AFRICAN UNION
UNION AFRICAINE
UNIÃO AFRICANA
African Commission on Human & Peoples’ Rights
Commission Africaine des Droits de l’Homme & des Peuples
48, Kairaba Avenue, P. O. Box 673, Banjul, The Gambia Tel: (220) 4392 962; Fax: (220) 4390 764 E-mail: achpr@achpr.org; Web
www.achpr.org
FINAL COMMUNIQUE OF THE 44th ORDINARY SESSION OF THE AFRICAN
COMMISSION ON HUMAN AND PEOPLES’ RIGHTS,
HELD IN ABUJA, FEDERAL REPUBLIC OF NIGERIA
FROM 10 TO 24 NOVEMBER 2008
____________________________________________
1. The African Commission on Human and Peoples’ Rights (African
Commission), held its 44th Ordinary Session in Abuja, Federal Republic of
Nigeria, from 10 to 24 November 2008.
2. Honourable Justice Sanji Mmasenono Monageng, Chairperson of the
African Commission, chaired the Public Sessions, while the ViceChairperson, Dr Angela Melo, presided over the Private Sessions during the
temporary absence of the Chairperson.
3. The following Members attended and participated in the 44th Ordinary
Session:
Commissioner Catherine Dupe Atoki;
Commissioner Musa Ngary Bitaye;
Commissioner Reine Alapini-Gansou;
Commissioner Bahame Tom Mukriya Nyanduga;
Commissioner Soyata Maiga;
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Commissioner Mumba Malila;
Commissioner Kayitesi Zainabo Sylvie;
Commissioner Pansy Tlakula;
Commissioner Yeung Kam John Yeung Sik Yuen.
4. A total of four hundred and ninety seven (497) participants attended the
44th Ordinary Session, including thirty one (31) States Parties to the African
Charter, nine (9) National Human Rights Institutions, seven (7)
International and Inter-Governmental Organizations, and two hundred and
seventy five (275) African and International NGOs.
5. The 44th Ordinary Session was preceded by a number of parallel activities
and meetings, including the following:
•
Consultative Meeting on Theatre as a Vehicle for Human Rights
Education, from 4 to 5 November 2008;
•
Meeting of the Working Group on Economic, Social and Cultural
Rights (ECOSOC, from 5 to 6 November 2008;
•
Diplomatic Training for Staff and Commissioners, from 6 to 7
November 2008;
•
NGO Forum, from 7 to 9 November 2008;
•
Meeting of the Working Group on Indigenous Populations /
Communities in Africa, from 7 to 9 November 2008;
•
Meeting of the Working Group on the Death Penalty, from 8 to 9
November 2008;
•
Consultative Seminar on the Interaction between the Community
Courts, including the African Courts on Human and peoples Rights
Seminar Co-hosted by Interights and MacArthur Foundation on 8 to
9 November 2008;
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•
Roundtable Discussion on ‘Upholding Women’s Rights to a High
Standard of Living, Health, Housing and Well-being’, 14 November
2008. wellbeing
6. The purpose of these activities and meetings was to enhance the visibility of
the African Commission.
7. The 44th Ordinary Session was preceded by the NGO Forum, organised by
the African Centre for Democracy and Human Rights Studies, which was
held from 7 to 9 November 2008. The over 200 interest groups and
participants, examined the human rights situation in Africa, and expressed
concerns over specific issues such as the situation of the rights of women
and conflicts in the Great Lakes Region.
8. The Honourable Solicitor General of the Federal Republic of Nigeria, Mr. A.
A. Yola, representing the Attorney General and Minister of Justice of the
Federal Republic of Nigeria, Chief Michael Kaase Aondoaka SAN,
welcomed all participants to the Session of the African Commission taking
place in Abuja, Nigeria. The Honourable Solicitor General thanked
Members and staff of the African Commission for accepting the invitation of
the Federal Government of Nigeria to host the 44th Ordinary Session of the
African Commission.
9. He said that the Nigerian Government is committed to the promotion of
human rights, peace and stability across the region, and that President
Alhaji Umaru Musa Yar’Adua, GCFR, has pledged the commitment of his
administration to democratic and open society based on the rule of law, and
a country that is fair to all persons living in it. He added that the
Government has recently developed a Federal Action Plan for the
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protection and promotion of human rights in Nigeria, and is also taking
steps to ensure the entrenchment of the culture of human rights.
