ACHPR/COM.FIN/XVI
16TH ORDINARY SESSION
25 OCTOBER - 3 NOVEMBER 1994
BANJUL, THE GAMBIA
FINAL COMMUNIQUE OF THE
16TH ORDINARY SESSION
OF THE AFRICAN COMMISSION ON HUMAN
AND PEOPLES RIGHTS
FINAL COMMUNIQUE OF THE 16TH ORDINARY SESSION OF THE AFRICAN
COMMISSION ON HUMAN AND PEOPLES' RIGHTS
1.
The African Commission on Human and Peoples' Rights held its
16th Ordinary Session at its Headquarters in Banjul, The
Gambia from 25th October to 3rd November 1994 under the
Chairmanship of Professor Isaac NGUEMA.
2.
The Session was preceded by the seventh workshop on NGO
participation in the work of the African Commission on
Human and Peoples' Rights, organized by the International
Commission of Jurists (ICJ) in collaboration with the
African Commission and the African Centre for Democracy and
Human Rights Studies.
3i- - The following Commissioners attended the Session:
i.
Prof. Isaac Nguema, Chairman
ii.
Dr. Mohammed H. Ben Salem, Vice Chairman
iii.
Prof. Emmanuel V.O. Dankwa
iv.
Mr. Sourahata B.S. Janneh
v.
Mr. Robert H. Kisanga
vi.
Ms. Vera Valentina B. S. Duarte Martins
vii.
Dr. Ibrahim Ali Badawi El-Sheikh
viii.
Prof. U. Oji Umozurike
4.
Mr. Alioune Beye, Mr. Atsu Koffi Amega and Mr. Youssoupha
Ndiaye could not attend and sent their apologies.
5.
The opening ceremony took place at 10.00 a.m. on 25th
October 1994 at the "Kairaba Beach Hotel" in the presence
of the Honourable Fafa E. Mbai, Attorney General and
Minister of Justice of the Gambia, and Mr. Adama Dieng,
Secretary General of the International Commission of
Jurists.
6.
Also present were:
- Ambassadors and heads of diplomatic missions;
- Officials of The Gambia Government;
- Representatives of Other States;
- Representatives of Inter-governmental and NonGovernmental Organizations;
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- Members of the Press and Other Guests.
The Commission registered with satisfaction the
participation, for the first time, of representatives of
States Parties.
7.
Prof. Isaac Nguema, Mr. Adama Dieng and the Hon. Fafa E.
Mbai addressed the opening ceremony.
8.
In his address, Prof. Nguema deplored the state of violence
and the poor human rights situation in African countries.
Prof. Nguema expressed that in order to resolve the crises
in Africa new institutional structures should be
established taking into account the presentsituation in
Africa and the aspirations of the African people as well as
the values of african civilisations.
9.
In accordance with this new model of society, Prof. Nguema
called for a revision of the African Charter laying
emphasis on i) strengthening the mandate of the African
Commission, ii) amending the organizational and operational
rules of the Commission, iii) amending the procedure
for the consideration of complaints, and iv) enhancing
the logistics and the legal framework of the Commission.
10. In hiS address, Mr. Adama Dieng expressed concern about the
4 year transitional period which was announced by the
present military government of The Gambia. Mr. Dieng, called
upon the Commission to request the Gambian military
government to shorten the transitional period.
11. Mr. Dieng referred to the NGO. workshop preceding: the
Session and called on the Commission to adopt •the
resolutions submitted by the NGOs.
12. In his address, the Hon. Fafa Mbai congratulated the
African Commission on the efforts it has made to execute
its mandate and assured the Commission of his government's
continued co-operation and support.
13. The Hon. Fafa Mbai stated that the cooperation which exists
between.the African Commission and NGOs is commendable and
encouraged. the two to nurture and sustain the relationship.
The Hon. Fafa Mbai also noted that one of the fruits of
cooperation between the African Commission and'NGOs is the
recent appointment by the Commission of a Special
Rapporteur on Extra-judicial Executions. The Hon. Fafa Mbai
stressed the need for NGOs, The African Commission and the
OAU to give the Special Rapporteur the necessary support
and assistance in the execution of this very important
mandate.
