AFRICAN UNION
UNION AFRICAINE
UNIÃO AFRICANA
African Commission on Human & Peoples’ Rights
Commission Africaine des Droits de l’Homme & des Peuples
No. 31 Bijilo Annex Lay-out, Kombo North District, Western Region, P. O. Box 673, Banjul, The Gambia Tel: (220) (220) 441 05 05 /441 05 06, Fax:
(220) 441 05 04 E-mail: achpr@achpr.org; Web www.achpr.org
FINAL COMMUNIQUE OF THE 47th ORDINARY SESSION OF THE
AFRICAN COMMISSION ON HUMAN AND PEOPLES’ RIGHTS
HELD IN BANJUL, THE GAMBIA
FROM 12 TO 26 MAY 2010
____________________________________________
1. The African Commission on Human and Peoples’ Rights (African
Commission), held its 47th Ordinary Session in Banjul, the Republic of
The Gambia, from 12 to 26 May 2010.
2. Honourable Commissioner Reine Alapini Gansou, Chairperson of
the African Commission, chaired the deliberations of the Session.
3. The following Members attended and participated in the Session:
•
Commissioner Mumba Malila – Vice Chairperson;
•
Commissioner Catherine Dupe Atoki;
•
Commissioner Musa Ngary Bitaye;
•
Commissioner Mohamed Bechir Khalfallah;
•
Commissioner Mohamed Fayek;
•
Commissioner Soyata Maiga;
•
Commissioner Kayitesi Zainabou Sylvie
•
Commissioner Pansy Tlakula;
•
Commissioner Yeung Kam John Yeung Sik Yuen.
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4. Ninety two (92) delegates representing thirty (30) States Parties, nine
(9) National Human Rights Institutions, five (5) International and InterGovernmental
Organisations
and
forty
one
(41)
African
and
th
International NGOs were represented at the 47 Ordinary Session of
the African Commission. Altogether five hundred and twenty three
(523) delegates participated at the 47th Ordinary Session.
5. Several parallel meetings were held in Banjul, The Gambia, namely:
•
Panel Discussion organised by the African Centre for Democracy and Human
Rights Studies, Femmes Africa Solidarité and the United Nations Office for
West Africa on 8 May 2010;
•
Panel Discussion convened by People Opposing Women Abuse (POWA) on
the implementation of the Protocol on the Rights of Women in Africa in
relation to the right to health and the right to be protected from HIV/AIDS on 8
May 2010;
•
Meeting of the Working Group on Indigenous Populations / Communities in
Africa held from 8 to 10 May 2010, organized by the Working Group on
Indigenous Populations/Communities in Africa;
•
Meeting of African Union Organs on the Human Rights Strategy for Africa
held from 10 to 12 May 2010, organised by the African Union Commission;
•
Discussion organised by the Centre for Housing Rights and Evictions in
collaboration with the Centre for Reproductive Rights, held on 11 May 2010;
•
Official Launch of the Guidelines on State Reporting under the Protocol to the
African Charter on the Rights of Women in Africa, held on 13 May 2010.
6. As customary, the Session was preceded by the Forum of NonGovernmental Organizations (NGOs), organized by the African Centre
for Democracy and Human Rights Studies, which was held from the 8
to 11 May 2010.
7. In her opening statement, the Chairperson of the African Commission,
Honourable Commissioner Reine Alapini Gansou, on behalf of the
Members of the African Commission, and on her own behalf,
expressed sincere appreciation to the Government and People of the
Republic of The Gambia for not only graciously accepting to host
another Session of the Commission, but for the conducive environment
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and excellent facilities provided to ensure the success of this 47th
Session.
8. In her opening remark, Commissioner Gansou said that in her address
at the end of the deliberations of the 46th Ordinary Session of the African
Commission, she had indicated that Africa needs to commit its collective
conscience to resolving its urgent human rights problems, especially
those related to democratic governance, rule of law and free and fair
elections.