10. The Executive Director of the Centre for Democracy and Human Rights
Studies, Mrs Hannah Forster, the representative of Non-governmental
Organisations, expressed concern at the continuous human rights violations
in some African countries, caused or aggravated by poverty, conflicts, and
bad governance. She expressed the concern of the NGO Forum regarding
the persistence of conflicts in the Great Lakes Region of Africa and flow of
refugees. Mrs. Hannah Forster called on African Governments affected by
armed conflicts to ensure that all parties involved in the conflicts respect
international humanitarian law, and that those who commit war crimes be
brought before competent courts for trial. She requested the African
Commission to adopt a resolution on the violation of human rights and
international humanitarian law committed by all persons in conflicts in
Africa. Mrs. Hannah Forster also expressed concern about human rights
violations against women and children, in particular the practice of harmful
traditional practices and trafficking in women.
11. The Executive Director Mr Gilbert Sebihogo, on behalf of the Network of
African National Human Rights Institutions, said that the Network was a
strategic partner of the African Commission in the promotion and
protection of human rights in Africa. On the general human rights
situation, he lamented that after several years, human rights issues on the
African continent still remain critical. Underscoring the alarming human
rights situation in many parts of the continent, especially the ongoing
conflict in the Great Lakes Region, that is now becoming a threat to
international peace and security, he called on all the parties involved in
the conflict for an immediate cessation of hostilities. He emphasised that
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democracy can only be realised through transparency, good governance,
peace and respect for human rights, and urged governments to support
their work.
12. Speaking on behalf of States Parties to the African Charter, the Minister of
Legal Affairs and Human Rights of the Great Peoples’ Congress, Socialist
Peoples’ Jamahiriya, Libya, Mr Hosni Alwiheshe, stated that the 44th
Ordinary Session is taking place at a time when the question of human
rights has become a concern for States Parties, and regarded as an important
issue for the global agenda. He noted that armed conflicts continue to be the
main cause of human rights violations in Africa. Mr Hosni Alwiheshe
highlighted Libya’s contribution in the settlement of conflicts in the region
by engaging belligerents in a process of constructive dialogue, and through
the provision of humanitarian assistance to victims.
13. In her opening statement, the Chairperson of the African Commission,
speaking on behalf of the Members and Staff of the Commission, and on her
own behalf, expressed gratitude to His Excellency Alhaji Umaru Musa
Yar’Adua, GCFR, President of the Federal Republic of Nigeria, for inviting
the Commission to Abuja, Federal Republic of Nigeria. She welcomed all
participants and thanked the Government and People of Nigeria for hosting
the Session.
14. The Chairperson noted that since the last Session a lot of development has
taken place in the field of human rights. She indicated that the African
Commission had organized a number of consultations and meetings to
improve its working methods, and to forge closer collaboration with its
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various partners. She stated that despite some progress, the overall human
rights situation remains unsatisfactory. She deplored the conflicts in a
number of African countries where human rights and humanitarian laws
are violated. In that regard, she said the African Commission is concerned
about the escalating violence in the Democratic Republic of Congo and the
related deteriorating human rights abuses, especially in the North Kivu
Province.
15. She highlighted the need to build a culture of human rights observance
and to establish strong mechanisms to protect human rights in Africa. She
noted that economic and social rights are still beyond the reach of most
Africans who continue to lack access to clean water, food, adequate
housing, and called on States Parties to ensure the enjoyment of these
rights. She expressed concern that the situation of women remains a very
serious concern, especially in Somalia.
16. The Chairperson recalled that the drafters of the African Charter
recognized that the promotion and protection of human rights should be
our collective responsibility. She further noted that although the primary
responsibility for human rights protection is on governments, other
stakeholders have to play their own role. She, therefore, called on all
stakeholders to reflect on how best they can continue to uphold human
rights and human dignity in Africa.
17. Honourable Chief Odein Ajumogobia, SAN, Minister of Energy and
Petroleum Resources, speaking on behalf of the President of the Federal
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Republic of Nigeria, His Excellency Alhaji Umaru Musa Yar’Adua, GCFR,
officially opened the 44th Ordinary Session of the African Commission.
18. Honourable Chief Odein Ajumogobia, SAN, welcomed the Members of the
African Commission and the participants to the Federal Republic of Nigeria.
He thanked the Members of the Commission for choosing Nigeria to hold
the Session of the African Commission.
19. He noted that Nigeria has had a long and proud relationship with the
African Commission and is among the first African States to sign, ratify
and domesticate the African Charter, reaffirming the commitment and
unshaken resolve of Nigeria to live up to its obligations to uphold human
rights and fundamental freedoms. Chief Ajumogobia pointed out that the
1999 Constitution of Nigeria provides a good foundation for human
rights, and that the Nigerian judiciary has earned a reputation of
protecting human rights in Nigeria. He stated that since the current
President came to power in 2007, his administration has been working on
issues such as the rule of law and due process that are necessary for
human rights protection.
