72
3rd Acttvity Report
3rd ACTIVITY REPORT OF THE AFRICAN
COMMISSION ON HUMAN AND PEOPLES' RIGHTS*
Adopted on 28 April 1990
Covering the 6th and 7th O,rdinary Sessions in Banjul (October/November 1989
and Aprill990) as well as intersession activities
REPORT
I. Organization of work and any other business ................................ 72
A. Period covered by the Report .............. ~ ................................ 72
B. Status of Ratification ......................................................... 73
C. Session and Agenda ........................................................... 73
D. Composition and Participation ............................................. 73
E. Chairman, Vice-Chairman and Secretary of the
Commission ..................................................................... 73
F. Other Business ................................................................. 73
G. Adoption of the Report ...................................................... 74
II. General remarks of the Commission ........................................... 74
Promotional Activities ............................................................. 74
(a) Seminars .......................................................................... 74
(b) Publications ...................................................................... 74
(c) Observers ......................................................................... 75
III. Periodic reports ...................................................................... 75
IV. Consideration of communications ............................................... 75
V. Next sessions ......................................................................... 75
ANNEXES
I. State of ratification of the African Charter on Human and
Peoples' Rights ...................................................................... 75
II. Letter of the Chairman of the Commission urging the
ratification of the Charter ......................................................... 77
III. Agenda of the Sixth Ordinary Session of the Commission
(23rd October- 4th November 1989) .......................................... 77
IV. Agenda of the Seventh Ordinary Session of the Commission ............ 78
V. List of Members of the Commission ............................................ 78
VI. List of Seminars attended by Members of the Commission ............... 79
VII. List of Organizations granted observer status
with the Commission ............................................................... 80
I. Organization of work and any other business
A. Period Covered by the Report
1. The Second Activity Report of the African Commission on Human and
Peoples' Rights was adopted by the Commission on 14th June, 1989 in Banjul (see
above at p. 32 ff.). It covered two ordinary sessions (Cairo 17-26 October 1988Benghazi 3-14 April 1989) and one extraordinary session (13-14 June 1989,
Banjul). The second report was adopted by the twenty-fifth session of the Assembly
of Heads of State and Government ofthe OAU by its Resolution AHG/188 (XXV).
This report, the third one, relates to the sixth and seventh ordinary sessions
(Banjul), 23 October- 4 November 1989 and 18-28 April 1990.
* Cf further U. 0. Umozurike, Presentation of the 3rd Activity Report to the OA U, infra
at p. 83.
3rd Activity Report
73
B. Status of Ratification
2. Mozambique has become the 40th State Party. It acceded to the Charter on
22nd February, 1989 and deposited its instrument of accession on 7th March 1990.
3. The list of States that have ratified or adhered to the African Charter on
Human and Peoples' Rights is attached to this Report as Annex I (see below at
p. 75f.).
4. The Chairman has on behalf of the Commission re-written to all non States
Parties urging them to ratify the African Chaner on Human and Peoples' Rights.
(The letter dated 21 February 1990 is contained in Annex II, see below at p. 77).
C. Session and Agenda
5. The Commission has held two Ordinary Sessions since its Second Activity
Report was adopted:
- the Sixth Ordinary Session was held in Banjul, The Gambia from 23rd October
to 4th November 1989;
- The Seventh Ordinary Session was held in Banjul, The Gambia from 18th to
28th April 1990.
The Agenda of all these sessions is attached to this Report as Annexes III and
IV (see below at p. 77 f.).
D. Composition and Participation
6. The composition of the African Commission on Human and Peoples' Rights
has changed. Mr. Umozurike was elected in July 1989 to fill the remaining period
of Mr. Ibingira who had resigned. The list of members of the Commission is
attached to this Report as Annex V (see below at p. 78).
7. Attendance at sessions has been as follows:
- All Commissioners attended the Sixth Session,
at the Seventh Ordinary Session, Messrs Alioune Blondin Beye, Alexis Gabou
and M. D. Mokama were absent with apology.
E. Chairman, Vice-Chairman and Secretary of the Commission
8. The mandate of the Chairman, Mr. Isaac Nguema and Vice-Chairman,
Dr. Ibrahim Ali Badawi expired.
