Final Communique of the 18th Ordinary Session of the African Commission on
Human and Peoples' Rights
1. The African Commission on Human and Peoples’ Rights held its 18Th Ordinary Session in Praia,
Cape Verde from 2nd to 11Th October 1995 at the invitation of the Government of the Republic of
Cape Verde. The Professor Isaac Nguema chaired the Session.
2. The Session was preceded by the 19Th ICJ workshop on the participation of NGOs in the meeting
of the African Commission on Human and Peoples’ Rights. The workshop, which took place from
29Th September to 1st October 1995, had been organized by the International Commission of Jurist
(ICJ) in collaboration with the African Commission on Human and Peoples’ Rights.
3. The following commissioners attended the session:
- Prof. Isaac Nguema, chairman ;
- Dr. Hatem Ben Salem, vice chairman ;
- Mr. Atsu Koffi Amega ;
- Prof. Emmanuel V. O. Dankwa ;
- Dr. Vera Valentina B. S. Duarte Martins ;
- Mr. Youssoupha Ndiaye ;
- Prof. U. Oji Umozurike ;
- Mr. Robert Habesh Kisanga ;
- Mr. Kamel Rezzag-Bara ; and
- Mrs. Julienne Ondziel-Gnelenga.
4. Apologies ceremony were received from Alioune Blondin Beye
5. The opening ceremony was held on 2nd October 1995 at 10.00 am on the premises of the National
Assembly of Cape Verde and was presided over His Excellency the President of the Republic of Cape
Verde, Mr. Antonio Mascarenhas MONTEIRO. The ceremony was also graced with the presence of
Mr. Amilcar Spencer Lopes, the Speaker of the National Assembly, Mr. Carlos Veiga, the Prime
Minister, Mr. Pedro Freire, the Minister of Justice and other members of the Government of Cape
Verde.
6. The opening ceremony of the 18Th Ordinary Session of the Commission was also attended by
Ambassadors, Consuls and Heads of diplomatic Missions accredited to Cape Verde, delegates of OAU
member States, representatives of inter-governmental and non-governmental organizations,
members of the press and invited guests.
7. The following dignitaries spoke at the opening ceremony:
- Honourable Pedro Freire, Minister of Justice of Cape Verde ;
- Mrs. Tokunbo Ige, the ICJ legal officer for Africa, representing Mr. Adama Dieng, Secretary-General
of ICJ;
- Prof. Isaac Nguema, Chairman of the African Commission on Human and Peoples’ Rights ; and
- His Excellency the President of the Republic of Cape Verde, Mr. Antonio Mascarenha Monteiro.
a) In his speech, the Minister of Justice Mr. Pedro Freire extended a warm welcome to members of
the African Commission on Human and Peoples’ Rights and to members of the NGOs taking part in
meetings of the Commission to Cape Verde. Mr. Freire reaffirmed Cape Verde’s commitment to
preserving democratic values, the rule of law and the respect of human rights.
b) Speaking on behalf of Mr. Adama Dieng, the ICJ Secretary-General, Mrs. Tokunbo Ige, the ICJ legal
Officer for Africa, wished the Commission ’s meeting success and emphasized the need for
cooperation between the Commission and NGOs in order to – in particular – consolidate the
independence of the Judiciary in Africa and to eliminate impunity of perpetrators of serious
violations of human rights.
c) Professor Isaac Nguema, Chairman of the African Commission on Human and Peoples’ Rights
condemned the coup d’Etat which had taken place previous day in the Comoro Islands and called
upon France to subdue Bob Denard, a French National who mastermind the overthrow of the
Government of Comoro. Prof. Nguema stressed the need to give greater priority to issues related to
the development in Africa. Analyzing political development in Africa, Prof. Nguema argued that Africa
needs a new approach to society – a project based on, among other things, the rule of law, human
rights, the independence of the Judiciary and freedom of opinion and expression.
d) In his address, his excellency the President of the Republic of Cape Verde, Mr. Antonio
Mascarenhas Monteiro asserted that the African Charter on Human and Peoples’ Rights was a
significant step forward for the people of Africa. President Monteiro said that current development
democratization gave rise to the hope of the establishment in the near future of an African Court on
Human and Peoples’ Rights. The President emphasized the fact that democracy should not be limited
to institutional mechanisms only, but should rather bring about – through economic and social
progress – a genuine human rights culture. In conclusion, President Monteiro declared the 18Th
Ordinary Session of the African Commission on Human and Peoples’ Rights open and wished it
success.
