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NINTH ANNUAL ACTIVITY REPORT
AHG/207 (XXXII)
NINTH ANNUAL ACTIVITY REPORT OF THE AFRICAN COMMISSION ON HUMAN AND PEOPLES'
RIGHTS - 1995/96
I.ORGANIZATION OF WORK
A.Period Covered by the Report
B.Status of Ratification
C.Sessions and Agenda
D.Composition and Participation
II. ACTIVITIES OF THE COMMISSION
A.Consideration of Periodic Reports
B.Promotional Activities
C.Forthcoming Seminars and Conferences:
SPECIAL RAPPORTEUR ON EXTRA-JUDICIAL EXECUTIONS IN AFRICA
SPECIAL RAPPORTEUR ON PRISON CONDITIONS IN AFRICA
SPECIAL RAPPORTEUR ON THE RIGHTS OF WOMEN
LIST OF COUNTRIES WHICH HAVE SIGNED, RATIFIED/ADHERED TO THE AFRICAN CHARTER ON HUMAN AND PEOPLES'
RIGHTS
EIGHTEENTH ORDINARY SESSION OF THE AFRICAN COMMISSION ON HUMAN AND PEOPLES' RIGHTS PRAIA, CAPE
VERDE, 2 - 11 OCTOBER, 1995 AGENDA
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STATUS OF SUBMISSION OF PERIODIC REPORTS BY STATES PARTIES TO THE AFRICAN CHARPTER ON HUMAN AND
PEOPLES' RIGHTS
RESOLUTIONS OF THE 19TH SESSION
COMMUNICATIONS
I.ORGANIZATION OF WORK
A.Period Covered by the Report
1.The Eighth Annual Activity report of the ACHPR was adopted by the 31st
Ordinary Session of the Assembly of Heads of State and Government of the
Organization of African Unity in its resolution AHG/Res.240 (XXXI).
The Ninth Annual Activity Report covers the 18th Ordinary Session held in Praia,
Cape Verde, from 2-11 October 1995, the Second Extraordinary Session held in
Kampala, Uganda from 18-19 December 1995 and the 19th Ordinary Session
held in Ouagadougou, Burkina Faso from 26 March to 4 April 1996.
B.Status of Ratification
2.As of the 19th Ordinary Session of the Commission, all the members of the
OAU, with the exception of Eritrea, Ethiopia and South Africa, had ratified or
acceded to the Charter. The list of States and dates of signature, ratification/
accession and deposit of instruments is attached (Annex I).
C.Sessions and Agenda
3.The Commission held two ordinary sessions and one extraordinary session
since the adoption of the Eighth Annual Activity Report. The 18th Ordinary
Session held in Praia, Cape Verde, 2-11 October 1995; The 2nd Extraordinary
Session held in Kampala, Uganda, 18-19 December 1995.
D.Composition and Participation
4.The following Commissioners attended the 18th Session:
1.Prof. Isaac Nguema, Chairman
2.Prof. Emmanuel V.O. Dankwa, Vice Chairman
3.Mr. Robert H. Kisanga
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4.Dr. Mohamed H. Ben Salem
5.Dr. Vera V. Duarte Martins
6.Prof. U. Oji Umozurike
7.Mr. Atsu Koffi Amega
8.Mr. Kamel Rezzag-Bara
9.Mrs. Julienne Ondziel-Gnelenga
10.Mr. Youssoupha Ndiaye Mr. Alioune Blondin Beye was absent
with apologies.
5.The representatives of the following States attended the Session and made
statements before the Commission: Swaziland, Cameroon, Benin, Algeria,
Zambia and Nigeria.
6.The following Commissioners attended the 2nd Extraordinary Session:
Prof. Isaac Nguema, Chairman
● Prof. Emmanuel V.O. Dankwa, Vice Chairman
● Dr. Atsu Koffi Amega
● Mr. Hatem Ben Salem
● Mr. Robert H. Kisanga
● Mr. Kamel Rezzag-Bara
● Mrs. Julienne Ondziel-Gnelenga
●
The following members of the Commission were absent with apologies:
Mr. Alioune Blondin Beye
● Mr. Youssoupha Ndiaye
● Dr. Vera Duarte Martins
● Prof. U. Oji Umozurike could not be contacted due to communication problems.
●
The Extraordinary Session was addressed by representatives of Uganda, Nigeria
and the OAU.
7.The following members of the Commission attended the 19th Session:
1.Prof. Isaac Nguema, Chairman
2.Prof. Emmanuel V.O. Dankwa, Vice-Chairman
3.Mr. Robert Kisanga
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4.Mrs. Julienne Ondziel-Gnelenga
5.Dr. Vera V.B.S. Duarte-Martins
6.Mr. Youssoupha Ndiaye
7.Mr. Kamel Rezzag-Bara
8.Mr. Prof. U. Oji Umozurike
The following members of the Commission were absent with apologies:
1.Mr. Alioune Blondin Beye
2.Mr. Atsu Koffi Amega
3.Dr. Hatem Ben Salem
8.The representatives of the following States attended the 19th Session:
1. Algeria
2. Burkina Faso
3. Egypt
4. Mauritania
5. Mozambique
6.Nigeria
7.Senegal
9.The three sessions were attended by many none-governmental organizations.