9. At its Sixth Session, the Commission went ahead with the election of its office
bearers on the 24th October, the results of which are as follows:
- Prof. U. 0. Umozurike, was duly elected Chairman of the Commission in
accordance with Article 17 of the Rules of Procedure of the Commission.
- Mr. A. Gabou was duly elected as Vice-Chairman.
10. Taking the chair, Professor Umozurike thanked the members for electing
him and Mr. Gabou as Chairman and Vice-Chairman respectively, and pledged to
work hard in order to rise to the expectations of members. He paid tribute to Mr.
Nguema for his total devotion and commitment in conducting the affairs of the
Commission during its formative days, a task which was obviously very delicate
and most demanding. He promised to carry on from where Mr. Nguema had
stopped, and counted on the members for the necessary support in trying to
achieve the set objectives of the Commission.
11. Mr. Ngabishema Mutsinzi continues to be the Secretary oft he Commission.
F. Other Business
Matters relating to Situation of Human Rights in Africa
U. In the course of the general discussions, the African Commission on Human
and Peoples' Rights dwelt on the situation of human rights and freedoms in certain
74
3rd Activuy Report
African countries. It expressed its heartfelt satisfaction at the release of Nelson
Mandel a and the Independence of Namibia which has become the 51st Member
State of the OAU since 10 Aprill990.
13. It approved the mess.tgc>' of support and solidarity issued on these occasions
by the Chairman of the Commi'ision.
14. It expressed the hope that the people of South Africa will continue the
struggle in unity and solidarity until apartheid is totally dismantled and a
democratic and non-racial society emerges.
15. During the in-depth and serious discussions, members of the Commission
unanimously expressed their grave concern about the situation of human and
peoples' rights in Africa. All African countries should take this concern into
account with a view to ensuring the rule of law in each State. This was the solemn
pledge made by African countries when they instituted and adopted a Charter
which guarantees inter alia, the right to life, the inviolability of the human being,
the security of the person, the right to be tried within a reasonable period by an
impartial court or tribunal and the right of each citizen to participate freely in the
government of his country.
16. However, mass media reports have proved that certain African countries
had deliberately violated this solemn pledge.
17. The African Commission issued a solemn anp strong appeal to these
countries to immediately take all necessary measures to put an end to that.
18. It gave mandate to its Chairman to approach these countries and the
authorities of the OAU on that matter with a view to verifying these informations
and reporting to the Commission at its next session.
G. Adoption of the Activity Report
19. On 28th April 1990, the Commission considered the draft of this third
Activity Report. After discussions resulting in amendments, the Activity Report
was adopted by the Commission.
II. General remarks of the Commission
Promotional Activities
(a) Seminars
20. In keeping with the Programme of Action members of the Commission
attended seminars which are listed in Annex VI (see below at p. 79).
(b) Publications
- On the issue of publications, the Commission noted with concern that the
General Secretariat has not published the first and second reports of activity of
the Commission apparently because of lack of funds. For making up for that
situation, the Commission sought the help of the United Nations Centre for
Human Rights in Geneva whereby the Centre had promised to help the
Commission with the publication of 2000 copies of the first and second reports
of the activities of the Commission.
- The Centre has graciously agreed also to publish and circulate, as UN
documents, some of the documents containing information on the Commission
notably the text of the African Charter and the Rules of Procedure of the
Commission.
- At present, the Commission prepares to launch the first edition of its own
nnhllr~tinn
"ThP
AfrlP'.:ln
l)p.,jQ.l1/
non
u .................. ....... .....~
D.-..-..~1~~'
n:_L..__,
3rd Activity Report
75
contributions provided by the UNESCO and the Commission of the European
Community.
(c) Observers
21. In pursuance of Rules 76 and 77 of its Rules of Procedure, the Commission
has granted certain non-governmental organizations observer status.
22. The NGOs which have so far been granted observer status are in the list
attached to this report as Annex VII (see below at p. 80).
III. Periodic Reports
23. The Great Socialist Peoples' Libyan Arab Jamahiriya was the first State
Party to submit a periodic report in accordance with Article 62 of the Charter.
This report will be examined at a next session.
IV. Consideration of Communications
Protection Activities
24. Since its beginning, the Commission received and considered 105
communications of which 16 are directed against States Parties to the Charter.
