Final Communique of the 15th Ordinary Session of the African Commission on
Human and Peoples' Rights
1. The African Commission on Human and Peoples’ Rights held its 15Th Ordinary Session at its
Headquarters in Banjul, Gambia from 18 to 27 April under the chairman of Professor Isaac NGUEMA.
2. The session was preceded by the sixth workshop on NGO participation in the work of the African
Commission on Human and Peoples’ Rights organized by the International Commission of Jurist (ICJ)
in collaboration with the African Commission and the African Centre for Democracy and Human
Rights Studies.
3. The following Commissioners attended the Session:
- Prof. Isaac NGUEMA, Chairman;
- Dr. Mohammed H. BEN SALEM, Vice chairman;
- Prof. Emmanuel V. O. DANKWA;
- Mr. Sourahata B. S. JANNEH;
- Mr. Robert H. KISANGA;
- Mrs. Vera Valentina B. S. DUARTE MARTINS
- Mr. Youssoupha NDIAYE;
- Dr. Ibrahim Ali BADAWI EL-SHEIKH;
- Prof. U. Oji UMOZURIKE.
4. Mr. Alioune Blondin BEYE and Mr. Atsu Koffi AMEGA could not attend and sent their apologies.
5. The opening ceremony took place at 10.00 am on 18Th April 1994 at Kombo Beach Novotel in the
presence of the Honorable Mariama Alaba MBOGE, Parliamentary Secretary, Ministry of external
Affairs, the Gambia and Mr. Adama DIENG, Secretary General of the International Commission of
Jurists. Also present were:
- ambassadors and Head of Diplomatic Missions;
- Government Officials;
- Representatives of Inter-governmental ad Non-governmental Organizations
- Members of the Press and Other Guests.
6. Prof. Isaac Nguema and Mr. Adama Dieng addressed the opening Session.
7. In his address, Prof. Isaac Nguema deplored the poor human rights situations in a number of
African countries and in particular addresses the question of summary executions. He considered
various theories on the origin of violence and dismissed the notion that violence is inevitable in
Africa. He however, expressed the view that ethnic rivalry and poverty are the main causes of
violence in Africa.
8. In view of the wide spread problems in Africa, Prof. Isaac Nguema recognized the need for the
African Commission to be seen as a forum for action, solidarity, responsibility, a forum of liberty and
truth, dialogue and tolerance.
9. In his address Mr. Adama Dieng stressed the need to strengthen the cooperation between the
African Commission and NGOs. He emphasized the importance of NGO involvement in the work of
the Commission as NGOs provide information on human rights and urged the Commission to
continue to make use of NGO resources.
10. Mr. Adama Dieng described the last six months as a period of despair because of the systematic
and serious violations of human rights in African countries, notably Rwanda and Burundi. He also
referred to the issue of extrajudicial executions in Africa. On behalf of the NGOs attending the
Session, Mr. Dieng called on the African Commission to interpret the African Charter in a dynamic
way in order to ensure the enjoyment of fundamental rights in Africa.
11. During its proceeding, the Commission dealt mainly with the following:
- The situation in Rwanda and South Africa
- Consideration of Communications;
- Consideration of promotional activities;
- Administrative and financial matters;
- Examination of Extrajudicial Execution ;
- Cooperation with the United nations in the promotion and protection of human rights in Africa;
- Consideration of applications for observer status with the African Commission;
- Preliminary Discussion of the question of establishing an African Human Rights Court.
12. The following non-governmental organizations were granted the observer status:
- Community Legal Resource and Advice Centre;
- The Botswana Centre for Human Rights was granted Observer status subject to the provision of
additional documents.