E.Adoption of the Ninth Annual Activity Report
10.At its 3rd April 1996 Session, the Commission considered and adopted its
Ninth Annual Activity Report.
II.ACTIVITIES OF THE COMMISSION
A.Consideration of Periodic Reports
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11.Under Article 62 of the African Charter on Human and Peoples' Rights, each
State undertakes to submit a report every two years on the legislative and other
measures it takes to give effect to the rights and freedoms enshrined in the
Charter. The first periodic report of Tunisia was presented by the representatives
of the State and was duly considered at the 18th Session. The Commission
commended the representatives for a well prepared report which could serve as a
model, reiterated its previous request that report should be submitted in the
official languages of the OAU where possible, and called upon the Secretariat to
translate reports into the other OAU languages.
12.The first periodic reports of Algeria and Mozambique were also considered at
the 19th Session. The Commission took note of the high quality of the two
reports.
13.As of the 19th Session the following States had submitted their reports: Libya,
Rwanda, Tunisia (9th Session); Egypt and Tanzania (11th Session), The Gambia
(12th and 16th Sessions); Senegal and Zimbabwe (12th Session); Togo and
Nigeria (12th and 16th Sessions), Benin, Ghana, Cape Verde and Mozambique
(14th Session); Mauritius and Seychelles (17th Session); Tunisia (18th Session
and Algeria and Burkina Faso (19th Session). 31 States parties have not yet
submitted their periodic reports. This list is attached (Annex V).
B.Promotional Activities
i)Report of the Chairman
14.The Chairman's Activity Report included his participation in various symposia
and seminars within and outside Africa, work related to the Commission's
publications and his participation in the 63rd Council of OAU Foreign Ministers.
He also reported on his mission to Benin as the Chairman of the Francophone
observer team of the 1996 elections.
ii) Activities of Other Members of the Commission
15. The other members of the Commission also attended conferences, seminars
and symposia in Africa as well as outside Africa, and carried out promotional
activities in States parties. Two Commissioners who were part of the OAU
observer teams presented reports on election in Tanzania and the Comoro
Islands. The allocation of African countries for promotional activities is attached
(Annex VI).
iii) The Commission co-sponsored and participated in the following
seminars:
a) Workshop on NGO participation in the African Commission on Human and
Peoples' Rights, which was organized by the International Commission of Jurists
and held in Praia, Cape Verde, from 29th September to 1st October 1995.
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b) Impunity in Africa, held in Ouagadougou, Burkina Faso, 22nd - 23rd March,
1996 and organized in collaboration with, among others, the International Centre
for Human Rights and Democratic Development, based in Montreal, Canada.
c) Workshop on NGO Participation in the African Commission, in Ouagadougou,
Burkina Faso, from 23rd to 25th March 1996. this workshop was organized in
collaboration with the International Commission of Jurists, and the Burkinabe
Movement for Human and Peoples' Rights (MBDHP).
C. Forthcoming Seminars and Conferences:
16. The Commission decided to organize seminars and conferences on:
a) Human Rights in the New South Africa
b) Contemporary Forms of Slavery in Africa
c) Prison Conditions in Africa
d) The Right to a Fair Trial
e) Popular Participation and Non-Formal Education
f) Peaceful Resolution of Ethnic and Social Conflicts in the Context
of Human Rights
g) Freedom of Movement and Asylum in Africa
h) Economic, Social and Cultural Rights and the Right to
Development
i) Seminar for African Ambassadors based in Addis Ababa, Ethiopia
on the Human Rights Promotion and Protection System.
The Commission sought the support of International Organizations and NGOs for
the seminars/conferences and appointed Commissioners to follow up these
matters.
I. SPECIAL RAPPORTEUR ON EXTRA-JUDICIAL EXECUTIONS IN AFRICA
17. At the 18th Session, the Commission considered and adopted the mandate of
the Special Rapporteur and the budget estimates for the project. However, since
the Special Rapporteur was absent from the 19th Session, the Commission could
not discuss progress in work related to extra-judicial executions in Africa.
II. SPECIAL RAPPORTEUR ON PRISON CONDITIONS IN AFRICA
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18.The Commission agreed on the principle of appointing a Special Rapporteur
on prison conditions in Africa, who will work under a designated Commissioner.
The Commission called for the submission of C.V.'s from suitable candidates and
decided to seek the support of NGOs and other institutions in this project.
III. SPECIAL RAPPORTEUR ON THE RIGHTS OF WOMEN
19.The Commission decided to appoint at its next Session a Special Rapporteur
on the rights of African women. The Special Rapporteur will work under
Commissioners E.V.O. Dankwa and Vera V.B.S Duarte-Martins who have
experience in this field. The Session invited C.Vs of suitable candidates for
consideration and decided to seek the support of NGOs and other institutions in
this project.
VI. MISSIONS TO STATES PARTIES
20. The Commission reaffirmed its decisions to conduct missions to Nigeria,
Senegal, Sudan, Mauritania, Burundi and Rwanda. It will consider with the States
concerned communications brought against the latter which had been declared
admissible. The final dates for the missions will be confirmed with the States
concerned.