25. With the view to continuous improving the handling ofthe communications,
the Commission instructed its Secretary as to ways and means which should be
followed in processing complaints.
V. Next Sessions
26. Dates and venues of the next sessions will be determined in consultation
with the OAU General Secretariat.
ANNEX I
List of States Parties to the African Charter
on Human and Peoples' Rights
(seep. 76)
76
3rd Activity Report
African Charter on Human and Peoples' Rights
No.
Country
Date of
Signature
Date of
Ratification
Date
Deposited
I.
2.
1
4.
5.
6.
7.
8.
9.
10.
II.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
32.
33.
34.
35.
36.
37.
38
39.
40.
41.
42.
43.
44.
45.
46.
47.
48.
49.
50.
Algeria
Angola
Benin
Botswana
Bmundi
Burkina Faso
Cameroon
Cape Verde
Central African Republic
Chad
Comoros
Congo
Djibouti
Egypt
Equatorial Guinea
Ethiopia
Gabon
Gambta
Ghana
Guinea
Guinea-Bissau
Cote d'lvoire
Kenya
Lesotho
Liberia
Libya
Madagascar
Malawi
Mali
Mauritania
Mauritius
Mozambique
Namibia
Niger
Nigeria
Rwanda
Sahrawi Arab Dem. Rep.
Sao Tome & Principe
Senegal
Seychelles
Sierra Leone
Somalia
Sudan
Swaziland
Togo
Tunisia
Uganda
Tanzania
Zaire
Zambta
10/04/86
11!•111·~7
211,(11•.~7
211,UI!86
25/02/86
22/07/86
30/08/89
21109/84
IR/01118Y
~1
7imh:.~hwP
J7,U7i~6
05/03/84
23/07/87
31/03/86
28/07/89
06/07/84
20/06/89
02/06/87
2n'll4/8n
II' I III :,n
(){),(1,"-"; ;-;;
27/11181
II'J: ICio2
27!117/ol>
11/11/86
18/07/86
17/0!/83
16/11/81
18/08/86
20/03/84
07/04/86
03/04/84
18/08/86
26/02/82
11/02/83
20102/86
08ifi6'XI
2410 L0~
29/05/86
II! IJI•,S6
Ioll!2n-.2
26/06/86
J\'fln 1,q3
Ul It\ oY
I l,t), Xc
04/!2/85
Obi111 or,
07/03/84
31101183
30/05/85
04/08/82
19107186
29112/82
26/03/87
17102/89
I II] I•,q I
21 1 12'~1
. . o: 0~
!411ft ,\(,
23/02/90
22/01182
26/06/86
22!1l2 'SIJ
07/03/90
15/07/86
22/06/83
!5/07/83
02/05/86
23/05/86
13/08/82
21107/86
27/07/83
22/07/83
23/05/86
28/07/86
25110/82
2711, ,\J
S2
(111101-.2
21109/83
271(11 ~4
201111 .\o
!l/(11;1-.l;
26/02/82
O.~tl I .\2
18/08/86
31105182
23/07/87
17/01183
16103' c;;
10/05/86
18/02/84
20107187
10/01/84
22111 '"
221114103
27/05/86
09/03/84
28/07/87
02/02/84
7010?/gf>
7010,/Q,;
1'1/(lf../Qh.
09/12/81
~
09/07/86
31/08/82
11/11181
10/04/86
23/09/81
2(~,()~
\ 1'0'7 18'\
IX. 0~ X()
77
3rd Activay Report
ANNEX II:
Ratification of the African Charter on Human and Peoples' Rights
His Excellency
President of the People's Republic
of
African Commission on
Human and Peoples' Rights
P. 0. Box 673, Banjul,
The Gambia
21 February, 1990
May I recall, Your Excellency, that the Afr.ican Charter on Human and
Peoples' Rights was adopted by the Assembly of African Heads of State in
Nairobi in 1981 and came into force on 21 October 1986. The Commission of the
African Charter on Human and Peoples' Rights was inaugurated on 2 November
1987 and has been doing its best to carry out the responsibilities vested on it by the
Charter.