9. She recognised that though democracy has varying interpretations, she
was of the view that democracy is a political system that should be
underpinned by the rule of law. She emphasised that for there to be
peace in Africa, States must adhere to those fundamental principles that
make democracy works. She stated that there is no doubt that Africa
has, through the African Union, taken full stock of what is at stake by
taking decisions on the need to get States Parties to adopt the
democratic route. She urged States Parties not only to ratify the Charter
on Democracy, Elections, Governance, but also to implement the AU
Decision on ‘Unconstitutional Change of Government’.
10. The Chairperson underscored that Africa cannot speak of respect for or
promotion of human rights in a context of bad governance, in a context of
electoral violence or of truncated elections flawed by serious and
massive human rights violations. She stressed that one cannot speak of
respect for human rights in a context of the exploitation of the wealth of
the people. She also said that there cannot be good governance where
arbitrary arrests, torture in custody, problems of gender based
discrimination and other forms of violations are the order of the day; or
where the most basic of fundamental freedoms are muzzled and are
replaced by restrictive rights.
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11. She noted that unfortunately, that the human rights violations about
which the African Commission is usually called upon to act, emanate
most often from the contexts of bad governance, from the systematic
denial of democratic change and the refusal to recognize the
fundamental rights of the human being as well as the unacceptable
reversal of constitutional order, with no regard for the rights of the
populations.
12. She recalled that 2010 has been declared the Year of Peace and
Security by the Assembly of Heads of State and Government during the
14th Summit of Head of States and Government. She thus underscored
the need for Africans to give an account on what they are doing to
promote peace and democratic values in their various communities. She
concluded by informing the 47th Ordinary Session that the African
Commission has received the Torch of Peace from the AU Executive
Council and called upon the Secretary to the Commission to ignite it.
13. Speaking on behalf of the African Union Commission, H. E. Mrs Julia
Joiner, Commissioner of the Political Affairs Department of the African
Union Commission, noted that as Africa moves into the second decade
of the 21st century, it stands witness to a simple and irreversible reality –
that Africans are establishing, expressing and asserting their human
rights more than ever before. She informed the audience of the 47th
Session that as Africa grapples with the continuing human rights
challenges, it needs to take a step back and look at the journey travelled
and the progress registered.
14. Commissioner Joiner stated that as Africa articulates its achievements
and seek to build a more consolidated human rights path, it is imperative
that it builds on those organisations which have succeeded in putting
human rights to the fore, the most significant of which are the African
Commission and the African Court on Human and Peoples’ Rights.
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15. Commissioner Joiner stated that the promotion and protection of
human rights in Africa is a collective effort. She said that whilst human
rights activists have a propensity to emphasise the role and responsibility
of States Parties, they should not forget to remind themselves that
human rights success stories hinges on building wider ownership and
ensuring that the burden of responsibilities and actions is shared across
all sectors of societies. She said that in as much as our humanism is
best reflected in our interactions with others, exercise of rights must also
be predicated on our respect for the rights of others, as this might go a
long way in building the rights culture all our instruments and
mechanisms are seeking to establish.
16. Speaking on behalf of the AU Member States, H. E. Victor Toupanou,
Keeper of the Seal and Minister of Justice, Legislation and Human
Rights and Government Spokesperson for the Republic of Benin
recognised the important role of the African Commission’s Sessions. He
said that the agenda of the Session included many pertinent human
rights issues on the continent, giving the various stakeholders the
opportunity to exchange views in an open manner. He said that it also
gave participants the opportunity to take stock of the recent progress on
the implementation of the rights and freedoms guaranteed by the African
Charter on Human and Peoples’ Rights.
17. Referring to the human rights situation of Benin, he said that Benin is
doing all it can to promote good governance and an open democratic
system and to actively collaborate with the African Commission. In that
regard, he said that Benin submitted, at the 45th Session of the African
Commission its consolidated Periodic Report for 2000-2008 on the
programmes and policies it has adopted to guarantee the promotion and
protection of the rights and freedoms guaranteed by the Charter. He
informed the Session that one of the priorities of the Government of
Benin and of its Leader, President Boni YAYI is to guarantee equal
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access for all the citizens to basic social services and the implementation
of their rights, with no discrimination.