The missions will be composed of the following Commissioners:
Nigeria:
Prof. I. Nguema
● Prof. E.V. O. Dankwa
● Prof. U. Oji Umozurike
●
Senegal:
●
●
Prof. I. Nguema
Dr. V. Duarte-Martins
Sudan:
Mr. R. Kisanga
● Mr. Kamel Rezza-Bara
●
Burundi:
Prof. I. Nguema
● Mrs. Julienne Ondziel-Gnelenga
● Mr. Atsu Koffi Amega
●
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Rwanda:
Prof. I. Nguema
● Mrs. Julienne Ondziel-Gnelenga
● Mr. Atsu Koffi Amega
●
Mauritania:
Prof. I. Nguema
● Mrs. Ondziel-Gnelenga
● Mr. Kamel Rezzag-Bara
●
VII. AMENDMENT TO THE RULES OF PROCEDURE
21. The Commission completed work on the amendments to its Rules of
Procedure at its 18th Ordinary Session.
VIII. PUBLICATIONS
22. The Commission published two issues of its Review and is preparing the
publication of its News Bulletin.
IX. RELATIONS WITH OBSERVERS
23. During the two Sessions, the Commission considered the application of, and
granted observer status to 29 organizations. At present, the number of
organizations with observer status is 183.
X. PROTECTIVE ACTIVITIES
24. The Commission received eleven new communications and concluded work
on seven communications. Its recommendations and decisions are attached
(Annex VII).
XI.ADMINISTRATIVE AND FINANCIAL MATTERS
a) Administrative Matters
i) Staffing
25.During the financial year under review, the work of the Commission was
affected by a number of administrative problems including the following:
26.The Secretariat is still suffering from a shortage of staff, in spite of numerous
appeals made by the Commission. The Commission appeals again to the
Secretary-General of the OAU for an early and appropriate solution to this
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problem.
27.The Secretary to the Commission is the only professional staff member who is
entrusted with the technical and administrative duties of the Secretariat. In view of
the Secretariat's volume of work, related to human rights promotional and
protective activities, there is an urgent need to recruit four additional lawyers.
There is also an urgent need to recruit a documentation officer to run the
Documentation Centre which is currently closed because there is no staff
member to run it.
ii) Equipment
28.Due to the increase in the volume of work at the Secretariat, it is necessary to
procure adequate and proper equipment. The Commission is appealing to the
OAU Secretariat to provide the Commission's Secretariat with the equipment it
needs to carry out its functions, including computers, photocopiers, electronic
mail, etc...
iii) Medical Coverage and Insurance
29.The problems of medical fees and the insurance of the Commissioners when
travelling on duty for the Commission have still not been settled yet. The
Commission is still waiting for the solution promised some years ago by the OAU
Secretariat to materialize. The Commission is making an urgent appeal to the
OAU Secretariat to look into this issue.
b) Financial Matters
30.During the financial year under review, the Commission was financed from the
following resources:
i) OAU Budget
31.Due to financial problems, facing the OAU, several projects of the Commission
had to be suspended. This only made worse the situation of the Commission.
ii) Subvention from UN Centre for Human Rights
32.The UN Centre for Human Rights provided the Commission with grants for its
promotional activities.
iii) Subvention from Raoul Wallenberg Institute
33.The Raoul Wallenberg Institute continued to finance the promotional activities
of the Commission, including missions undertaken by Commissioners and the
publishing of the Commission's Review.
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iv) Assistance from the African Society of International Comparative Law
34.The African Society provided the Commission with two jurists from 20th March
for a period of 12 months.
XII. RESOLUTIONS ADOPTED AT THE 19TH SESSION
35.The Commission adopted the following resolutions at its 19th Session:
1. Resolution on Liberia
2. Resolution on the Respect for and Strengthening of the
Independence of the Judiciary.
3. Resolution on the Role of Lawyers and Judges in the Integration
of the Charter and the Strengthening of Commission's National and
Sub-Regional Systems.
4. Resolution on the Elections in Benin, Comoros and SierraLeone.
5. Resolution on Burundi.
These resolutions are attached (Annex VIII).
XIII.ADOPTION OF THE REPORT BY THE ASSEMBLY OF HEADS OF STATE AND GOVERNMENT
36.After considering this Report, the Assembly of Heads of State and
Government adopted it in a resolution which took note of the Report with
satisfaction and authorized its publication.
LIST OF COUNTRIES WHICH HAVE SIGNED, RATIFIED/ADHERED TO THE AFRICAN CHARTER ON
HUMAN AND PEOPLES' RIGHTS
No.
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
Country
Algeria
Angola
Benin
Botswana
Burundi
Burkina Faso
Cameroon
Cape Verde
Central African
Rep.
Chad
Comoros
Date of
Date of
Signature
Ratification
10/04/86
01/03/87
02/03/90
20/01/86
17/07/86
28/07/89
06/07/84
20/06/89
02/06/87
26/04/86
Deposited
20/03/87
09/10/90
25/02/86
22/07/86
30/08/89
21/09/84
18/09/89
06/08/87
27/07/86
09/10/86
01/06/86
11/11/86
18/07/86
05/03/84
23/07/87
31/03/86
29/05/86
Date
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12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
32.
33.
34.
35.
36.
37.
38.
27/11/81
40.
41.
42.
