursuit of human rights become an integral responsibility of the African Union. The increased involvement of civil society organisations in these processes are laudable and have gone a long way to enhance partnerships and promote ownership of the process 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 untold hardships to the majority of citizens of the affected countries, particularly to 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 39th Session. I, however, crave your indulgence to highlight and share with you some of the concerns and evolving issues raised during the Forum.
Distinguished Ladies and Gentlemen
While we celebrate the gradual return of peace and security to Liberia; the progress so far in the preparation for elections in DRC, Darfur continues to be a cause for concern despite the recent signing of peace agreements.
Instances of serious violations of human rights and international humanitarian law in varying degrees were cited in Cote D’Ivoire; DRC, Djibouti; Cameroun; Central African Republic, Chad and The Gambia.
In Cote D’Ivoire, among others, the non observance and disregard of the Linas-Marcoussi Accord as well as the reluctance to respect and implement resolutions 1632 (2005); 1633 (2005); 1643 (2005) and 1657 (2006) have been identified as impediments to the peace process.
In recent times, human rights defenders in Djibouti have been subjected to massive arrests since the general strike of September 2005.
The Forum received reports of arbitrary arrests and illegal detention in Cameroun, Djibouti and The Gambia and hereby call on the relevant authorities to respect their constitutional provisions, not to mention their international obligations.
In the Central African Republic, the resurgence of rebel movements and attacks in the vicinities of Kabo and Markounda in December 2005 and Paura in January 2006 have resulted in the death of many civilians. The Forum urges the abovementioned States to ensure that 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 coup d’etats’ characterised by constitutional amendments to legalise extended terms of office by incumbents as is being witnessed in Uganda, Chad and Nigeria, among others. We, therefore, welcome the work done so far by the African Union towards the development of the African Democracy Charter and hope it will be a useful tool in the promotion and protection of democracy on the continent.
Furthermore, there are reports of arrests and detention of opposition politicians and activists leading to unrest in Ethiopia.
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.
Similarly, while calling on the relevant authorities to ensure the organisation of free and fair elections, the international community is urged to support civil society participation in the forthcoming DRC 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. The Forum hereby renews it plea that the African Commission requests the African Union to encourage the Government of Zimbabwe to implement the recommendations contained in the African Commission’s fact-finding report to Zimbabwe as well as the recommendations of the United Nations Special Envoy on Human Settlement Issues pertaining to the provision of aid and protection to the victims of the forced evictions and demolitions.
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 Forum applauds the initiative of African Union in the establishment of the Nelson Mandela Human Rights Defenders Award and pledge our support to the process.
Similarly, we would wish to draw attention to the increasing numbers of persons who are forced to leave their homes and whose livelihoods are totally disrupted as a result of insecurity and conflict: people who become part of the silent and almost forgotten statistics of African refugees and internally displaced persons and depend more or less on the hospitality and limited resources of host countries.
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 acknowledge the work done so far by the Special Rapporteur on Refugees and Internally Displaced Persons in Africa.
Not the least, the NGOs believe that the deplorable situation of minorities and indigenous persons should not cease to occupy us. In particular, the Forum would wish to see the mandate of the Working Group on Indigenous Communities extended to include minorities.
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 urge African Commission to prohibit torture and to condemn death penalty and to urge states to commit themselves to its abolition. 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.
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 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. The Forum applauds the decision of the African Union to proceed with the nomination of judges and the progress made to establish and operationalize the Court in a bid to further consolidate the work of the African Commission.
In the same vein, we wish to urge all African states to ratify and to expedite action on the domestication and effective implementation of the Rome Statutes.
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 18 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. Consequently, NGOs are keen to see a lot of progress made in this area and have proceeded to formulate advocacy strategies for the ratification, domestication and implementation. The Forum while acknowledging the important role of the Special Rapporteur on the Rights of Women in Africa in all these activities are poised to collaborate and support work in this area.
Allow me, at this juncture, to congratulate the National Assembly Members of The Republic of The Gambia for lifting the reservations to the Protocol. The women of Africa are very proud of those countries that are seriously engaged in the process of domestication and implementation of its provisions.
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. As we welcome the dawn of the 1st Female President in Africa, we congratulate the setting up of the African Union Women’s Committee and look forward to directing input through this body.
The Forum congratulates the African Union for remaining engaged in the process of promoting and protecting the human rights in Africa and notes, with satisfaction, the organisation of the various consultations with various stakeholders of the African Commission. The Forum appreciates the invitation extended to its representatives at the just concluded meeting of the 9 and10 May 2006.
Mr. Chairperson,
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. While congratulating the international community on the arrest and extradition of Charles Taylor to face the Special Court of Sierra Leone for the alleged crimes committed, the Forum would wish to urge the Republic Senegal to respond favourably to the extradition request of Belgium regarding Hiassen Habre. In the same vein, the Forum wishes to call on the Government of Kenya to extradite Mr. Felices Kabuga to the Rwanda Tribunal for alleged crimes committed.
Mr. Chairman,
Distinguished Commissioners,
Honoured Guests,
Ladies and Gentlemen,
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 of 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, the foremost human rights mechanism in Africa.
Mr. Chairman,
Your Excellencies,
Distinguished Ladies and Gentlemen
On behalf of the participants of the NGO Forum, allow me to wish Her Excellency, Madame Salamata Sawadogo, and all the members of the Commission a fruitful deliberation and a successful session.
Thank You.
HJF
ACDHRS