20. Chief Ajumogobia observed that the African continent is still beset with
several human rights problems and the general lack of access to basic
needs for dignified living. He stated that Africa cannot continue to be the
object of pity by the rest of the world, and that self-reliance and the
achievement of the Millennium Development Goals must be a priority of
African States. Chief Ajumogobia emphasized that in order for Africa to
achieve the Millennium Development Goals, it is important for all to
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realize that society is about empowering people to change their material
conditions. He went on to state that the rights of Africans must be
respected if they are expected to contribute to the crusade for Africa’s
economic and social rebirth.
21. Noting the importance of the mandate of the African Commission to
promote and protect human rights in Africa, he implored African
Governments to work with the African Commission to do away with the
culture of impunity in Africa, and to demonstrate that Africa and her
people will have no tolerance for violators of human rights on the
Continent. He urged the African Commission to re-dedicate itself to a
programme of human rights education, to foster the attitudes and
behaviours needed to uphold human rights for all members of society.
22. The Commission heard statements relating to the human rights situation
in Africa from the representatives of the following States Parties: Algeria,
Cameroon, Central African Republic, Chad, Cote D’Ivoire, Egypt,
Ethiopia, Guinea, Libya, Mali, Mozambique, Rwanda, Saharawi Arab
Democratic Republic (SADR), Senegal, South Africa, Sudan, Tunisia,
Uganda and Zimbabwe.
23. Statements were also made by representatives of Intergovernmental and
International Organizations, as well as by the National Human Rights
Institutions in Africa and Non-governmental Organizations.
24. In her statement, the Chairperson of the African Committee of Experts on
the Rights and Welfare of the Child, Mrs Seynabou Ndiaye Diakhate,
lamented the deterioration of human rights observance in the continent.
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She recalled that at the 12th Summit of Heads of State and Government,
the Executive Council adopted a resolution requesting the African
Commission and the Committee to work in close partnership. She said
that time has now come for the two organisations to cooperate more
closely through, among other things, the organisation of periodic
meetings, joint missions, and experience sharing.
25. The Representative of the Office of the United Nations High
Commissioner for Human Rights, Ms Samia Slimane in her statement,
informed the Session that twenty one years on, the situation of human
rights on the African continent remains generally grave. She indicated that
the combination of corruption and impunity jeopardizes the efforts being
deployed in many parts of the continent to alleviate poverty and
strengthen peace building.
26. She praised the efforts being made by the African Union, Regional
Economic Communities and States Parties to give effect to all categories of
rights, including the right to development. She stated that the Office of the
United Nations High Commissioner for Human Rights intends to move
from an ad hoc support to real partnership with the African Union
through the intensification of its assistance to the AU, and the
reinforcement of the capacity of the Peace and Security Council.
27. Ms Samia Slimane underscored that such cooperation between the Office
of the United Nations High Commissioner for Human Rights and the AU
will be formalised through a Memorandum of Understanding that will be
signed during the AU Summit in January 2009. Further more, she called
upon the African Commission to contribute to the Universal Periodic
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Review, by providing credible and reliable information on States Reports
to the UN Human Rights Council.
28. The representative of the International Organisation of the Francophonie,
(OIF) Mr Tigri Alassani, expressed his appreciation for the Commission’s
work in advancing human rights in Africa, and for its support to the work
of national and regional mechanisms in protecting and promoting human
rights. In this context, he confirmed his organisation’s commitment to
support further the various initiatives undertaken by the Commission in
raising awareness and respect for human rights in Member States, and
assisting them to meet their human rights obligations. He recognised the
facilitating role that the Commission could play in strengthening dialogue
on and raising awareness of human rights in States Parties, and through
the African Union.
29. He declared that the OIF is committed, through the Bamako Declaration
on Democracy, to the consolidation of peace, the rule of law and the
promotion of human rights in Africa. He indicated that the OIF has been
involved in the resolution of conflicts in Africa, especially in Chad, the
Central African Republic, Guinea, and Cote d’Ivoire.
30. The representative of the Inter-American Commission on Human Rights
(IACHR) Elizabeth Abi Mershed, thanked the African Commission for the
opportunity given her Organisation to make a statement at the Session of
the African Commission. She indicated that the IACHR is the counterpart
of the ACHPR in the Americas. She said that both institutions share the
same objectives and face similar challenges. She indicated that the
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collaboration between the two organisations will help each of them to
learn how to address challenges in the future. She concluded by stating
that the Inter-American Commission is willing to strengthen its
relationship with the African Commission.
31. In conformity with Article 62 of the African Charter on Human and
Peoples’ Rights, the Second Periodic Report of the Federal Republic of the
Nigeria was presented to the Commission. The Concluding Observations
on the Report was adopted by the African Commission.