Congo
Cote d'Ivoire
Djibouti
Egypt
Equatorial Guinea
Eritrea
Ethiopia
Gabon
Gambia
Ghana
Guinea
Guinea-Bissau
Kenya
Lesotho
Liberia
Libya
Madagascar
Malawi
Mali
Mauritania
Mauritius
Mozambique
Namibia
Niger
Nigeria
Rwanda
Sahrawi Arab
Democratic Rep.
Sao Tome &
Principe
Senegal
Seychelles
Sierra Leone
09/12/82
06/01/92
11/11/91
20/03/84
07/04/86
17/01/83
31/03/92
20/12/91
03/04/84
18/08/86
20/02/86
08/06/83
24/01/89
16/02/82
04/12/85
23/01/92
10/02/92
04/08/82
19/07/86
09/03/92
17/11/89
21/12/81
14/06/86
19/06/92
22/02/89
30/07/92
15/07/86
22/06/83
15/07/83
02/05/86
26/06/86
13/06/83
01/03/89
13/05/82
06/03/86
10/02/92
27/02/92
29/12/82
26/03/87
19/03/92
23/02/90
22/01/82
26/06/86
01/07/92
07/03/90
16/09/92
21/07/86
22/07/83
22/07/83
23/05/86
23/05/86
28/07/86
27/08/81
13/08/82
13/04/92
21/09/83
25/10/82
30/04/92
43.
Somalia
26/02/82
31/07/85
44.
Sudan
03/09/82
18/02/86
45.
Swaziland
46.
Togo
47.
Tunisia
48.
Uganda
18/08/86
10/5/86
49.
Tanzania
31/05/82
18/02/84
50.
Zaire
23/07/87
20/07/87
51.
Zambia
17/01/83
19/01/84
52.
Zimbabwe
20/02/86
30/05/86
53.
South Africa
-
-
39.
20/12/91
16/11/81
18/08/86
26/02/82
11/02/83
09/12/81
07/03/84
31/01/83
30/05/85
23/02/90
13/11/81
25/02/82
27/02/92
09/07/86
31/08/82
11/11/81
10/04/86
23/09/81
15/09/95
26/02/82
05/11/82
16/03/83
27/01/84
20/03/86
11/03/86
02/10/95
22/11/82
22/04/83
27/05/86
09/03/84
28/07/87
02/02/84
12/06/86
-
Adopted:by the Eighteenth Session of the Assembly of Heads of
State and Government, June, 1981. Requires:ratification or
adherence of a simple majority of Member States, to come into
force. Entered:into force on 21st day of October, 1986Registered:
with the United Nations on 10/09/91, No. 26363
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EIGHTEENTH ORDINARY SESSION OF THE AFRICAN COMMISSION ON HUMAN AND PEOPLES'
RIGHTS PRAIA, CAPE VERDE, 2 - 11 OCTOBER, 1995 AGENDA
1. Opening Ceremony
2. Oath by the newly elected members of the Commission
3. Election of the Chairman and the Vice-Chairman of the Commission
4. Adoption of Agenda
5. Organization of Work
6. Observers:
a) Consideration of application for observer status;
b) Relationship with observers and statements of the latter.
7. Consideration of periodic reports of the following Member States: Mauritius
Mozambique Seychelles Tunisia
8. Methods of work of the Commission:
a) Consideration of amendments to the Rules of Procedure;
b) Examination of Article 58 of the Charter.
9. Promotional activities:
a) Activity Reports by Commissioners;
b) Examination of extra-judicial executions;
c) Report on the implementation of Resolution AHG/230 (XXX) on
the establishment of an African Human Rights Court;
d) Report on the 4th World Conference on Women (Beijing, 1995);
e) Amendments of the guidelines on the preparation of the periodic
States' reports;
f) OAU participation in monitoring elections in Member States;
g) Organization of forthcoming seminars and conferences;
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h) Publication of the review and the Newsletter of the Commission;
i) Follow-up of the decisions and recommendations from the
international conferences on Human Rights (the Vienna and
Montreal Conferences);
j) Prison conditions in Africa;
k) Elaboration of the draft additional protocol on African Women's
Rights.
10. Protective Activities
11. Administrative and Financial Matters:
a) Report of the Chairman of the Commission;
b) Report of the Secretary to the Commission;
c) Implementation of the recommendations of the previous sessions;
d) Draft Rules on contracts with consultants;
e) Financing of the translation of summaries and periodic reports;
f) Situation of the Documentation Centre of the Commission;
g) Appraisal of the work of the Commission and its future prospects;
h) Distribution of States between the members of the Commission
for promotional activities.
12. Question concerning the Headquarters of the Secretariat of the Commission.
13. OAU activities relevant to the Commission.
14. Date, place and agenda of the 19th Session.
15. Any Other Business Holding of extraordinary sessions.
16. Preparation of:
a) Sessional Report;
b) Final Communique.