As we go through the latest list of ratifications, we notice that your Excellency's
State is not yet included. This does not imply that you are not concerned with the
activities of the Commission. Your Excellency's State helps to fund the
Commission through its contributions to the OAU; it considers the annual reports
and through the Assembly and Secretariat generally exercises control over the
Commission. What remains therefore is to formally recognize your interest,
obligations and responsibilities under the Charter.
The Charter is considered to reflect the hopes of African people for a fuller and
better life in which their States accept to observe certain minimum standards of
treatment for their citizens. The Charter incorporates authentic African
philosophy on human and peoples' rights which are regarded as unique in the
doctrine of human rights. I am convinced, Your Excellency, that it will be in
furtherance of Your Excellency's State's role in Africa to ratify the Charter and
give formal recognition to the activities you are already performing in furthering
the promotion and protection of human rights in Africa. This hope is wellfounded and I crave for Your Excellency's personal intervention in the matter.
I have the honour to be.
Yours faithfully,
Prof. U. 0. UMOZURIKE,
Chairman, African Commission
on Human and Peoples' Rights
ANNEX III: Agenda of the sixth ordinary Session
(23 October- 4 November 1989)
1. Opening Session
2. Election of Bureau
3. Adoption of Agenda
4. Organisation of Work
,
(a) 10 hrs -13 hrs; 16 hrs -18.30 hts
-Friday 27th October Afternoon- Free; Saturday 28th October Afternoon- Free
-1st November- Working Session; 3rd November- Working Session
(b) Appointment of Rapporteur
5. Action by the 25th Session of the Assembly of Ht;ads of State and ~overnment on the
2nd Activity Report of the Commission.
6. Report of the Activities of the President and "''embers of the Commission during the
Intersession period.
·------------
78
3rd Activity Report
7. Consideration of Communications.
8. Promotional Activities; Publications and Distribution.
9. Question of observers.
10. Questions relating to the Headquarters.
11. Relations between the Commission and the African Centre for Democracy and Human
Rights Studies.
12. Consideration of the Report on Privileges and Immunities of Commissioners.
13. Any Other Business.
14. Date, Venue and Draft Agenda of the 7th Session.
15. Adoption of the Report of the Session.
16. Final Communique.
ANNEX IV: Agenda of the seventh ordinary Session (18- 28 April 1990)
1. Opening Session
2. Adopt ton of Agenda
3. Org<~ntzation of work
4. Appotntment of Rapporteur
5. Matters arising from the last meeting
6. Consideration of national periodic reports
7. Reports of activities of the Chairman, Members and Secretary of the Commission
during the Intersession:
a) Report of the Chairman; b) Report of Members; c) Report of the Secretary
8. OAU Convention on Privileges and Immunities:
Privileges and Immunities of Members of the Commission
9. Organization of the activities of the Commission:
a) Protective activities; b) Promotional activities
10. Consideration of the Rules of Procedure
11. Report on the activities of the OAU relevant to the Commission
12. Annual Activity Report
13. Observers
14. Draft Budget of the Commission
15. Any Other Business
16. Date, Venue and draft agenda of the 8th Session
17. Adoption of the Report of the Session
18. Final Communique
ANNEX V: List of members of the Commission
1. Prof. U. Oji Umozurike"Chairman
2. Alexis Gabou, Vice-Chairman
3. Alioune Blondin Beye, Member
4. Ali Mahmoud Buhedma, Member
5. Dr. Ibrahim Ali Badawi El Sheikh, Member
6. Sourahata Baboucar Semega Janneh, Member
7. Justice Robert Habesh Kisanga, Member
8. Moleleki D. Mokama, Member
9. C. L. C. Mubanga-Chipoya, Member
10. Youssoupha Ndiaye, Member
11. Isaac Nguema, Member
Secretary to the Commission: Ngabishema Mutsinzi
3rd Acllviry Report
79
ANNEX VI
Seventh Session of the African Commission on Human and Peoples' Rights
Intersession activity Report
of the Chairman of the African Commission on Human and Peoples' Rights
November 1989- April1990
1. Three members oft he Commission -Mr. R. H.Xi,an~.l. Mr. I. Nguema, and
Prof. U. 0. Umozurike - attended a symposium on the J uJiciary and Human
Rights organized in Banjul by the African Society of International Law in
collaboration with the African Commission on Human and Peoples' Rights and
the African Centre for Democracy and Human Rights Studies. Prof. Umozurike
delivered a paper on Autochthony in the African Charter.
