We, the participants of the NGO Forum preceding the 54th Ordinary Session of the African Commission on Human and Peoples’ Rights (ACHPR) and the 28th African Human Rights Book Fair held from 18th – 20th October, 2013 in Banjul, The Gambia
Recognising that victims, their rights and their well-being ought to be at the centre of all decisions and deliberations on violations of human and people’s rights;
Emphasising that the right to a remedy and reparation for victims of human rights violations is a well-established and basic human right enshrined in international law;
Recognising that since the entry into force of the African Charter in 1986, important international instruments have been adopted providing further content to victims’ right to reparation, including in particular the UN Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law of 2005, the Nairobi Principles on Women’s and Girls’ Right to a Remedy and Reparation of 2007, and the Committee against Torture’s General Comment No.3: Implementation of Article 14 by State Parties adopted in December 2012;
Recognising further the African Commission’s adoption of important and progressive instruments on the right to reparation in a regional context, including the Robben Island Guidelines, the Fair Trial and Legal Assistance Principles and Guidelines, the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa and the Resolution on the Right to a Remedy and Reparation for Women and Girls Victims of Sexual Violence; 
Highlighting that these instruments stipulate for reparation to be adequate, effective and comprehensive, and include restitution, compensation, rehabilitation, satisfaction and guarantees of non- repetition;
Taking further into consideration the goals of reparation to restore the dignity of the victims and to prevent re-occurrence of violations;
Recalling the African Commission is mandated to “make findings on violations or otherwise, with a view to safeguarding the enjoyment of human and peoples’ rights and fundamental freedoms and providing redress for breaches thereof;”
Considering that the African Charter mandates the African Commission to provide guidance to States on how to ensure compliance with their obligations under the African Charter, including through the adoption of resolutions and General Comments on the provisions of the African Charter and related instruments adopted by the Commission;
Taking into consideration that the Commission is often the last resort for victims to turn to for justice, including reparation, and that the Commission is the most important regional human rights body to uphold the rights of victims in Africa;
Considering that the Commission has rendered important decisions recommending States to take a variety of measures of reparation to redress violations of the African Charter, but that the Commission’s decisions do not always fully and consistently reflect victims’ right to reparation under international law, including the African Charter;
Concerned that the vast majority of victims of human rights violations do not receive adequate reparation at national level, including in Africa, and that State parties to the Charter frequently fail to comply with their obligation to provide reparation to victims;
Further concerned by the failure of State parties to the Charter to comply with the Commission’s rulings and recommendations, undermining the Commission and resulting in a denial of justice to victims in Africa;
Done in Banjul, The Gambia on 20th October, 2013
 UN Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law (‘UN Basic Principles and Guidelines’), Adopted by General Assembly resolution 60/147, 16 December 2005, at http://www.ohchr.org/EN/ProfessionalInterest/Pages/RemedyAndReparation.aspx.
 Nairobi Principles on Women and Girls’ Right to a Remedy and Reparation (‘Nairobi Principles’), Nairobi, March 2007, at http://www.redress.org/downloads/publications/Nairobi%20Principles%20on%20Women%20and%20Girls.pdf.
 UN Committee against Torture, ‘General Comment No.3 (2012)- Implementation of article 14 by States parties’ (‘’General Comment No.3’), CAT/C/GC/3, 13 December 2012, at http://tbinternet.ohchr.org/_layouts/treatybodyexternal/Download.aspx?symbolno=CAT%2fC%2fGC%2f3&Lang=en.
African Commission, Resolution on the Right to a Remedy and Reparation for Women and Girls Victims of Sexual Violence, November 2011, at http://www.achpr.org/sessions/42nd/resolutions/111/.
 African Commission, Resolution 97: Resolution on the Importance of the Implementation of the Recommendations of the African Commission on Human and Peoples’ Rights by States Parties, 29 November 2006, at http://www.achpr.org/sessions/40th/resolutions/97/?prn=1.