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AFRICAN COMMISSION ON HUMAN AND PEOPLES' RIGHTS SECOND EXTRAORDINARY SESSION
18-19 DECEMBER, 1995 - KAMPALA, UGANDA AGENDA
1. Opening Ceremony
2. Adoption of the Agenda - Doc. II/ES/ACHPR/1
3. Organization of Work
4. Human Rights report on the situation in Nigeria a) Arbitrary and summary
executions Doc. II/ES/ACHPR/3 b) Compatibility between Nigeria's internal
legislation and the provisions of the African Charter on Human and Peoples'
Rights Doc. II/ES/ACHPR/4
5. Study of some emergency situations on human rights in Africa especially in
Burundi Doc. II/ES/ACHPR/5
6. Study of practical measures to be taken in the prevailing situation in Nigeria
Doc.II/ES/ACHPR/6 6. Adoption of the Session's Report
7. Closing Ceremony.
NINETEENTH ORDINARY SESSION OF THE AFRICAN COMMISSION ON HUMAN AND PEOPLES'
RIGHTS, OUAGADOUGOU 26TH MARCH - 4TH APRIL, 1996 AGENDA
1. Opening Ceremony
2. Adoption of Agenda
3. Organization of Work
4. Adoption of the Report of 18th Ordinary Session, held in Praia, Cape Verde, 211 October 1995
5. Adoption of the Report of the 2nd Extraordinary Session (18-19 December,
1995, Kampala, Uganda)
6. Observers:
a) Consideration of applications for observer status;
b) Relationship with observers and statements of the latter;
c) Statements by State Delegates.
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7. Consideration of periodic reports of the following States: Mozambique Algeria
Mauritius Seychelles
8. Amendment to the African Charter on Human and Peoples' Rights;
9. Brainstorming on the setting-up of an early warning mechanism in case of
massive human rights violations.
10. Promotional activities:
a) Activity reports by Commissioners;
b) Examination of the Report of the Special Rapporteur on
Summary, Arbitrary, and Extra-judicial Executions;
c) Report on the Implementation of Resolution AHG/Res.230 (XXX)
on the Establishment of an African Human Rights Court;
d) Human rights Situation in Africa;
e) Amendments of Guidelines on the preparation of the Periodic
Reports;
f) Organization of forthcoming seminars and conferences;
g) Publication of the Review and the Newsletter of the Commission;
h) Follow-up of the decisions and recommendations from the
International Conferences on Human Rights (the Vienna and
Montreal Conference' as well as Beijing Conference on Women);
i) Prison Conditions in Africa; j) Elaboration of the Draft Additional
Protocol on African Women's Rights.
11. Protective Activities.
12. Administrative and Financial Matters:
a) Report of the Chairman of the Commission;
b) Report of the Secretary to the Commission;
c) Implementation of Recommendations of the Previous Sessions;
d) Draft Rules on Contracts with Consultants;
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e) Financing the Translation of Summaries and Periodic Reports;
f) Situation of the Documentation Centre of the Commission;
g) Appraisal of the Work of the Commission and its Future
Prospects;
h) Celebration of the 10th Anniversary of the entry into force of the
African Commission on Human and Peoples' Rights.
13. Question of the Headquarters of the Secretariat of the Commission.
14. Participation of the Commission in some activities of the OAU.
15. Date, Place and Agenda of the 20th Ordinary Session.
16. Any Other Business.
17. Preparation of: 9th Annual Activity Report; Sessional Report; Final
Communique.
STATUS OF SUBMISSION OF PERIODIC REPORTS BY STATES PARTIES TO THE AFRICAN
CHARPTER ON HUMAN AND PEOPLES' RIGHTS
In accordance with Article 62 of the Charter reports are due from States Parties
on the following dates:
No.
State Party
*1.
Algeria
2.
Angola
*3.
Benin
4.
Botswana
5.
Burundi
*6.
7.
Burkina
Faso
Cameroon
*8.
Cape Verde
1st Report
to be
submitted
on
2nd Report 3rd Report to 4th Report to 5th Report to
be submitted
be
be
to be
submitted on
submitted
submitted
on
on
on
20/06/89
20/06/91
20/06/93
20/06/95
20/06/97
09/01/92
09/01/94
09/01/96
09/01/98
09/01/2000
21/10/88
21/10/90
21/10/92
21/10/94
21/10/96
21/10/88
21/10/90
21/10/92
21/10/94
21/10/96
30/11/91
30/11/93
30/11/95
30/11/97
30/11/99
21/10/88
21/10/90
21/10/92
21/10/94
21/10/96
18/12/91
18/12/93
18/12/95
18/12/97
18/12/99
06/11/89
06/11/91
06/11/93
06/11/95
06/11/97
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Report
submitted
in
1995
1996
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9.
Central
African
21/10/88
21/10/90
21/10/92
21/10/94
21/10/96
11/02/89
11/02/91
11/02/93
11/02/95
11/02/97
21/10/88
21/10/90
21/10/92
21/10/88
21/10/90
21/10/92
21/10/94
21/10/96
21/10/94
21/10/96
01/07/94
01/07/96
01/07/98
20/03/93
20/03/95
20/03/97
21/10/88
21/10/90
21/10/92
18/11/88
18/11/90
18/11/92
21/10/88
21/10/90
21/10/92
21/10/88
21/10/90
21/10/92
01/06/91
01/06/93
01/06/95
21/10/88
21/10/90
21/10/92
21/10/88
21/10/90
21/10/92
10/05/94
10/05/96
10/05/98
10/05/2000
10/05/2002
27/05/94
27/05/96
27/05/98
27/05/2002
27/10/88
21/10/90
21/10/92
27/05/2000
21/10/94
26/06/89
26/06/91
26/06/93
19/06/94
19/06/96
19/06/98
19/06/2000
23/05/92
23/05/94
23/05/96
23/05/98
23/05/2000
21/10/88
21/10/90
21/10/92
21/10/94
21/10/96
21/10/88
21/10/90
21/10/92
21/10/94
21/10/96
07/10/92
07/10/94
07/10/96
07/10/98
07/10/2000
07/06/92
07/06/94
07/06/96
07/06/98
07/06/2000
16/12/94
16/12/96
16/12/98
16/12/2000
16/12/2002
21/10/88
21/10/90
21/10/92
21/10/94
21/10/96
21/10/88
21/10/90
21/10/92
21/10/94
21/10/96
21/10/88
21/10/90
21/10/92
21/10/94
21/10/96
21/10/88
21/10/90
21/10/92
21/10/94
21/10/96
21/10/88
21/10/90
21/10/92
21/10/94
21/10/96
21/10/88
21/10/90
21/10/92
21/10/94
21/10/96
10.