18. He concluded by stating that Benin is committed to implementing the
ideals of the African Charter. He also re-affirmed his Government’s
commitment to supporting the work of the African Commission. He said
that to achieve that objective, Benin will not only continue to welcome
visits by the Members of the African Commission, but also ready to
supply
the
African
Commission
information
on
how
Benin
is
implementing its international obligations.
19. The Regional Representative of the Office of the High Commissioner for
Human Rights (OHCHR) in West Africa, Mr. Mahamane Cisse-Gouro,
representing Her Excellency, Navi Pillay, UN High Commissioner for
Human Rights stated that the African Commission has consistently
refined and strengthened its method of work in promoting and protecting
human rights. He said that the OHCHR is therefore proud to work with
the African Commission and to lend it its support. He thanked the Bureau
of the African Commission for meeting the UN High Commissioner to
discuss strengthened cooperation between the two institutions. He
commended the African Commission for its work on the death penalty.
20. Commenting on the comprehensive human rights strategy currently
being developed in accordance with UNGA Resolution 61/296, Mr.
Mahamane Cisse-Gouro, said that the OHCHR is proud to be a
strategic partner in the development of the strategy, which is one of the
main tasks of the sub-cluster on human rights, justice and reconciliation
under the AU-UN 10-year capacity building programme. He stated that
the strategy is of utmost importance for an effective implementation of
the African Charter, especially as it will assist in coordinating the work of
the AU organs and Regional Economic Communities with a human rights
mandate. He said that the OHCHR is looking forward to the next meeting
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in November at the fringe of the 48th Ordinary Session where the Draft
Strategy is expected to be presented.
21. Mrs. Hannah Forster, Director of the African Centre for Democracy and
Human Rights Studies, gave a statement on behalf of participants of the
Forum of NGOs to the 47th Ordinary Session of the African Commission.
In reviewing the human rights situation in Africa for the last six months,
she concluded that it was characterised by ongoing human rights
violations and concerns. She informed the Session that migrants,
refugees and Internally Displaced Persons, human rights defenders,
journalists, the elderly, women and children and indigenous populations
face serious human rights challenges in Africa.
22. She called attention to human rights challenges in countries like Burundi,
Cameroon, DRC, Ethiopia, Guinea Conakry, Niger, Rwanda, Somalia,
Sudan, Uganda and Zimbabwe that are of concerns to the Forum. She
said that the intention of the Forum is not to name and shame, but a call
for action to the African Commission to address potentially deteriorating
situation of human rights in those countries. She said that in Burundi,
Malawi, Rwanda and Uganda, there are reports of increased
intimidation, harassment and homophobic attacks directed at people of
different sexual orientation. She called on the African Commission to
continue its investigative mandates in all countries where human rights
are under threat, but also to conduct fact finding missions to those
countries.
23. She also highlighted the continuing depletion of Africa’s natural
resources as well as the deterioration of the environment due to lack of
transparency
in
investment
and
corporate
policies
of
some
organisations. She stated that while it was commendable for the African
Commission to set up a Working Group under this theme, it was
necessary to consider the formulation of mechanisms to protect
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vulnerable people from exploitation in its various forms. In connection
with this threat, she also highlighted the human rights dimension of
climate change as another disturbing threat to the enjoyment of human
rights on the continent. She said that many African nations are realizing
that the threats from climate change are serious and urgent.
24. In conclusion she said that though some of the news coming out of
Africa has not been very good, there has been some real and positive
development. She cited the spirit of good will and cooperation of the
Government of Kenya to implement the recommendation of the African
Commission relating to the Endorois Peoples and the increasing trend of
collaboration between state and non-state actors for human rights in
Africa.
25. The Representative of the African National Human Rights Institutions
(NHRIs), Mr Laurence Mushwana, Vice Chair of the Network of
African Human Rights Institutions in his statement expressed
appreciation to the African Commission for its tireless efforts to make
human rights a reality on the continent, despite being confronted with
multiple challenges. He also recognised the courage and zeal with which
human rights defenders and NHRIs in Africa have acted to improve the
human rights situation in the continent despite the difficulties.