32. Members of the African Commission presented their reports of the
activities they undertook as Members of the Commission, as well as
activities undertaken during the inter-session in the context of their
various special mechanisms and mandates. The following Reports were
presented on:
The Rights of Women in Africa,
Human Rights Defenders in Africa,
Prisons and Conditions of Detention in Africa,
Freedom of Expression and Access to Information,
Refugees, Asylum Seekers and Internally Displaced
Persons and Migrants in Africa,
The Follow-up Committee on the Implementation of the
Robben Island Guidelines,
Working Group on
Communities in Africa,
Indigenous
Populations
/
Working Group on Economic, Social and Cultural Rights
in Africa,
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Working Group on Specific Issues Relevant to the Work of
the African Commission,
Working Group on the Death Penalty, and
The Focal Point on the Rights of Older Persons.
33. They reported on the human rights situation in Africa and proposed
recommendations with a view to enhancing the promotion and protection
of human rights in general.
34. The African Commission did not receive any application for Affiliate
Status by a National Human Rights Institution during the 44th Ordinary
Session, hence the number of NHRI with Affiliate Status with the African
Commission remains at 21.
35. The African Commission considered applications by NGOs and granted
Observer Status to the following NGOs:
•
Arid Lands Institute, Kenya;
•
Association Omunga , Angola;
•
Coalition for an Effective African Court on Human and Peoples’
Rights, Tanzania;
•
Collectif des familles des disparu(e)s en Algérie, France;
•
Human Rights Development Initiative (HRDI), South Africa:
•
International Humanist and Ethical Union, United Kingdom;
•
International Catholic Movement for International and Cultural
Affairs (ICMICA) (Pax Romana), Switzerland;
•
Save the Children Sweden, Sweden;
•
Water Aid, United Kingdom,
•
National Counseling Center, (NCC), Angola;
•
Associacao Construndo Comunidades, Angola; and
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•
Rights Enforcement and Public Law Centre (REPLACE), Nigeria
36. The Commission deferred two requests for Observer Status to its 45th
Ordinary Session: Plan International and International Foundation for the
Protection of Human Rights Defenders.
37. This brings the number of NGOs with Observer Status with the African
Commission to three hundred and ninety two (392)
38. The Secretary to the African Commission, Dr. Mary Maboreke, presented
her Report to the African Commission. The report covered administrative,
financial and other matters relating to the work of the Commission.
39. The African Commission adopted the following Resolutions:
•
Resolution on the Human Rights Situation in the Republic of The Gambia;
•
Resolution on Elections in Africa;
•
Resolution Calling on State Parties to Observe the Moratorium on Death
Penalty;
•
Resolution on Human Rights Situation in Somalia;
•
Resolution on Joint Promotional Missions;
•
Resolution on Access to Health and Needed Medicine in Africa;
•
Resolution on the Human Rights Situation in the Democratic Republic of
Congo;
•
Resolution on Maternal Mortality in Africa;
•
Resolution on the Human Rights and Humanitarian Situation in
Zimbabwe.
40. The African Commission considered and adopted its Interim Rules of
Procedure with a view to preparing for a meeting with the African Court
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to harmonise the Rules of the two organs. The African Commission
decided to transmit its Interim Rules of Procedure on complementarity to
the African Court.
41. The African Commission considered 74 Communications: it was Seized
with 10; it considered 44 on Admissibility and 20 on the Merits. The
Commission finalized two Communications, and decided to defer the rest
for consideration to its 45th Ordinary Session to be held in May 2009.
42. The African Commission adopted its Twenty fifth (25th) Activity Report
which will be submitted to the 15th Ordinary Session of the Executive
Council, and the 13th Summit of the Assembly of Heads of State and
Government of the African Union, scheduled to take place in Addis
Ababa in January 2009.
43. The African Commission adopted the following Reports:
Report of the Promotional Mission to Malawi,
Report of the Promotional Mission to Zambia,
Report of a Fact-finding Mission to Botswana,
Report of the Working Methods Workshop of the African
Commission,
Report of the Brainstorming / Consultative Meeting of
AU Organs on their Working Relations,
Report of the Conference on Strategic Partnering on
Human Rights in Africa.
44. The African Commission expresses its sincere appreciation and profound
gratitude to the Government and People of the Federal Republic Nigeria
for the excellent facilities placed at its disposal, and for the warm welcome
and hospitality accorded to the participants, all of which contributed
immensely to the success of the deliberations of its 44th Ordinary Session.
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45. The Closing Ceremony of the 44th Ordinary Session took place on the 24
November 2008, in Abuja, Nigeria.
46. The Chairperson of the African Commission held a Press Conference after
the Closing Ceremony.
Done in Abuja, Federal Republic of Nigeria, 24 November 2008
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