8. After the official opening ceremony, two new members of the Commission, Mr. Kamel Rezag-Bara
and Mrs. Julienne Ondziel-Gnelenga took the oath of office. Each one of them swore as follows: “I
swear to carry out my duties well and faithfully in all impartiality”.
9. The Commission then proceeded to elect its office bearers. There were three candidates –
Commissioners Isaac Nguema, Hatem Ben Salem and U.O. Umozurike – for the post of Chairman,
professor Isaac Nguema was re-elected.
10. Prof. E.V. O Dankwa, the sole candidate for the post, was elected vice chairman of the
Commission.
11. During its deliberations, the Commission discussed mainly, the following items:
- Consideration of applications for observer status ;
- Review of periodic reports of countries ;
- Consideration of amendments to the Rules of Procedure ;
- Review of article 52 of the Charter ;
- Activity report of the commissioners ;
- Consideration of the issue of extra-judicial, summary and arbitrary executions ;
- Report on the implementation of resolution AHG/ Res. 230 (XXX) on the establishment of an African
Court on Human and Peoples’ Rights ;
- Organization of forthcoming seminars and conferences ;
- Publication of the review and newsletter of the Commission
- Prison conditions in Africa ;
- Protection activities ;
- Administrative and financial matters ;
- The situation of the documentation centre of the Commission ;
- Dividing States parties among members of the Commission for promotional activities ;
12. Observer status was granted to 13 new non-governmental organizations. The list of these NGOs is
available at the Secretariat. The number of NGOs status has therefore increases from 154 to 167.
13. representatives of the Governments of Algeria, Benin, Cameroon, Nigeria, Togo, Swaziland,
Tunisia and Zambia took part to the Session.
14. The representative of the Government of Algeria announced that, among other things, he had
submitted to the Secretariat, the first report of his country which will be examined at the 19Th
Ordinary Session of the Commission .
15. representatives of Benin, Cameroon, Togo and Swaziland asserted the willingness of their
governments to cooperate with the Commission .
16. furthermore, Swaziland’s delegate announced that Swaziland had already ratified the African
Charter on Human and Peoples’ Rights and that the instrument of ratification had been sent to the
office of the Secretary General of OAU.
17. During its Session of 3rd October 1995, the Commission discussed Tunisia’s first periodic report
which was presented by two delegates of the government of Tunisia, namely Mr. Ali Benmalek,
charge de missions in the Ministry of Foreign Affairs and Mr. Habib Cherif, an Advisor in the Ministry
of Justice
18. The Commission expressed satisfaction with the quality of the report presented by Tunisia and
with the interest demonstrated by the Tunisian Government in keeping its commitment to the
provisions spelt out in the African Charter on Human and Peoples’ Rights.
19. The Commission noted with regret that it could not discuss the country report of Mozambique,
Mauritius and Seychelles as indicated on the Agenda because these countries had not sent delegates
to the Session to present their reports to the Commission .#
20. The Commission heard speeches delivered by representatives of the following African and
International non-governmental organizations:
- Mr. Ahmed Motala : Amnesty International ;
- Mr. Alioune Tine : Rencontre Africaine pour la Défense des Droits de l’Homme
- Mr. Salah Zeghidi : Ligue Tunisienne pour la Defense des Droits de l’Homme.
- Mr. Aref Mohamed Aref : Association des Droits de l’Homme de Djibouti
- Mr. Ahmed Othmani : Penal Reform International ;
- Mr. Chidi Odinkalu : Interights ;
- Mr. Jamal Abderrahim : Union des Avocats Arabes ;
- Mr. Fernandez Gomez : Forum des ONG des pays Lusophones.
- Mr. Massalbaye Tenebaye : Union Inter-Africaine des Droits de l’Homme
- Mr. Kaudhis Ouffoumou : Association Internationale pour la Démocratie
- Mr. Sylver Ntukamazina : Ligue Burundaise des Droits de l’Homme ;
- Mr. Benedict Sannoh : Center for Democracy and Human Rights – Liberia
- Mr. Gerd Oberleitner : World University Service ;
- Mrs. Bernadette Palle : Coordinator of the “ Femmes Africaines et Droits Humains” Network ;
- Mrs. Ayodele Atsenuwa : Legal Research and Resource Development – Nigeria
- Mr. Joseph Henry Joof : African Centre for Democracy and Human Rights Studies – Gambia ;
- Mr. Eze Onyekpere : Civil Liberties Organization.
