African Commission on
Human & Peoples' Rights
Commission f \ fricaine des Drott~.
de l'Homrn e et des Peu plcs
l<airaba Avenue
P.O. Box 673
BANJVL, The Ctambia
Tel. 92964
ACHPR/FIN COM/2ND EXTRA ORDINP..RY /XIX
19TH ORDINARY SESSION
26TH MARCH - 4TH APRIL, 1996
OUAGADOUGOU, BURKINA FASO
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2ND EXTRA-ORDINARY SESSION OF
THE AFRICAN COMMISSION ON
HUMAN AND PEOPLES RIGHTS
18TH - 19TH DECEMBER, 1995
KAMPALA - UGANDA
FINAL COMMUNIQUE
1.
The African Commission on Human and Peoples Rights held its
second extraordinary session from the 18th - 19th December 1995
in Kampala (Uganda) under the Chairmanship of Professor Isaac
Nguema and centred principally on the examination of human rights
situation in Nigeria.
2.
Present at the session were the following commissioners:
Prof. Isaac Nguema - Chairman
Prof. Emmanuel v.o. Dankwa - Vice Chairman
Dr. Hatem Ben Salem
Mr. Atsu Koffi Amega
Justice Robert-Habesh Kisanga
Mr. Kamel Rezzag-Bara
Mrs. Julienne Ondziel-Gnelenga
3.
Absent with apology:
Mr. Alioune Blondin Beye
Mr. Youssoupha Ndiaye
Mrs. Vera Duarte Martins
Prof. o. Umozurike
The opening ceremony was held on 18 Decen<l
.995 at 9.30
at the International Conference Centre - Kampa .
presence of
Honourable
Fo:r ~
Affairs
of
Pan-African
4.
uganda,
Ruhakana Rugunda,
Col.
Kahinda
Minister
ottafire,
of
Chairman
of
Movement and Mrs. Tokumbo Ige, representative c
.:.he secretary
General of the International commission of Juri ::.
>•
5.
Also present were official representatives of the Federal
Republic Government of Nigeria, led by His Excellency the High
2
Commissioner of Nigeria to Uganda, Ambassadors and Heads of
Diplomatic Missions accredited to Uganda, representatives of
inter-governmental
and
non-governmental
organisations,
representatives from the Press and invited guests.
6.
The formal opening session was marked by a welcome address
by Prof. Isaac Nguema, Chairman of the African commission on
Human and Peoples' Rights who asked the audience to observe a
moment of silence in memory of late Grace Ibingira, former member
of the Commission who died recently.
7.
The floor was given to Col. Kahinda ottafire, Chairman of
the Pan-African Movement, who recalled briefly the history of the
movement whose evolution is linked to the long struggle of the
African
continent
against
colonialism,
apartheid
and
exploitation.
Talking about the situation of human rights in
Africa, the Speaker insisted on the necessity of holding frank
and open discussions concerning the sovereignty of states and
peoples' freedom.
8.
on behalf of the Secretary General of the International
Commission of Jurists, Mrs. Tokumbo Ige, Legal Officer for Africa
delivered a message expressing the support of the International
Commission of Jurists
to
the holding of this
extra-ordinary
session centred on the examination of human rights situation in
Nigeria.
Talking about the continuing serious violation of human
rights in Nigeria, Mrs. Tokumbo Ige recalled the decisions taken
to that effect by Commonwealth states, the European Community and
the UN and wished that the African Commission use all legal means
at its disposal to help improve the human rights situation in
that country in order to restore democracy and good governance.
9.
In his opening remarks, Prof. Isaac Nguema, Chairman of the
African Commission on Human and Peoples' Rights recalled the
emotion expressed by African and world opinion leaders towards
3
the execution of playwright Ken Saro-Wiwa and his a comrades of
the Movement for the Survival of the ogoni people. Talking about
some burning events concerning human rights situation in Africa,
Prof. I. Nguema indicated that the extra-ordinary session should
give the continent the occasion to express itself on the
modalities to develop in the framework of the principles of
universality and indivisibility of human rights.
10. Honourable Ruhakana Rugunda, Ugandan Minister of Foreign
Affairs delivered a message in which he recalled the mandate of
the African Commission on Human and Peoples' Rights in the
protection and promotion of human rights.
Observing that the
African continent had never accorded enough attention to this
issue, the Minister regretted the persistent political tensions
in Africa principally due to the absence of democracy and good
governance.
On the major focus of the holding of the extra-ordinary
session, the Minister indicated that his Government had condemned
recent events which took place in Nigeria regarding human rights
violations and recalled that the Commission's attention should
equally spread to other regions of the continent where gross
violations take place and wished that through dialogue, we can
establish peace and stability in Africa.
11.
The Commission adopted the following agenda:
1.
2.
3.
4.
5.
Opening ceremony
Adoption of the agenda
Organisation of proceedings
state of human rights in Nigeria.
a)
Summary and arbitrary executions
b)
compatibility between internal legis l ation in
Nigeria and certain articles of the African
Charter on human and peoples rights.
