4.74100:
ORGANIZATION OF
AFRICAN UNITY
Secretariat
P. O. Box 3243
L jtfit
ORGANISATION DE L'UNTrE
AFRICAINE
r rtr
Secretariat
B. P. 3243
Addis Ababa .•„, tztit
SECOND ACTIVITY REPORT OF THE AFRICAN
COMMISSION ON HUMAN AND PEOPLES' RIGHTS
SECOND ACTIVITY REPORT OF THE AFRICAN
COMMISSION ON HUMAN AND PEOPLE'S RIGHTS
A.
Period covered by the Report
The First Activity Report of the African Commission on Human
and Peoples' Rights was adopted by the Commission on 28th April, 1988
and covered the activities of the Commission from its inception to
that date. This report, the second one, relates to the period
29th April, 1988 to June, 1989.
B.
Status of Ratification
2.
The Chairman has on behalf of the Commission written to all nonStates parties urging them to ratify the African Charter on Human and
People's Rights.
3.
The list of States that have ratified or adhered to the African
Charter on Human and People's Rights is attached to this Report as
Annex I.
c.
Sessions and Agendas
4.
The Commission has had two Ordinary Sessions and one Extraordinary Session since its first Activity Report was adopted.
- the Fourth Ordinary Session was held in Cairo, Egypt
from 17th to 26th October, 1988;
- the Fifth Ordinary Session was held in Benghazi, Libyan
Arab Jamahiriya, from 3rd to 14th April, 1989;
- the Extraordinary Session, which was the very First
Extraordinary Session held by the Commission, took
place in Banjul from June
to
1989.
Page 2
5.
The Agendas of all these sessions are attached to this Report
as Annex II.
D.
Membership and Attendance
The composition of the African Commission on Human and Peoples'
0.
Rights has not changed to date. The founder members still constitute
the Commission. The list of members of the Commission is attached to
this Report as Annex III.
7.
Attendance at sessions has been very good:
- at the Fourth Ordinary Session, Hr. Alioune i3londin
Beye was absent with apology
- at the Fifth Ordinary Session, Mr. Grace Ibingira
was absent with apology;
- at the First Extraordinary Session
8.
The OAU Assistant Secretary-General, Dr. Sylvestre NSANZIMANA,
attended all the sessions and gave invaluable advice and information
on administrative and political matters.
E.
Officers of the Commission
9.
Mr. Isaac Nguema remains Chairman of the Commission and
Dr. Ibrahim Ali Badawi El Sheikh remains Vice-Chairman.
10.
On 10 February, 1989, the Secretary-General of the OAU appointe
Hr. Jean Ngabishema Hutsinzi the Secretary of the Commission in place
of Mrs. Esther Tchouta-Houssa who retained her erstwhile dual post as
the Chief Legal Adviser of the OAU. This change followed the designation of Banjul, The Gambia, as the Commission's Headquarters by the
Twenty-fourth Ordinary Session of the Assembly of Heads of State and
Government of the OAU held on 25 to 28 May, 1988. The members expressef
their gratitude to Hrs. Tchouta Houssa for the satisfactory service she
rendered to the Commission during her term of office.
Page 3
F.
Adoption of the Activity Report
sitting, the Commission considered
June, 1989, at its
O
11.
the draft of this secondActivity Report. Afterdi'scussicins' resulting
in amendments the Activity Report, covering a period during which three
sessions were held successively in Cairo, Benghazi and Banjul, was
adopted by the Commission.
G.
Periodic Reports
At their Twenty-fourth Ordinary Session the Heads of State and
12.
Government, on the commission's recommendation, entrusted the commission
with the task of'examining periodic reports submitted by States Parties
pursuant. to Artitle 62 of the Charter and 'alai) authorised the Commission
to prepare and deliver general guidelines' On the form and contents of the
periodic reports.
At its Fourth Ordinary Session, Mr. C.L.O. Mubanga Chipoya, who
13.
had been appointed Rapporteur for the preparation of the General Guidelines, submitted his report which was considered complete by the Commissiel.
The "Guidelines for National Periodic Reports" is attached to this Report
as Annex IV.
14.
It was decided by the Commission that, in order not to discourage
State parties by delivering to them the "Guidelines" in its entirety and
with all its complexity, the Guidelines would not be given to the States
parties in one piece. The method adopted was to deliver guidelines to
State parties piece meal and in reasonable and well considered doses in
order to attract prompt, clear and precise responses.
Page
The Chairman has on the direction of the Commission despatched
15.
memoranda to State Parties requesting the submission of their initial
respective periodic reports within a specified time and replies are
being awaited by the Commission.
H.
Promotional Activities
(a) Seminars
In keeping with an item in their programme of action dealing with
16.
seminars, symposia, etc... a good number of Commissioners were invited
to and attended seminars and workshops where they made useful contributions to discussions, debates and analyses on human and peoples'
rights issues.
Important seminars or workshops at which some Commissioners were
17.
present were:
- in Banjul, Gambia where members participated in a.training
course on "Developing national strategies and mechanisms
for the promotion and protection of human rights in Africa"
"jointly with the United Nations Centre for Human Rights
and the Gambia Government.
- in Cairo, Egypt where
- in Dakar, Senegal where
18.
The Commission on Human and Peoples' Rights intends to organise
a seminar of its own as soon as its budget permits.
Page 5
(b)
Publications
The Secretary-General of the OAU has been asked by the Commission
19.
to print and disseminate its first Activity Report in the three working
languages. Printing appears to be underway at the appropriate department of the OAU.
At its Fifth Session the Commission decided to establishin
20.
"African Review on Human and Peoples' Rights". The Commissionern
welcomed with gratitude the news that UNESCO had granted the Commission
a subvention for the publication.
(c) Notable Anniversaries
The Commission had urged all members ..E0.0atticipate in the celebra21.
tions of the Fortieth Anniversary of the Universal Declaration of Human
Rights held on 10 December, 1988. On that- date the Chairman on behalf
of the Commission, made a solemn declaration at a press conference in
Libreville, Gabon. The solemn declaration is attached to this report as
Annex V.
The Commission passed a resolution at its Fourth Session recommend22.
ing that all Member States of the Organisation of African Unity adopt
1st October of each year for celebrating the African Day on Human and
Peoples' Rights, The resolution is attached to this Report as Annex VI.
W.• Human Rights Committees
At its Fourth_Session the Commission adopted a resolution re23.
.,
commending the setting up by States Parties of committees on Human and
Peoples' Rights at national and regional levels. The resolution is
attached to this report as Annex VII.
Page
6
(e) Educational Measures
The Commission is fully aware of the promotional value of
24.
education and information in the field of Human and Peoples' Rights.
Therefore, at its Fifth Session it made recommendations:
- for the teaching of Human and Peoples' Rights in
schools at all levels;
- the broadcast of human rights programmes on radio
and television;
- the establishment of national and regional human rights
institutes devoted to study and research and the dissemination of knowledge on the subject matter of human and peoples'
rights and the duties of citizens.
25.
The resolution concerned is attached to this report as Annex VII.
I.
OBSERVERS
In pursuance of Rules 76 and 77 of its Rules of Procedure, the
26.
Commission has granted certain non-governmental organizations observer
status and has in fact granted audience to some of their representatives.
The criteria for admitting observers are clear and flexible and serious
non-governmental organizations concerned with human rights are welcome
especially if they submit with their applications a resume of their
activities and supporting documentation to the Commission's Secretariat.
27.
The NGO's which have so far been granted observer status are in
the list attached to this report as Annex IX.
Page 7
J.
Protective Activities
(a) Introduction of Charter into Constitutions and Laws:
During discussions at its Fifth Session it became clear that due
28.
to divergent legal systems, the ratification of international charters
or treaties does not result in the automatic application of the terms
and provisions of such charters to the domestic laws of some ratifying
States. Again it was felt that if the provisions of the African Charter
on Human and Peoples' Rights dealing with rights and duties, were integrated into the constitutions and general laws of States Parties,
greater uniformity would be achieved and the protection of human rights
would also be reinforced.
The Commission, therefore, recommended the introduction of
29.
Articles 1 - 29 of the Charter into the Constitutions and laws of States
Parties where the latter have not yet done so or do not have equivalent
legal provisions. The Recommendation is attached to this Report as
Annex X.
(b) Communications
30.
"Communications" are complaints concerning violations of human
and peoples' rights. It is believed that when the promotional activities
of the Commission attain sufficient impact thus enhancing the popular
awareness of human and peoples' rights as well as the Commission itself,
the consideration of communications will become one of the main preoccupations of the Commission.
31.
At its Fourth Session the Commission settled ten cases. The
decisions for the time being, remain confidential in conformity with
Article 59 of the Charter on Human and Peoples' Rights.
Page 8
It is worth mentioning here, that a communication that is not
32.
levelled against a State party to the Charter is not admissible and
will not be considered by the Commission on the merits.
At its Fifth Session the Commission appointed five Rapporteurs
33.
from among its members to deal with certain communications received
by the Secretariat, which should in the near future translate the
communications in the working langauges and despatch them to the
Rapporteurs concerned for action.
In the same session the commission considered five pending cases
34.
and took preliminary or other decisions on each of them.
K.
Other Activities
(a) Matters relating to. Burundi
35.
At its Fourth Session upon the request of the Republic of Burundi
which has not ratified the Charter, the Commission heard statements from
a Burundi Government envoy on the massive massacres which took place in
that country in August, 1988. On 10 February, 1989, the Commission
through its Chairman and Commissioner Yousoupha, Ndiaye, requested His
Excellency President Moussa' Traore, Current Chairman of the OAU:
- to consider sending a delegation of the Commission
to Burundi to conduct an in depth study of the human
rights situation in Burundi;
to urge the Government of Burundi to take steps to
ratify the Charter.
36.
However, no information has yet been received as to Burundi's
reaction regarding the said requests.
Page 9
(b)
37.
Inauguration of Commission's Headquarters
LIST OF ANNEXES
TO SECOND ACTIVITY REPORT
I.
List of States Parties.
II.
Agendas (3) of Sessions.
III.
List of Commission Members.
IV.
Guidance on National Periodic Reports.
V.
Solemn declaration of Chairman on Fortieth Anniversary
of Universal declaration of Human Rights.
VI.
Resolution on African Day of Human and Peoples' Rights.
VII.
Resolution of establishing national and Regional Committees
on Human Rights.
VIII.
Resolution on some modalities for promoting Human and
Peoples' Rights.
IX.
List of NGO's granted observer status.
X.
Resolution on Introducing Charter into Constitution and laws.