26. He noted with concern that the 47th Session was being held at a time
when the situation of human rights defenders in Africa has deteriorated
considerably due to political and social instability, while violence in the
context of elections, civil wars, ethnic and xenophobic attacks have been
witnessed in different parts of the continent. In that regard, he called for
cooperation with regional intergovernmental human rights organisations
in the struggle to protect human rights defenders. He said that as a first
step, African states should create, develop or improve strategies and
8
programmes for the physical protection of defenders in their respective
countries.
27. In conclusion, Mr Laurence Mushwana said that National Human
Rights Institutions in Africa are conscious of the various challenges in the
continent and pledged that they shall play their role in addressing them,
especially in helping to strengthen the regional human rights
infrastructure, promoting the rule of law and monitoring governance
structures. He said that the Network of African Human Rights
Institutions will nurture existing NHRIs and encourage more African
nations to form these institutions in line with the international normative
standards, the Paris Principles so that they can be better able to promote
and protect human rights.
28. The 47th Ordinary Session was officially opened by Honourable Mr.
Edward Gomez, Attorney General and Minister of Justice of the
Republic of The Gambia. He welcomed the Members of the African
Commission and the participants to Banjul, The Gambia.
29. He stated that within the last six months many changes have taken place
in Africa in the area of democracy, good governance and human rights.
He stated that in 2010, Africa witnessed plenty of unrests, which
continue to violate the rights of many Africans. He urged the African
Commission to continue working diligently with Member States to carry
out its mandate, which is to monitor, promote and protect human rights.
30. He reiterated the commitment of the Government of The Gambia to
collaborate with and support the activities of the African Commission in
the promotion and protection of human rights. He also stated that in the
process of discharging their mandates true promoters and protectors of
human rights should act responsibly and not make misleading and
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unsubstantiated claims of alleged human rights violations or statements
founded on ulterior motives.
31. During the Session, statements were made by State Delegates from
Algeria, Angola, Burkina Faso, Cameroon, Cote d’Ivoire, Egypt, Ethiopia,
Kenya, Libya, Mauritania, Mozambique, Namibia, Nigeria, Rwanda,
Sahrawi Arab Democratic Republic, Senegal, South Africa, Sudan,
Swaziland, Tanzania, Togo, Tunisia and Zimbabwe on the human rights
situations in their respective countries.
32. Statements were also heard from the National Human Rights Institute of
Mauritania; National Human Rights Commission of Burkina Faso,
National Human Rights Commission of Rwanda and the South African
Human Rights Commission.
33. A total of forty-four (44) Non-Governmental Organisations (NGOs),
having Observer Status with the ACHPR also made statements on the
human rights situation in Africa.
34. In conformity with Article 62 of the African Charter on Human and
Peoples’ Rights, the Periodic Reports of the Republic of Cameroon
and the Republic of Rwanda were presented to the African
Commission.
35. Members of the African Commission presented Reports of the
activities they undertook as Members of the Commission, as well as
Reports of activities undertaken during the inter-session in the context
of their various special mechanisms. The Reports of the various
Special Rapporteurs on the Rights of Women; on Human Rights
Defenders; on Prisons and Conditions of Detention; on Freedom of
Expression and Access to Information; on Refugees, Asylum Seekers
and Internally Displaced Persons, were presented, as were the
10
Reports from the Chairpersons of the Committee for the Prevention of
Torture in Africa; the Working Group on the Death Penalty; the
Working Group on Indigenous Peoples and Communities; the Working
Group on Specific Issues Relevant to the Work of the Commission and
the Working Group on the Rights of Older Persons and People with
Disabilities in Africa.
36. The African Commission considered applications for Observer Status
from nine (9) NGOs. It granted the said Status to eight (8) NGOs in
accordance with Resolution ACHPR/Res.33 (XXV) 99 on the Criteria
for Granting and Enjoying Observer Status to Non-Governmental
Organisations Working in the Field of Human and Peoples’ Rights.