Republic
Chad
11.
Comoros
12.
Congo
13.
Cote d'Ivoire
14.
Djibouti
*15.
Egypt
16.
17.
18.
19.
Equatorial
Guinea
Ethiopia (1)
Eritrea (1)
Gabon
*20.
Gambia
*21.
Ghana
22.
Guinea
23.
Guinea-Bissau
24.
Kenya
25.
Lesotho
26.
Liberia
*27.
Libya
28.
Madagascar
29.
Malawi
30.
Mali
31.
Mauritania
*32.
Mauritius
*33.
Mozambique
34.
Namibia
35.
Niger
*36.
Nigeria
*37.
Rwanda
38.
SADR
39.
Sao Tome &
Principe
Senegal
*40.
07/01/2000
20/03/99
21/10/94
18/11/94
21/10/94
21/10/94
01/06/97
21/10/94
21/10/94
26/06/95
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01/07/2002
20/03/2001
21/10/96
18/11/96
21/10/96
21/10/96
01/06/99
21/10/96
21/10/96
21/10/96
26/06/97
19/06/2002
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*41.
Seychelles
42.
Sierra Leone
43.
Somalia
44.
Sudan
45.
*46.
Swaziland
Tanzania
*47.
Togo
*48.
Tunisia
*49.
Uganda
50.
Zaire
51.
Zambia
*52
Zimbabwe
53.
45.
*46.
South Africa
(1)
Swaziland
Tanzania
47*.
Togo
48*.
Tunisia
49*.
Uganda
50.
Zaire
51.
Zambia
*52
Zimbabwe
53.
South Africa
(1)
30/07/94
30/07/96
30/07/98
30/07/2000
30/07/2002
21/10/88
21/10/90
21/10/92
21/10/94
21/10/96
21/10/88
21/10/90
21/10/92
21/10/94
21/10/96
21/10/88
21/10/90
21/10/92
21/10/94
21/10/96
21/10/88
21/10/90
21/10/92
21/10/94
21/10/96
21/10/88
21/10/90
21/10/92
21/10/94
21/10/96
21/10/88
21/10/90
21/10/92
21/10/94
21/10/96
21/10/88
21/10/90
21/10/92
21/10/94
21/10/96
28/10/89
28/10/91
28/10/93
28/10/95
28/10/97
21/10/88
21/10/90
21/10/92
21/10/94
21/10/96
21/10/88
21/10/90
21/10/92
21/10/94
21/10/96
21/10/88
21/10/90
21/10/92
21/10/94
21/10/96
21/10/88
21/10/90
21/10/92
21/10/94
21/10/96
21/10/88
21/10/90
21/10/92
21/10/94
21/10/96
21/10/88
21/10/90
21/10/92
21/10/94
21/10/96
28/10/89
28/10/91
28/10/93
28/10/95
28/10/97
21/10/88
21/10/90
21/10/92
21/10/94
21/10/96
21/10/88
21/10/90
21/10/92
21/10/94
21/10/96
* has presented its preliminary report
** has presented its preliminary report and second
periodic report
(1) not yet ratified the African Charter
1. Professor Isaac Nguema - Gabon, Equatorial Guinea, Zaire and Burkina Faso
2. Professor E.V.O. Dankwa - Ghana, Zimbabwe, Malawi, Botswana and Namibia
3. Mr. Atsu-Koffi Amega - Togo, Rwanda, Central African Rep., Djibouti and
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Seychelles
4. Mr. Mohamed Kamel Rezzag-Bara - Algeria, Comoros, Sahrawi Arab, Dem.
Republic, Madagascar and Egypt
5. Justice Robert Habesh Kisanga - Tanzania, Ethiopia, Kenya, Somalia, Uganda
and Zambia
6. Mme V.V.D.M. Duarte-Martins - Cape Verde, Mozambique, Angola, Guinea
Bissau and Sao Tome & Principe
7. Mme J. Ondziel-Gnelenga - Congo, Burundi, Chad and Mauritius
8. M. Youssoupha Ndiaye - Senegal, Mali, Niger and Republic of Guinea
9. Prof. U. Oji Umozurike - Nigeria, Cameroon, Lesotho, Swaziland and South
Africa
10. Prof. Mohamed H. Ben-Salem - Tunisia, Libya, Sudan, Eritrea and The
Gambia
11. M. Alioune Blondin Beye -Benin, Cote d'Ivoire, Mauritania, Liberia and Sierra
Leone
RESOLUTIONS OF THE 19TH SESSION
1.Resolution on Liberia.