13. This increases to 131 the number of NGOs which have observer status with the African
Commission
14. At the beginning of its proceeding, the Commission Heard statements from several African and
International NGO representatives including:
- Dr. Phillip AMOAH, International Commission of Jurist (ICJ);
- Mme Bernadette PALLE, coordonatrice du Réseau Sous Régional Femmes Africaines et Droits
Humains (REFAD);
- Mr. Aref Mohamed AREF, Association pour la Défense des Droits de l’Homme et des Libertés ;
- Mrs. Florence BUTEGWA, Women in Law and Development (WILDAF) ;
- Mr. Salem MEAHOUD, Anti-Slavery International;
- Mrs Dorcas COKER-APPIAH ,International Federation of Women Lawyers (FIDA), Ghana;
- Mr. Kolawole Olaniyan, Constitutional Rights Project;
- Mme Ndoure MBAM DIARRA, Association Malienne des Droits de l’Homme;
- Mr. Anselme ONDIKALU, Interights;
- Mr. Kwesi GYAN APENTENG, African Topics
15. Dr. Phillip Amoah, IJC Legal Officer for Africa presented the conclusions and recommendations of
the NGO workshop. In addition, the NGO workshop presented a number of draft resolutions for
consideration by the African Commission
16. During its deliberations, the Commission noted ith regret that it could not coonsider the periodic
report of Mozambique as scheduled because the leader of the delegation of Mozambique who had
the mandate to present the report could not turn up, although two members of the said delegation
were in attendance.
17. The purpose of periodic State reports is to encourage States to implement voluntarly their human
rights obligations, and states Parties encouraged ot ensure that their representatives are present ot
present their reports.
18. Furthermore, the Commission appealed to States Parties which had not yet done se to submit
their reports as soon as possible.
19. As regards portective activities, eight new communications were submitted to the Commission.
The Commission also considered 70 communications which have so far been submitted ot it.
20. The Commission noted, with concern, the situation of massive violations of human rights in
Rwanda. In this regard, the Commission appointed its Vice Chairman as Special Rapporteur for
extrajudicial executions in Africa, and the rapporteur has been requested to address the situation in
Rwanda as a matter if urgency.
21. The Commission also noted with concern, the United Nations’ Security Council’s withdrawal of
peace keeping troops from Rwanda. The Commission issued a press communique deploring the
Security Council ’s decision and urged the United Nations to send peace keeping troops to protect
the people of Rwanda. The Commission also called the OAU heads of States to increase assistance to
Rwanda in an effort to bring a speedy end to the suffering of the people of Rwanda.
22. The Commission also passed a resolution calling for the cessation of violence and for a free and
fair election in south Africa.
23. With respect to promotional activities, the Commission reiterated its decision to organize the
following seminars:
- The status of women under the African Charter in relation to specific socio-economic problems
(schedules to be held in Banjul, Gambia in October 1994);
- The rights to fair trial and legal assistance to be convened in Cairo, Egypt;
- The implementation of the African Charter with particular reference to the reporting procedure (for
French, Arabic and Portuguese speaking African countries) to be held in Tunis, Tunisia;
- Human Rights Education in South Africa in collaboration with Lawyers Association for Human Rights.
- Informal education and popular participation
24. the Commission accepted an invitation from the United Nations to participate in a regional
seminar on the drafting and preparation of periodic reports, scheduled to be held in Abidjan, Côte
d’Ivoire from 20 to 24 June 1994
25. A report on a Seminar on African Refugees and internally displaced persons which was
successfully held in Harare from 16 to 18 February 1994 was presented to the Commission
26. The Commission considered in a preliminary way the question of establishing an African Court on
Humans and Peoples’ Rights, and the Commission on the matter entrusted one Commissioner to
prepare, for the 16Th Session, a draft proposal on the future possible action.
27. The commission reiterated its decision to continue to encourage African States to recognize 21
October as Africa Human Rights Day.
28. The Commission called upon Ethiopia, Eritrea and Swaziland to ratify the African Charter on
Human and Peoples’ Rights.
29. The Commission decided to hold its 16Th Ordinary Session from 31st October to 9Th November
1994 in Banjul, The Gambia.
Issued in Banjul 27 April 1994