37. The following NGOs were granted Observer Status:
•
Collectif pour la defense du Droit a l’Energie (CODDAE), Niger;
•
Association MIBEKO, Congo, Brazaville;
•
The Association of the Defence of Women and Children’s Rights
(HAGURUKA) Kigali, Rwanda;
•
The Association for Media Development in Southern Sudan;
•
Union National de la Femme Tunisienne, Tunisie;
•
The General Forum
Organisations, Libya;
•
Organisation Tunisienne des Meres, Tunis, Tunisie;
for
Arab-African
Non
Governmental
38. This brings the total number of NGOs with Observer Status before the
African Commission to four hundred and twelve (412).
39. The African Commission decided to defer the application for Observer
Status of the Open Society Initiative for Southern Africa (OSISA)),
based in South Africa, to the next Ordinary Session, for lack of
adequate information.
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40. The African Commission considered the application for Affiliate Status
and granted Affiliate Status to the National Human Rights Commission
of Mauritania. This brings the number of NHRIs with Affiliate Status
with the African Commission to twenty two (22).
41. The African Commission examined and adopted the following Reports
and Papers:
•
Report on Challenges in Handling Communications
•
Report of the Secretary to the African Commission
•
Report of the 8th Extra-ordinary Session
•
Report of the Promotion Mission to Namibia
•
Report of the Promotion Mission to Tanzania
•
Report of the Promotion Mission to Nigeria
•
Report of the Promotion Mission to Algeria
•
Report of the Promotion Mission by the Special Rapporteur on
the Rights of Women in Africa to Ethiopia
•
Report of the Promotion Mission by the Chairperson of the
Committee for the Prevention of Torture in Africa to Uganda
•
Paper on Mission Report Format
•
Paper on Editorial Guidelines on Communications
•
The African Commission examined the Draft Paper on Sexual
Orientation.
42. The African Commission discussed and finally adopted its Rules of
Procedure which will come into effect three months from the end of the
47th Ordinary Session.
43. The African Commission adopted Concluding Observations on the
Periodic Report of the Republic of Botswana, the Republic of
Cameroon, the Federal Democratic Republic of Ethiopia and Republic
of Rwanda.
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44. The African Commission adopted the following Resolutioncxs:
•
Resolution on the Establishment of a Committee for the
Protection of the Rights of People Living with HIV/AIDS and
those at Risk;
•
Resolution on the 2010 Elections in Africa;
•
Resolution on the Protection and Prevention of Women and
Child Trafficking and Sexual Exploitation in South Africa During
the 2010 World Cup;
•
Resolution on the Deteriorating Situation of Freedom of
Expression and Access to Information in Africa.
45. The African Commission considered 81 Communications: it was seized
with 5; it considered 57 on Admissibility; 18 on the Merits and 1 for
Review. 74 Communications were deferred to the 48th Ordinary
Session, for various reasons, including time constraints and lack of
response from one or both parties.
46. The African Commission adopted its Twenty Eighth (28th) Activity
Report which will be submitted to the 17th Ordinary Session of the
Executive Council of the African Union and the 15th Summit of the
Assembly of Heads of State and Government of the African Union,
which is scheduled to take place in July 2010 in Kampala, Uganda.
47. The African Commission decided to hold an Extra-ordinary Session
from 23 August to 1 September to discuss in Banjul, The Gambia,
urgent and outstanding matters.
48. The African Commission decided to hold its 48th Ordinary Session from
10 to 24 November 2010 at a venue to be decided later.
49. It also decided to hold future Sessions starting 2011 in April and
October.
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50. The African Commission expresses its sincere appreciation and
profound gratitude to the Government and People of the Republic of
The Gambia for the facilities placed at its disposal, and for the warm
welcome and hospitality accorded to the participants, all of which
contributed to the excellent outcome and success of the deliberations
of its 47th Ordinary Session.
51. The closing ceremony of the 47th Ordinary Session took place on 26
May 2010 in Banjul, The Gambia.
52. The Chairperson of the African Commission, Her Excellency
Commissioner Reine Alapini Gansou held a Press Conference after
the closing ceremony.
Done in Banjul, Republic of The Gambia, 26 May 2010
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