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mandate.
14. During its proceedings the Commission dealt mainly with the
following:
i.
The Present Military Rule in The Gambia;
ii.
Consideration of Applications for Observer Status
iii.
Consideration of Communications;
iv.
Examination of Periodic reports;
v.
Examination of Extra-judicial Executions)
vi.
-
vii.
Establishment of an -African Human Rights Court--;
Administrative and Financial Matters.
15. The following non-governmental organizations were granted
observer status:
i.
African Network for the Prevention and Protection
Against Child Abuse and Neglect (Kenya)
ii.
Centre for Justice and International Law (CEJIL)
(United States)
iii.
DiH, Mouvement de Protestation Civique (France)
iv
International Society for Human Rights (Zaire
Section)
v.
Senegalaise
Organization
Developpement(OSAD) (Senegal)
vi.
All African Conference of Churches (Kenya)
d'Appui
au
16. The following non governmental organizations were granted
observer status subject to the provision of additional
documents:
i.
Swedish NGO Foundation for Human Rights (Sweden)
ii.
The English International Association of Lund
(Sweden)
iii.
Centre for Applied Legal Studies, University of
Witwaterstrand (South Africa)
17. The granting of observer status to the 9 NGOs increases to
140 the number of NGOs which have observer status with the
African Commission.
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Commission also heard statements from several African and
international NGO representatives including:
1.
Mr. Mutombo Mulami, All Africa Conference of Churches;
2.
Mr. Ahmed Motala, Lawyers for Human Rights;
3.
Mr. Koumo Gopina, Association Tchadienrid- pour la
Protection des Droits de l'Homme
4.
Mr. Akouete Akakpo Vidah,Centre International des
Droits de la Personne et du Developpement Democratigue;
5.
Dr. Galal Ragab, Union des Avocats Arabes;
6. -Dr. K.G. Kwawang, Sudan Human Rights Organization;7.
Mr. Mamadou Sarr, Association des Refugies Mauritaniens
au Senegal;
8.
Mr. Julien Tobgadja, Union International des Droits de
l'Homme;
9.
Mr. Clement Nwankwo, Constitutional Rights Project,
Nigeria;
10. Mr. Aboubacry Mbodji, Rencontre Africaine pour la
Defense ees Droits de l'Homme;
11. Mr. Boudjema Ghechir, Ligue Algerienne des Droits de
l'Homme;
12. Prof. Shadrack Gutto, Centre for Applied Legal Studies;
13. Mr. Moshen Awad, Arab Organization for Human Rightsi
14. Mme. Seny Diagne, Women in Law and Development
(WILDAF);
15. Mr. Cheikh Tidjane, Collectif des Rescapes
Mauritanie;
16. Maitre Diabira Maroufa, Association Mauritanienne de
Droits de l'Homme;
17. Mr. Salem Mezhoud, Anti Slavery International
18. Mr. Harold Doe, International Society for Human Rights
(Gambia);
19. Mr. Frans Viljoen, The Centre for Human Rights at the
University of Pretoria.
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19. Ms. Mona Rishmawi presented the Conclusions and
Recommendations of the NGO workshop. The workshop welcomed
the positive developments in the work of the African
Commission and the publication of the Commission's 7th
activity report which includes the communications that have
been considered by the Commission. The Conclusions and
Recommendations of the NGO workshop called on the
Commission to begin the establishment of an African human
rights juri-spradence:-Th -ConclUsi151MT-and-RecOmmndations
also draw the Commission's attention to the human rights
situation in Africa and condemned the deteriorating human
rights situations in a number of African countries.
Accordingly, the workshop presented for the consideration
of the Commission draft resolutions on. The Gambia, Algeria,
Nigeria, Rwanda, the Military, Contemporary forms of
Slavery and the Human rights situation in Africa.
20. The Cote d'Ivoire representative, the country's
Ambassador to Senegal, The Gambia, Mauritania and Cape
Verde congratulated the Commission for its work and assured
the Commission of his country's support and cooperation.
21. The representative •of Burundi, the Minister for. Human
Rights, Social Affairs and Promotion of Women's Rights,
informed. the Commission of the huhan rights situation in
her country.