2. The Chairman addressed staff and students of the University of Lagos on the
African Commission on 5 December 1989.
3. The Chairman issued a statement on the 10 December 1989 to mark the 41st
Anniversary of the Universal Declaration on Human Rights.
4. On 5 January 1990, the Chairman issued a call to Nigerian non-governmental
organisations to seek observer status with the African Commission on Human and
Peoples' Rights.
5. Six members of the Commission-Mr. R. H. Kisanga, Mr. Y. Ndiaye, Dr. A.
Gabou, Mr. I. Nguema, Mr. S. Semega-Janneh and Prof. U. 0. Umozurikeattended a Seminar organised jointly in Costa Rica by the Inter-American
Institute of Human Rights, Inter-American Court of Human Rights and InterAmerican Commission on Human Rights on 8-12 January 1990. All the Members
participated in discussions on the Inter-American Commission and African
Commission.
6. On 16 January 1990, the Chairman paid a courtesy call on the Nigerian
President, General Ibrahim Babangida.
7. The Chairman attended the Ministerial Council of African Foreign Ministers
held in Addis Ababa 19-24 February 1990 and delivered an address. He and the
Secretary held discussions with the Secretary-General of the OAU and observed
the deposit of instruments of ratification of the African Charter by the Republic
of Malawi and addressed letters to Heads of State that have not yet ratified the
Charter.
8. The Chairman attended the Meeting of the UN. Commission on Human
Rights held in Geneva and delivered an address on 9 March 1990. He held
discussions with the officials of the Commission on the requirements of the
African Commission.
9. Four Members of the Commission-Mr. B. Beye, Mr. R. H. Kisanga, Dr. A.
Gabou and Prof. U. 0. Umozurike- attended the Afro- European Conference on
Human Rights organized in Strasbourg by the Friedrich Naumann Foundation on
26-30 March. The Chairman delivered a paper on the working of the African
Commission on Human and Peoples' Rights. The Commissioners discussed
cooperation between (the European and) African Commission with their
European counterparts.
10. The Chairman addressed a letter to President Nujoma on the occasion of
Namibia's Independence.
11. The Chairman received an application by the Catholic Commission for
Justice and Peace in Zimbabwe for observer status dated 13 March 1990.
80
Jrd Activity Report
12. The Chairman received a complaint from International Pen Writers in
Prison Committee against Malawi, dated 12 March 1990.
13. The Chairman is convinced of the need to carry on promotion activities in
all member states through lectures and seminars and urges the Commission to
address itself seriously to them.
U. 0. Umozurike
BANJUL, 20/4/90
Chairman, African Commission on
Human and Peoples' Rights
ANNEX VII
LIST OF ORGANIZATIONS GRANTED OBSERVER STATUS
WITH THE AFRICAN COMMISSION ON HUMAN AND PEOPLES' RIGHTS
No.
NAME AND ADDRESS OF
THE ORGANIZATION
DATE GRANTED
SESSION OF THE
OBSERVER STATUS/ COMMISSION/
1.
AMNESTY INTERNATIONAL
International Secretariat
1, Easton St., London WCIX 8DJ
United Kingdom
28 April, 1988
3rd Session,
Libreville/Gabon
2.
INTERNATIONAL COMMISSION OF JURISTS 28 April, l'IXo
(COMMISSIONINTERNATIONALE
DE JURISTES)
P.O.Box120
109, Route de Chene, CH -1224 Chene-Bougeries
GENEVA
3rd Session,
Libreville/Gabon
3.
AFRICAN ASSOCIATION OF INTERNATIONAL LAW
(ASSOCIATION AFRICAINE DE DROIT
INTERNATIONAL)
University ofNairobi
P.O. Box 30197
Nairobi/Kenya
3rd Session,
Libreville/Gabon
4.