2.Resolution on the Respect for and Strengthening of the Independence of the
Judiciary.
3.Resolution on the Role of Lawyers and Judges in the Integration of the Chapter
and the Strengthening of the Commission's National and Sub-Regional Systems.
4.Resolution on the Election in Benin, Comoros and Sierra-leone
5.Resolution on Burundi
RESOLUTION ON LIBERIA
The African Commission on Human and Peoples' Rights at its 19th Ordinary
Session held from 26th March to 4th April 1996 in Ouagadougou, Burkina Faso.
Recalling the Abuja Agreement singed by all the parties to the Liberian conflict
under which the Heads of the Warring Factions were allocated seats on the
Governing Council of State in the hope that such an arrangement would facilitate
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and ensure disarmament of their fighters, a prerequisite for free and fair election,
Taking Note that the Council of State of the Liberia Transitional Government,
created in pursuance of the Abuja Agreement, has been installed into office and
that the Government including the Judiciary and the Legislature has been freely
constituted and is now functional,
Considering however, that notwithstanding the establishment of the Council of
State, the Warring Factions have refused to disarm, and that Liberia contrary to
the Abuja Agreement, still remains fragmented and partitioned among warring
factions, and hostilities still exist, all of which have the potential to derail the
peace process and prolong the suffering of the Liberian people and the strain on
the West African Sub-Region,
Considering further that if peace is to be restored to Liberia, a civil government
installed through a free and fair elections, and democratic institutions established
with respect for human and democratic institutions established with respect for
human rights under the rule of law, Liberians themselves, and with the support of
the International Community, must exert efforts to cease all hostilities, disarm
their combatants, have them encamped, demobilized and re-integrated into civil
society,
Endorses the Abuja Peace Accord as the best means for the cessation of
histilities and the restoration of peace to Liberia and calls upon all parties to this
Agreement to cooperate in good faith in its implementation,
Calls Upon the Warring Factions to take all necessary steps to disarm their
fighters, cooperate with the West African Peace keeping Forces (ECOMOG) and
United Nations Observer Mission in Liberia (UNOMIL) and have fighters
encamped, demobilized and re-integrated into civil society society so as to pave
the way for a free and fair general election,
Calls also upon the Council of State to extend its authority over the whole of
Liberia and to guarantee genuine respect for the rights and liberties of all its
citizens and residents, and in this regard to observe the independence of the
Judiciary,
Further Calls upon the Council of State to take all necessary measures to fight
against impunity and ensure that all perpetrators of crimes against the Liberian
people are brought to justice,
Appeals to the International Community especially the United Nations, to
facilitate Liberia's transition from war to peace by enhancing the capacity of the
West African Peace-keeping Force to encamp all combatants and to keep the
peace through the provision of financial and logistic support; and to alleviate the
suffering and the daily struggle of the Liberian people for survival through the
provision of humanitarian relief and medical supplies.
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RESOLUTION ON THE RESPECT AND THE STRENGTHENING OF THE INDEPENDENCE OF THE
JUDICIARY
The African Commission on Human and Peoples' Rights at its 19th Ordinary
Session held from 26th to 4th April 1996 at Ouagadougou, Burkina Faso,
Noting that Justice is an integral part of human rights and a necessary condition
for democracy,
Considering the importance and the role of the judiciary, not only in the quest for
the maintenance of social equilibrium, but also in the economic development of
African countries,
Recognizing the need for African countries to have a strong and independent
Judiciary enjoying the confidence of the people for sustainable democracy and
development, Considering the need to train lawyers in human rights in order to
enable them apply judiciously international human rights instruments:
1. CALLS UPON African countries to:
repeal all their legislation which are inconsistent with the principle of respect of
the independence of the Judiciary, especially with regard to the appointment and
posting of judges;
provide, with the assistance of the international community, the Judiciary with
sufficient resources in order to enable the legal system fulfill its function;
provide judges with decent living and working conditions to enable them maintain
their independence and realize their full potential;
incorporate in their legal systems universal principles establishing the
independence of the Judiciary, especially with regard to security of tenure;
refrain from taking any action which may threaten directly or indirectly the
independence and the security of judges and magistrates.
2. URGES African judges to organize nationally and regionally periodic meetings
in order to exchange experience and evaluate efforts undertaken in various
countries to bring about an efficient and independent judiciary.
RESOLUTION ON THE ROLE OF LAWYERS AND JUDGES IN INTEGRATION OF THE CHARTER AND
ENHANCEMENT OF THE COMMISSIONS' WORK IN NATIONAL AND SUB-REGIONAL SYSTEMS
At the 19th Ordinary Session of The African Commission on Human and Peoples'
Rights held from 26th March to 4th April 1996 at Ouagadougou, Burkina Faso:
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Noting the central role that lawyers play in advocacy in the Judicial and other
adjudicative processes in national legal systems and considering further how
such roles can be used to promote reference to and reliance on the Charter in the
Judicial and other adjudicative processes,
Considering the mandate and judicial competence of judges to base their
reasoning and judgements on all relevant human rights instruments, either as
applicable authoritative laws or as persuasive aids to interpretation of
constitutional and legislative provisions on fundamental rights, freedoms and
duties,
Recognizing the importance of specialized and continuing training in human and
peoples' rights for legal practitioners, judges, magistrates and the
Commissioners,
Appreciating the initiative of the Commonwealth judges to incorporate and
further develop Human Rights instruments and principles in their work:
1.URGES Judges and magistrates to play a greater role in incorporating the
Charter and future jurisprudence of the Commission in their judgements thereby
promoting and protecting the rights and freedoms guaranteed by the Charter;
2.CALLS UPON lawyers to place greater reliance on the Charter and other
international and regional human rights instruments in their various legal
advocacy roles;
3.URGES law societies, legal and human rights, Non-Governmental
Organizations with Observer Status with the Commission, associations or
organizations of judges and magistrates to initiate specialized and
comprehensive training for judicial officers, lawyers at national and sub-regional
levels.