22. The representative from Swaziland, a Legal Adviser of the
Ministry of Justice informed the Commission that his
government has signed the African Charter and is
considering its ratification. He sought advice from the
Commission.on the implications which ratification ofthe
Charter could have on his country'S monarchy.'
. . .
23. The Commission considered the State reports of Benin, The
Gambia and- Cape Verde.
,
24. The purpose of State reports is to encourage States to
implement voluntarily their human rights obligations;
States parties are urged to, ensure that their
representatives are present to defend their reports before
the Commission.
25. Benin sent its representative, a magistrate and an official
of the Ministry of Justice to present its initial report to
the Commission.
26. The Chairman of the Commission thanked the government of
Benin for presenting its report and for sending a
representative to this Session. However, the Chairman noted
with concern that Benin's report was due in 1988•but was
not submitted until 1992. Furthermore, the. Commission could
not examine the report until 1994 because Benin did not
send•a representative to present •its report at previous
Sessions.
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27. In this respect the Chairman stressed that the purpose
of the State reporting mechanism is to establish
constructive dialogue between the Commission and States
parties. The States are therefore required to inform the
Commission about the legislative and other measures taken
to protect human rights in their respective countries. The
Commission on its part provides advice and assistance in
areas where the States encounter difficulties in protecting
hUMan rightS.
28. The representative of Benin informed the Commission that
the African Charter has been incorporated in the
Constitution of Benin. He also indicated that the human
rights situation in Benin has improved since the end of the
one party rule which lasted 17 years. He further informed
the Commission of his government's efforts to protect human
rights, as well as the difficulties-encountered in areas- such as education because of the country's limited
resources.
29. After the presentation of Benin's report, several members
of the Commission posed various questions regarding the
realities of human rights in Benin. Members of the
Commission also noted that the written report which was
submitted in french was not translated in the other working
languages of the Commission. The Commission reiterated its
appeal to States parties to ensure as far as possible that
the written reports are submitted in the three working
languages of the Commission.
30. The representative responded to the questions posed by the
Commission. The Commission requested the representative to
submit the response to the questions in writing and thanked
the representative and the government of Benin.
31. The Commission also examined the initial report of Cape
Verde which was presented by a' senior magistrate: of the
country.
.
32. The Chairman thanked the government for submitting its
report and sending a representative to present it to the
Commission. It was noted that the initial report of Cape
Verde was due in 1989 but was not submitted until 1992. The
Commission could not examine the report until 1994 because
Cape Verde did not send a representative to discuss the
report in previous Sessions. The Commission also noted that
the 'report was not translated in all three working
languages of the Commission.
33. The representative of Cape Verde informed the Commission
that the African Charter has direct applicability in Cape
Constitution,
country's
Verde
because under
the
international treaties ratified by Cape Verde have direct
applicability. He informed the Commission that Cape Verde
has abolished the death penalty. The representative also
informed the Commission that Cape Verde has several rules
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applicability. He informed the Commission that Cape Verde
has abolished the death penalty. The representative also
informed the Commission that Cape Verde has several rules
governing the protection of human rights, but the main
concern lies in the actual realization of the rights.
34. The representative stated that the full realization of
economic and social rights are problematic and this was due
to lack of resources.
35. Several members of the Commission asked questions regarding
the realities of human rights in Cape Verde. The
representative responded to some of the questions. The
Commission requested the representative to submit written
answers to all the questions.
-
36.- The Commission considered-the - second report of The Gambia.-The Gambia sent a Parliamentary Counsel with the Ministry
of Justice to present the report to the Commission. The
Chairman commended The Gambia for submitting a second
periodic report inspite of the recent Military takeover of
July 22, 1994.
37. In his presentation, the representative stated that the
former civilian government has been replaced by a military
government through a peaceful coup. The representative
informed the Commission that following the coup, certain
parts of the constitution have been suspended or modified,
but these do not include the right to life. He informed, the
Commissionof the government's efforts to ensure many of
the rights . set forth in the Charter. The representative
stated that the government is working towards the return of
civilian rule and in the transitional period, it will
ensure full-respect of human rights.