Examination of practical measures to take faced with
the prevailing situation in Nigeria.
4
6.
Examination of certain urgent situations concerning
human rights in Africa, notably in Burundi
7.
a.
12.
Adoption of the Session report
Closing ceremony.
The Commission nominated Commissioner Kisanga rapporteur of
the session and Commissioner Rezzag-Bara to write
the
final
communique.
13.
In the course of the afternoon session on the 18th December
1995, His Excellency the Ambassador Ahmed Haggag, Assistant
Secretary General of the OAU delivered a message on behalf of the
Secretary
General,
indicating
the
preoccupation
of
the
continental Organisation on the situation of human rights in
Nigeria.
He recalled the recent visit undertaken by His
Excellency Salim Ahmed Salim, Secretary General of the OAU in
Nigeria, as well as the Special summit held in Pretoria by SADC
member states.
Ambassador A.
Haggag indicated that the OAU
intends to do everything possible to give Nigeria all the help
it needs in order to diffuse the crisis now shaking Nigeria, and
to apply the transitional programme towards democracy, as
announced by the Federal Government of Nigeria on the 1st October
1995.
14.
The Commission heard in presence of the official delegation
of the Nigerian Government interventions from non-governmental
on human rights violations in Nigeria.
15.
The Nigerian High Commissioner to Uganda, on behalf of the
Nigerian Government, also addressed the Commission.
He insisted
on the promise made by the Nigerian authorities to start off from
1 st October 1995 a
transitional programme towards a civil and
democratic government.
Emphasizing the will of the Nigerian Government to cooperate
with the Commission, the Nigerian delegation promised to submit
a written response to all the concerns expressed during the
5
action before the commission's 19th ordinary session. He also
drew the Commission's attention to slanderous campaigns against
Nigeria on the issue of human rights by -assuring the commission
that it was honouring its international obligations and legal
principles as well as the rule of law.
The Nigerian Delegation extended an invitation to the
Commission to pay them a visit during the month of February 1996.
16.
A fruitful exchange was established between members of the
Commission and Nigeria's Government representatives on major
preoccupations of which the forthcoming trial of the "19 Ogoni
people" and the compatibility of the Nigerian legislation with
the provisions of the African Charter on Human and Peoples Rights
were the major issues discussed.
The members of the Commission expressed their serious
concern on the situation of human rights in Nigeria and their
worry on measures which could aggravate the situation.
17. At the end of its deliberations, the Commission decided to
take the following practical measures concerning the situation
of human rights in Nigeria.
1.
Taking note of the readiness and will of the Nigerian
Government cooperation, the Commission decided to ask
the current president of OAU and the Secretary General
to express to the Nigerian Authorities that no
irreparable prejudice is caused to the 19 ogoni
detainees whose trial is pending.
2.
In order to intensify the dialogue between the
Commission and the Nigerian Authorities, a delegation
composed of the Chairman, Vice-chairman, and the
Special Rapporteur on summary and arbitrary executions
shall undertake a mission to Nigeria from 16 to 21
February 1996.
6
3.
The report of the extraordinary session shall be
submitted to the current Chairman of the OAU, the
United Nations Secretary General and the United
Nations High Commissioner for Human Rights.
4.
The Commission shall write a statement to the UN
Commission on Human Rights during its next session on
the evolution of the situation of human rights in
Nigeria in light of the results of its extraordinary
session and its proposed mission.
s.
During its 19th session, the Commission will consider
the mission's report on the human rights situation in
Nigeria as well as the Special Rapporteur's report on
summary and arbitrary executions.
6.
The commission invites the Government of Nigeria to
submit in conformity with article 62 of the Charter,
its periodic report on the measures taken to ensure
compliance with the rights and liberties recognised
and
guaranteed
in
the
Charter,
relevant
past
resolutions and decisions of the commission as well as
with the provisions of the Charter, relating to the
independence of the judiciary, the safety of persons
and property, the freedom of -opinion and expression
and social rights of workers.
18. The Commission heard a communication on the prevailing
situation in Burundi where armed bandits cause permanent
insecurity provoking assassinations and massive displacement of
the civilian population
The Commission's attention was drawn to the urgent need to
assist in improving the judicial system, prison administration
and the national reconciliation process.
7
19. The debate that followed allowed the Commission to express
its fears on the rapid deterioration of the situation in Burundi.
This issue will be further considered at the 19th session.
20. In the light of the human rights situation in Africa, the
Commission decided to analyse in depth the idea of putting into
place an early warning mechanism in case of emergencies and
called upon the NGO community to render assistance in that field.
21. The closing ceremony took place on the 19 December 1995 at
the International Conference Centre in Kampala, Uganda in the
presence Hon. Joseph Ekemu, Minister of Justice of Uganda who
addressed the meeting.
Done in Kampala, 20 December 1995