INTERNATIONAL TRAINING CENTER
IN THE FIELD OF HUMAN RIGHTS
180ctober,1988
(CENTRE INTERNATIONAL DE FORMATION
AL'ENSEIGNEMENTDES DRO!TS DE
L'HOMME ET DELAP AIX)
do EIP, 5, Rue du Simplon
CH -1207 GENEVE
28April, 1988
4th Session
Cairo/Egypt
81
3rd Activity Reporr
5
THE ARAB LA WYERS UNION
(UNION DES A VOCATSARABES)
180ctober, 1988
13, lttehad EJ-Mouhameen
EJ-Arab Street
Garden City
4th Session
Ca1ro/Egypt
Egypt
6
EGYPTIAN UNITED NATIONS ASSOCIATION
18 October I"''
(ASSOCIATIONEGYPTIENNE DES
4th Session
Cairo/Egypt
NATIONS UNIES)
28, Talaat Harb St.
Flat 710
Ca~ro/Egypt
7.
THE AFRICAN JOURNALISTS UNION (AJU)
(UNION DESJOURNALISTES AFRICAINS)
22 October, 1988
I, Talaat Harb St.
4th Session
Catro/Egypt
P.O. Box7l,BabEILouk
Cairo/Egypt
8.
THE AFRICAN SOCIETY
(LA SOCIETE AFRICAINE)
220ctober,1988
4th Session
Cairo/Egypt
12Apnl !•I'"
5th Session
Benghazi/Libya
12April, 1989
5the Session
5, Ahmed Hishmat St.
Zamalik
Cairo/Egypt
9.
ASSOCIATION SENEGALAISE D'ETUDES ET
DE RECHERCHES JURIDIQUES (ASERJ)
Palais de Justice
B.P. 9003
Dakar/Senegal
10.
ASSOCIATION DES CONSULTANTS INTERNATIONAUX EN DROITS DE L'HOMME (CID)
(ASSOCIATION OFINTERNA TIONAL
Benghazi/Libya
CONSULT ANTS ON HUMAN RIGHTS)
Case Postale 529
Ch-1211 GENEVE 6 /Switzerland
11.
HUMAN RIGHTS INTERNET
University of Ottawa
4 November, 1989
6th Session
Banjui/Gambia
4 November, 1989
6th Session
57 Louis Pasteur
Ottawa, Ont. KIN 6N5
Canada
12.
LE MOUVEMENTBURKINABE DES DROlTS
DE L'HOMME ET DES PEUPLES (MBDHP)
THE BURKINABE MOVEMENT ON HUMAN
Banjul/Gambia
AND PEOPLES' RIGHTS
OJ BP 2055 ·Ouagadougou 01/Burkina Faso
13.
THE LAWYERS COMMITTEE FOR
HUMAN RIGHTS
330. Seventh Avenue, lOth Floor N
New York, N.Y. 10001
Telex 5!06005783
U.S A.
4 November 1');-.,I.J
6th Session
Banjui/Gambia
82
14.
15.
16.
17.
18.
19.
3rd ActiVIty Report
THE AFRICAN CENTRE FOR DEMOCRACY
AND HUMAN RIGHTS STUDIES
KairabaAvenue- P.O.Box
BanjulfThe Gambia
ARAB ORGANIZATION FOR HUMAN RIGHTS
I7, Midan Aswan- Mohandessin
Guizeh- Tel. 3466582
Egypt
orlou
P.O.Box82
1211, GENEVA28/ Switzerland
Tel. 7916182
OBSERVATOIRE DE L'!NFORMATION
17, rue Abbe-de-l'Epee
34000 Montpellier
France
HUMAN RIGHTS WATCH/ AFRICA WATCH
90 Borough Street
London SEI ILL/U.K.
Tel (01) 378-8008
Fax (01) 378-8029
THE CATHOLIC COMMISSION FOR JUSTICE
AND PEACE IN ZIMBABWE
P. 0 .Box 8493 Causeway
Harare/Zimbabwe
THE INTERNATIONAL ORGANIZATION FOR
THE ELIMINATION OF ALL FORMS OF
RAC!ALDISCRIM!NATION(EAFORD)
2025 Eye Street, NW, Suite 1120
Washington, DC20006
U.S.A
4November, 1989
6th Sess1on
Banjui/Gambia
4 November 1989
6th Session
Banjui/Gambia
4 November, 1989
6th Session
Ban1ul/Gambia
4 November I()i-o')
6th Session
Banjui/Gambia
28 April, 1990
7th Session
Banjui/Gambia
28April, 1990
7th Session
Ban1ui/Gambia