TRES\002\11\2015: THEMATIC RESOLUTION HUMAN RIGHTS DEFENDERS IN AFRICA
TRES\002\11\2015: THEMATIC RESOLUTION HUMAN RIGHTS DEFENDERS IN AFRICA
We, the participants of the Forum on the Participation of NGOs in the 57thOrdinary Session of the African Commission on Human and Peoples’ Rights and the 31st African Human Rights Book fair held in Banjul, The Gambia from 31st October–2nd November 2015;
Recalling the African Commission Resolution ACHPR/Res.69 (XXXV) 04 on the protection of human rights defenders in Africa and its Resolutions ACHPR/Res. 119 (XXXXII) 07 and ACPHR/Res. 196 (L) 11 on the situation of human rights defenders in Africa;
Further recalling the African Commission Resolution ACHPR/Res. 273 (LV) on Extending the Scope of the Mandate of the Special Rapporteur on Human Rights Defenders in Africa;
Deeply concerned with the arbitrary restrictions on the work of Human Rights Defenders (HRDs), including through harassment, intimidation and arrest of HRDs, as well as the use of restrictive laws particularly in Angola, Kenya, Lesotho, Malawi and Uganda;
Concerned about the state security charges against 20 HRDs in Angola, including 15 activists arrested and detained on charges of preparing a coup and an attack against the president; two women HRDs also charged in connection with the alleged attempted coup, as well as 3 other HRDs in Cabinda, Jose Marcos Mavungo, Arao Bula Tempo and Manuel Biongo;
Concerned about the increased harassment and intimidation of human rights defenders, as well as threats to their lives in countries such as Burundi, Lesotho and Malawi, leading to HRDs in Burundi and Lesotho fleeing the country;
Further concerned about the use of malicious prosecutions against HRDs working on sensitive issue in Kenya;
Noting the increasing use of laws and regulations, such as presidential decree 74/15 of 23 March 2015 in Angola, Public Benefits and Organisation Act law of 2013 in Kenya and the NGO Bill of 2015 in Uganda, in a manner which places severe restrictions on the space for civil society groups in these countries;
Recognising the positive steps taken by Cote D’Ivoire in passing a law which protects HRDs in the country, but that the law however still requires operationalization and inclusion of sanctions;
The NGos Forum calls upon the African Commission to:
- adopt a resolution on Angola calling on the authorities to immediately release all HRDs detained for exercising their rights and to drop politically motivated charges against all HRDs, including the Angola 15,the two women HRDs and the three HRDs in Cabinda;
- carry out a fact finding mission to Burundi to assess the situation of HRDs in the country;
- call on all states to repeal laws which unreasonably restrict the work of civil society organisations, including by placing limitations on their funding and areas of work, as well as ensure laws which regulate NGOs are not abused in a manner which arbitrarily prevents the effective functioning of the human rights work of these organisations;
- call on all states to disseminate the report on the situation of WHRDs and implement the recommendations contained therein
- adopt a resolution recognizing the specific risks and protection issues for WHRDs
- call on states to emulate Cote D’Ivoire in passing similar laws which protect HRDs at the national level
- call on Cote D’Ivoire to adopt the decree operationalising the law and ensures sanctions are included for those who contravene the law
- call upon the reinstatement of the SADC tribunal and all the legal framework guaranteeing the protection of the rights of human rights defenders.
Done in Banjul, The Gambia – 2nd November 2015