38. The Commission asked.several questions and made certain
comments concerning the report. In particular, it found
that some of the assertions made were contradictory and
inconsistent with the present situation in The Gambia. The
Commission also noted that the oral presentation addressed
issues which were not dealt with in the written report:
Accordingly, the representatiVe was requested' to put those
statements in writing as a supplement to the report.The
Commission, also expressed concern about the suspension of
various. parts of the Constitution by the military regime.
In the interim, the government was requested to ensure the
respect of human rights with special reference to the
rights of arrested and detained persons.
39. The representative. responded to some of the questions - and
Comments of the Commission. .The. Commission requested the
representative to put the response in writing and thanked
the government, and its representative for the report. •
40. The report of Mozambique was scheduled for examination.
Like the previous Session, the Commission noted with regret
that it could not proceed with the examination because
Mozambique did not send a representative to present the
report to the Commission.
41. The Commission considered the issue of the establishment of
an, African Human Rights Court and constituted a working
group, consisting of Commissioners Nguema, Badawi, and
Umozorike to discuss the proposed court.
42. The Commission considered the problem of extra-judicial
executions. Commissioner Ben Salem, the Special Rapporteur
for extra-judicial executions will present a draft on the
terms of reference at the 17th Session on the basis of
drafts prepared on this issue.
43. The Commission reiterated its decision to organize a
- Seminar on the right to fair trial and legal assistance:—
44. The Commission noted with regret that the Seminar on the
Status of Women Under the African Charter did not take
place as planned. The Commission requested its Secretary to
contact the other organizers in order to reschedule and
inform the members of the Commission accordingly.
45. A member of the Commission presented a repbrt on its
Seminar held in Tunis on the State Reporting procedure.
This was the Francophone version of.a seminar held earlier
in Harare. Commissioner Dankwa was entrusted to examine the
Commission's Guidelines for the preparation of State
reports taking into account the. Conclusions' and
Recommendations of the two seminars.
46. The Commission considered and adopted resolutions on
Algeria, The Gambia, Nigeria, Rwanda, the Military,
Contemporary Forms of Slavery, and the Human Rights
Situation in Africa.
47. With respect to its protective activities, the Commission
communications and 8 new
had before it 54 old
communications. The status of the communications is as
follows:
Communications decided on the merits
ComMunications declared admissible
Communications declared inadmissible
Communications withdrawn
Cases in which the Commission decided
to send missions to the States concerned
Cases in which decisions were deferred
pending receipt of additional information
Cases in which notification was to be sent
to the government concerned for comments
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5
7
1
viii.
Cases in which the file was closed
1
ix.
Communications which were not dealt with
i.
ii.
iii.
iv.
v.
vi.
vii.
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11
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during the 16th Session due to time
constraints.
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48. It should be pointed out that for the first time victims of
human rights violations or their representatives came to
defend their cause before the Commission.
49. The Commission welcomed the appointment of its new
Secretary Mr. Germain Baricako and noted with satisfaction
the considerable improvement in the functioning of the
Secretariat.
50. During this Session, a delegation consisting of the
Chairman and Vice Chairman of the Commission was received
in audience by the Head of State of The Gambia. The
delegation expressed - the-- Commission's concern about the
military takeover in The Gambia, the headquarters of the
Commission.
51. The Commission calls on Algeria, Angola, Botswana, Burundi,
Burkina Faso, Cameroon, Central African Republic, Comoros,
Congo, Cote d'Ivoire, Djibouti, Equatorial Guinea, Gabon,
Guinea, Guinea-Bissau, Kenya, Lesotho, Liberia, Madagascar,
Malawi, Mali, Mauritania, Mauritius, Namibia, Niger,
Sahrawi Arab Democratic Republic, Sao Tome & Principe,
Seychelles, Sierra Leone, Somalia, Sudan, Zaire and Zambia,
to submit their initial reports as soon as possible.
52. The Commission calls on Eritrea, Ethiopia, South Africa and
Swaziland to ratify the African Charter as soon as
possible.
53. The Commission decided to hold its next Session from 6-15
March 1995 at a venue to be determined.
Done in Banjul, 3 November 1994
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