21. Mr. Ahmed Cassim Motala presented the resolutions and recommendations of the 9Th workshop
of NGOs participating in the meeting of the African Commission . Mr. Motala highlighted the
following issues :
(a) the role of NGOs in strengthening the African Commission ;
(b) the human rights situation in a good number of African countries ;
(c) the role of the Special Rapporteur on extrajudicial, summary and arbitrary executions.
(d) The monitoring of the respect of economic, social and cultural rights in Africa
22. On behalf of Penal Reform International, Mr. Ahmed Othmani presented a draft resolution on
appointing a special rapporteur of the African Commission on Human and Peoples’ Rights who would
look into prison conditions in Africa.
23. Mrs. Ige Tokunbo, the International Commission of Jurists’ (ICJ) Legal Officer for the Africa
presented a draft resolution on appointing a special rapporteur to the African Commission who
would deal with the right of women in Africa. Mrs. Tokunbo also mentioned the preparation of a
draft additional protocol to the African Charter on Human and Peoples’ Rights on the issue of the
rights of women.
24. Members of the Commission presented their reports on promotional activities undertaken during
the intersession.
25. The Commission discussed and adopted amendments to its Rules of Procedure.
26. Members of the Commission exchange their points of view on the interpretation of Article 58 of
the African Charter on Human and Peoples’ Rights
27. With regard to protection activities, the Commission reviewed 41 communications.
28. The Secretary to the Commission presented to the Commission the report of his activities during
the intersession. The Commission considered, in particular, matters pertaining finance, the
organization of the documentation Centre and the preparation and publication of the Commission ’s
Review.
29. The Commission reiterated its decision to organize the following seminars :
- The right to fair Trial and to legal assistance ;
- Popular participation and non-formal education ;
- Human rights in the new South Africa ;
- Freedom of movement and issues related to refugees and displaced people in Africa ;
- Prison conditions in Africa ;
- Peaceful resolution of ethnic and social conflicts in Africa ;
- Contemporary forms of slavery;
- Impunity ;
- The rights of women ;
- Economic, social and cultural rights in Africa ;
30. the Commission distributed States parties among its members for promotional activities.
31. The Commission reviewed thematic resolutions as well as resolutions on countries made by the
9Th ICJ workshop which had been held just before the 18Th Ordinary Session of the Commission . In
view of the importance of most of the points raised in those resolutions and in view of time
constraint, the Commission decided to postpone the deliberations thereon to its 19Th Ordinary
Session. This will enable the Commission to discuss the resolutions in detail.
32. due to its heavy schedule, the Commission decided to postpone to its next session discussion on
criteria for granting observer status to NGOs and conditions pertaining to the status.
33. on the 6Th October 1995, the commissioners were invited by His Excellency the President of Cape
Verde, Mr. Antonio Mascarenhas Monteiro to lunch at the State House.
The commissioners were also invited to dinner by the Hon. Minister of Justice , Mr. Pedro Freire on
the 11Th October 1995.
34. The Commission called upon Angola, Botswana, Burundi, Burkina Faso,
Cameroon, Comoro Islands, Congo, Cote D’Ivoire, Djibouti, Equatorial Guinea, Gabon, Kenya,
Lesotho, Liberia, Madagascar, Malawi, Mali, Mauritania, Namibia, Niger, The Saharan Arab
Democratic Republic, Sao Tome Ad Principe, Sierra Leone, Somalia, Sudan, Zaire And Zambia to
present their initial reports as soon as possible.
35. The Commission called upon Ethiopia, Eritrea, and South Africa to ratify the African Charter on
Human and Peoples’ Rights as soon as possible.
36. The closing ceremony of the 18Th Ordinary Session was held on the 11Th October 1995 on the
premises of the National Assembly of the Republic of Cape Verde . the Hon. Minister of Justice if
Cape Verde, Mr. Pedro Freire, presided over the ceremony.
37. The chairman of the Commission held a press conference after the closing ceremony.
38. The Commission decided that its 19Th Ordinary session will be held in Ouagadougou, Burkina
Faso in March 1996 at the invitation of the government of Burkina Faso.
Praia , Cape Verde, 11Th October 1995