RESOLUTION ON ELECTORAL PROCESS AND PARTICIPATORY GOVERNANCE
The African Commission on Human and Peoples' Rights meeting at its 19th
Ordinary Session held in Ouagadougou, Burkina Faso from 26 March to 4 April
1996,
Having taken note of the report on recent elections in the Republic of Benin,
Taking note of the report on the smooth organization of elections in the Comoro
Islands,
Further noting the satisfactory manner in which the Presidential Elections were
held recently in the Republic of Sierra Leone:
1.ASSERTS that elections are the only means by which the people can elect
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democratically the Government of their choice in conformity to the African Charter
on Human and Peoples' Rights;
2.COMMENDS the Governments and the people of the Republic of Benin, the
Comoros and the Republic of Sierra Leone for having organized successfully free
and fair elections and hopes that their example will encourage and motivate other
countries in transition to democratic rule;
3.EMPHASIZES that it is the duty of States Parties to the Charter to take the
necessary measures to preserve and protect the credibility of the electoral
process. These measures should include the presence of national and
international observers during the elections and guarantee them access to the
electoral process and personal safety to enable them to fulfil their mission and
prepare their report on elections in a proper manner;
4.FURTHER EMPHASIZES that it is the responsibility of State Parties to provide
electoral commissions and other organs entrusted with the task of organizing
elections in their countries with adequate material, resources and any items
necessary for the preparation and holding of elections;
5.REAFFIRMS the importance of African countries and institutions to participate
in observation of elections in States Parties; and reasserts its willingness to place
at the disposal of States Parties and other institutions its expertise and that of its
members in observing elections.
RESOLUTION ON BURUNDI
The African Commission on Human and Peoples' Rights, at its 19th Ordinary
Session held from 26th March to 4th April 1996, in Ouagadougou, Burkina Faso,
Extremely Concerned with the serious human rights violations and abuses
occurring in Burundi, especially extrajudicial executions by some members of the
security forces, armed gangs and militias,
Considering that impunity is one of the main causes of the worsening human
rights situation in Burundi,
Considering that the independence of the judiciary is the cornerstone of the
effective struggle against human rights violations in general and impunity in
particular,
Concerned with the plight of refugees and displaced persons and their
vulnerability to human rights violations and abuses,
Considering that the Burundi crisis is made worse by the hate media and that
the high point of the message of hatred was reached with the launching of "Radio
Democratie la Voix du Peuple",
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1. URGES the Government of Burundi to:
a) conduct transparent and impartial investigations into all human
rights violations and abuses;
b) take the necessary steps to guarantee the independence of the
judiciary by ensuring, inter alia, that there is no interference in its
functioning by the executive and that judges and magistrates are
protected in the carrying out of their duty;
c) ensure that persons accused of human rights violations and
abuses are tried in compliance with international fair trial standards;
d) improve the living conditions of refugees and displaced persons,
ensure their safety and security and create conditions to enable
them to return to their homes in collaboration with International
Governmental and Non-Governmental Organizations;
e) allow the Mission Internationale d'Observation au Burundi
(MIOB), human rights monitors and special rapporteurs from the
United Nations, African Commission on Human and Peoples'
Rights and other International Bodies freedom of movement
throughout the country and take adequate and effective steps to
guarantee their safety and security without compromising their
independence;
2. FURTHER URGES the Government of Burundi and the concerned political
parties to respect the spirit and the letter of the Government Agreement which
they signed in 1994 in the supreme national interest of Burundi;
3. CALLS UPON the OAU to strengthen MIOB and to include human rights
monitoring in its mandate;
4. REQUESTS the UN to provide adequate resources to enable its Commission
of inquiry sent to Burundi to function efficiently and to complete its tasks as soon
as possible;
5. CALLS UPON the International Community to assist the Governments of
Burundi and neighbouring countries to rid the sub-region of media which
propagate hatred and fuel communal conflict in Burundi especially the Radio
Station "Radio Democratie, la voix du Peuple" or "RUTOMORANGINGO";
6. DECIDES to involve itself more in efforts to resolve the crisis afflicting Burundi
by, among other things, sending a mission to Burundi and participating actively in
the process of national reconciliation.
COMMUNICATIONS
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Nos. 25/89, 47/90, 56/91, 100/93 (joint) Free Legal Assistance Group, Lawyers'
Committee for Human Rights, Union Interafricaine des Droits de l'Homme, Les
Temoins de Jehovah vs Zaire;
No. 70/92 Ibrahim dioumessi, Sekou Kande, