Statement by Mrs Hannah Forster on behalf of Participants of the Forum of NGOs at the Official Opening of the 45th Ordinary Session of the ACHPR
Forum on the Participation of NGOs in the 45th Ordinary Session of the African Commission on Human and Peoples’ Rights, 13th May 2009, Kairaba Beach Hotel, Banjul, The Gambia
The Honourable Attorney General and Minister of Justice of The Republic of The Gambia, represented by Ms. Awa Bah, Acting Solicitor General and Legal Secretary;
Honourable Minister of Foreign Affairs and Gambians Abroad of The Republic of The Gambia, represented by Ms Amie Drammeh;
My Lord, Abdul Karim Savage, Chief Justice of the Republic of The Gambia;
Your Excellencies, Honourable Ministers and Secretaries of State;
Honourable Members of the National Assembly here present;
Your Excellencies, Madam Chairperson – and Honourable Commissioners of the African Commission on Human and Peoples’ Rights (ACHPR);
Your Excellencies, Representatives of the Committee of Experts on the Rights and Welfare of the Child;
Madam Yetunde Teriba, Head of Gender and Outreach, Women, Gender and Development Directorate of the African Union Commission
Your Excellencies, Members of the Diplomatic and Consular Corps;
Distinguished Members of the Governing Council of the African Centre for Democracy and Human Rights Studies (ACDHRS);
Your Excellency, Mr. Patrice Vahard, Senior Human Rights Advisor of the United Nations Office for West Africa, based in Dakar;
Your Excellencies, Heads of Delegations and Distinguished State Representatives;
Venerable Religious and Traditional Leaders;
Representatives of National Human Rights Institutions;
Fellow Members of the NGO Forum Steering Committee
Representatives of National and International NGOs;
Representatives of the African Spanish Network of Women for a Better World ;
Representatives of the Press;
Distinguished Ladies and Gentlemen;
All protocols respectfully observed
It is an honour for me to stand before this distinguished gathering of the African human rights community, once again, with the responsibility to give a statement on behalf of all my colleagues of the Forum on the Participation of NGOs in the 45th Ordinary Session of the African Commission on Human and Peoples’ Rights (NGO Forum), held here in Banjul, The Gambia.
On behalf of all the participants of the NGO Forum, and indeed on my own behalf, I wish to thank the Honourable Chairperson and Members of the African Commission, most sincerely, for affording us this opportunity.
In addition, all participants at the Forum would like to take this opportunity to congratulate H.E. The Chairperson on her recent appointment to the International Criminal Court and to wish her well in all her future endeavours.
Your Excellencies, Distinguished Ladies and Gentlemen
Please allow me to also express our gratitude to the Government and people of The Republic of The Gambia for their hospitality, in facilitating the activities of the 45th Ordinary Session and to reiterate the appreciation of the participants of the Forum of NGOs for the warmth accorded them since their arrival in the smiling coast of Africa after sojourning in other lands. We would also like to extend special thanks to The Attorney General and Minister of Justice of The Gambia for taking time to delegate a representative to address the Forum at its Opening Ceremony.
Permit me to also put on record the determination of the African NGO Community and its partners for braving all challenges to ensure they participate at the Forum and indeed at this session of the African Commission. We recognise the immense hurdles faced in getting to The Gambia but they have been surmountable due to the passion all of you have as well as the importance you attach to the promotion and protection of human rights in Africa.
Your Excellencies, Distinguished Ladies and Gentlemen,
In keeping with tradition, the Forum on the Participation of NGOs in the 45th Session of the African Commission on Human and Peoples’ Rights, commonly referred to as The NGO Forum was held from the 9-11 May 2009, a few days ago before the commencement of this Session of the Commission.
As we celebrate 30 years of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), we also commemorate the Anniversary of the Durban Racism Conference (WCAR) among others. Whilst we can claim progress in these specific areas of endeavour, a lot more remains to be done.
The Forum, while applauding the significant and positive developments in the human rights and democracy on the continent, observed an improvement in the respect for human rights, good governance and the rule of law in some states.
In applauding these developments among others, the Forum asserted that Africa continues to face serious human rights challenges characterised by violence, conflict, poverty and insecurity. Internal political strife, disease, arbitrary detention, enforced disappearances and extrajudicial killings continue to bring disorientation to the majority of citizens of the affected countries, particularly to women and children.
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 45th 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
Instances of serious violations of human rights and international humanitarian law in varying degrees were cited in Central African Republic, DRC, Eritrea, Guinea Bissau, Guinea Conakry, Kenya, Madagascar, Somalia, and The Sudan.
The Forum received reports of arbitrary arrests and illegal detentions in all of the countries cited above and hereby urge the African Commission to call on the relevant authorities to respect their constitutional provisions, and to abide by their international obligations.
The Forum noted with regret the continuing resurgence of rebel movements and attacks has resulted in the death of many civilians particularly in the DRC. The Forum requests the African Commission to urge the above-mentioned State to ensure that all parties to the conflict adopt an immediate ceasefire and respect international human rights law. It is desirable that all those responsible for atrocities are brought to justice in the Central African Republic, DRC, and Somalia in order to ensure that a climate of impunity is not nurtured.
The recent assassinations in Guinea Bissau together with the emergence of narcotic democracy was also a source for concern, not to mention the eminent breakdown in governance should action not be taken in resolving the situation in Guinea Conakry. We hereby call on the African Commission to consider conducting fact finding missions particularly in these two countries to ascertain the situation and to work with the African Union to find a speedy resolution.
The Forum applauded the adoption of the African Charter on Democracy, Elections and Governance (The African Democracy Charter) since it offers, among others, guarantees against undemocratic and unconstitutional change of government. It was noted, however, that the attainment of true democracy remains a daunting task in many an African country and while this document generated a lot of interest, only two states (namely, Mauritania and Ethiopia) have ratified this treaty. As it is yet to enter into force, The Forum would therefore like to take this opportunity to request states to ratify and domesticate this instrument which would definitely go a long way towards contributing to the consolidation of democracy in Africa.
Distinguished Ladies and Gentlemen
There is no doubt, that the heightening violations in some of these countries already indicate warning signs of deterioration in the system. We cannot but recognise the efforts of the African Commission in rising to the occasion and adding their voice to the alarming situations in Kenya and Somalia. However, we await reports of follow up missions to these and other countries undergoing conflict.
We welcome the unity governments in both Kenya and Zimbabwe and the ensuing efforts to return to normalcy. The Forum requests the African Commission, to urge the African Union to encourage the Government of Zimbabwe to live up to its obligations under the African Charter on Human and Peoples’ Rights and 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.
Furthermore, we call on the African Commission to constitute a fact finding mission comprising the Special Rapporteurs of Human Rights Defenders, Freedom of Expression, Rights of Women, and Refugees as well as the Chairman of the Working Group on Torture to visit and assess the situation in Zimbabwe.
The respect for freedom of the press continues to be a challenge on our continent with the constant formulation of repressive laws, harassment, intimidation, killings and arbitrary detention in many an African country, particularly, Angola, Lesotho, Swaziland, Sudan and Zimbabwe. We urge the Special Rapporteur for Freedom of Expression in Africa to investigate the discrimination of the media, the existence of redundant laws, especially electoral laws in the aforementioned countries and to make recommendations in order to assist them in addressing the situation.
Your Excellencies, Distinguished Ladies and Gentlemen,
The situation of Human Rights Defenders remains a cause for concern and the Forum heard reports of harassment, intimidation and arrests of HRDs. Moreover, it was revealed that there were laws in some countries curtailing freedom of association, freedom of expression; among other restrictive laws.
Similarly, the Forum considered the situation of African refugees and internally displaced persons and attention was drawn to the increasing numbers of persons who are forced to leave their homes as a result of insecurity, poverty and conflict. The need to offer special protection particularly to women and girl children who in most cases find themselves open to abuse as a result of breakdown in security as is the risk faced by migration under hazardous circumstance, which continue to claim the lives of the youth cannot be overemphasised.
The Forum noted that much work remains to be done in this area and continues to urge the Commission to encourage the Special Rapporteur on Refugees to look into the phenomenon of returnees and migrant workers and make recommendations to the African Commission on the matter.
The Forum welcomes the renewal of the mandate of the Working Group on Indigenous Communities but continues to call for the creation of a separate mechanism on Minorities. Considering that the definition of minorities remains elusive, it would be useful to initiate the setting up of a group to look into the legal and social status of minorities.
Your Excellencies, Distinguished Ladies and Gentlemen
The fate and discrimination facing Lesbian, Gays, Bisexual, Transgendered and Intersex (LGBTI) Peoples was focussed on at this Forum. After two panels which shed light and provided much needed information on this group of persons, The Forum felt that this was an area that has to be given more attention and calls on the African Commission to provide space which will facilitate the better understanding of LGBTI Persons. Reports of violence, harassment and intimidation abound in many African countries directed at them. The Forum urges The African Commission to call on states not to criminalize and to repeal laws that discriminate against this group of people and to ensure that the guiding light of the Universal Declaration on Human Rights (UDHR) – namely of providing all human rights for all of us becomes a reality.
In the same vein, we recognised that disability is not synonymous with lack of ability and call on the African Commission to integrate and mainstream the rights of people living with disability in their work.
Distinguished Ladies and Gentlemen
While noting that the application of the death penalty and the use of torture continue to take place in some countries, The Forum requests the African Commission to urge states to prohibit torture and to condemn the death penalty and to further urge them to commit themselves to its abolition.
The Forum reiterates its call on States and all stakeholders to promote and use the Robben Island Guidelines, an instrument which could contribute greatly towards an increase in the observance of human rights as well as a decrease in the use of torture. Furthermore, The Forum also proposed that the African Commission review the name of the Follow up Committee to reflect the ‘Prevention of Torture’, which is the main aim of the Guidelines.
Distinguished Ladies and Gentlemen
The continuing depletion of Africa’s natural resources, which has greatly contributed towards the deterioration of the environment; displacement of communities and untold poverty in respective countries was also reviewed. The need to put in place a working group to assist in the formulation of strategies to tackle this challenge would not fall amiss. In the same vein, the Forum urges the African Commission to conduct studies in the area of Economic, Social and Cultural Rights and to ensure that it remains on their agenda of future sessions, particularly the right to food and indeed the right to water, as well as put in place effective mechanisms to address issues of poverty and deprivation.
The importance of human rights education and capacity building was also underscored and in so doing the Forum emphasised the necessity of popularising the various documents emanating particularly from the African Union, the African Commission, the United Nations to ensure that the messages contained therein reach our constituents. The Forum also agreed on the need to ensure that all and sundry to remain engaged and familiar with the procedures of the Commission.
Your Excellencies, Distinguished Ladies and Gentlemen
On behalf of the participants, I would like to restate the readiness and willingness of the African NGO community, our commitment as partners in the process and the determination to place all our expertise and resources at the disposal of the African Commission in the realization of the various objectives directed at uplifting the lives of the African peoples, a goal we all share.
Your Excellencies, Distinguished Ladies and Gentlemen,
Participants to the Forum of NGOs noted with satisfaction the progress made so far in the operationalization of the African Court on Human and Peoples’ Rights and Justice and urge states to speedily ratify the Protocol to the African Court on Human Rights and Justice to further enhance the justice system in Africa.
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.
The Forum congratulates Republic of Senegal for putting in place all the constitutional requirements for the execution of the mandate given by AU Assembly of Heads of State and Government on the issue of Hissene Habre and urge the African Commission to request an update on the process.
Distinguished Ladies and Gentlemen,
The situation of women and children, particularly girls is pathetic in most African countries. We have seen an increase in gender based violence; the institutionalisation of harmful traditional practices, trafficking, abduction, sexual abuse and violence have continued unabated, particularly in areas of armed conflict. The need to urge states to identify the causes and consequences with a view to taking all necessary measures to prevent and eradicate them cannot be overemphasised.
We further recommend the establishment of closer links between the African Commission, the Committee of Experts on the Rights and Welfare of the Child and the other organs of the African Union Commission to provide a solid platform for the promotion and protection of human rights in Africa.
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. We congratulate all the 27 countries that have ratified the Protocol but fervently hope that universal ratifications by other states would ensue. It is our expectation to see a lot of progress made in this area will be consolidated during the observation of the African Women’s Decade 2010-2020. We therefore, call on the African Commission to urge states that have not ratified to do so as soon as is possible and to urge those who have ratified to proceed with the formulation of advocacy strategies for its 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.
Your Excellencies, Distinguished Ladies and Gentlemen
The Forum further urges States to replicate policies at the national level in conformity with the Solemn Declaration on Gender Equality in Africa.
Your Excellencies, Members of the African Commission, Distinguished Ladies and Gentlemen,
It would be remiss of me to conclude this statement without making mention of the wave of impunity that remains very disconcerting on the continent. Corruption is rife to say the least. While congratulating the international community, the Forum recognises that the responsibility of states to protect its citizens and to ensure that violators are brought to book, continue to be tested. We urge states to take their obligations seriously and to implement these provisions as dictated by the rule of law.
Your Excellency, Madam Chairperson, Distinguished Commissioners, 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 partnerships 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, particularly, the African Commission with which they enjoy observer status.
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 this will be achieved.
The Forum, welcomes the efforts made by the African Union to provide much of the needed resources for the African Commission in the implementation of its mandate, Consequently, we would like to take this opportunity to launch an appeal to the international community to continue to support the strengthening of this institution, the foremost human rights mechanism in Africa.
H.E. Madam Chairperson, Your Excellencies, Distinguished Ladies and Gentlemen
Before I conclude, please allow me to update you on some developments around The Forum. Following an evaluation of the NGO Forum in 2006, recommendations as to the way forward were developed. As a result, a Steering Committee, comprising representatives were elected in Brazzaville (2007) from the 5 regions of Africa as well as from the Diaspora, with the African Centre as Secretariat assuming the Chair. This Committee also included ex officio representation from African Centre Governing Council and some partners. I am pleased to announce that this group successfully organised the Forums in Ezulwini, Swaziland; Abuja, Nigeria as well as this one in Banjul, The Gambia. We look forward to your support and that of our diverse partners as we continue to implement the recommendations in an effort to ameliorate the functioning of the first Forum that encouraged the participation of NGOs in the work of an intergovernmental institution in a spirit of mutual partnership.
Madam Chairperson, Your Excellencies, Distinguished Ladies and Gentlemen
On behalf of the participants of the NGO Forum, we wish to thank HE Chairperson, Members, the Secretary and Staff of the African Commission and all their partners for the various initiatives and assistance they had put in place for the successful organisation of this Session. We congratulate, once again the Bureau, and wish all the Members of the Commission, through Her Excellency, the Chairperson, Commissioner Sanji M. Monageng, a fruitful deliberation and a successful session.
Thank You.
HJF
ACDHRS for NGO Forum Steering Committee
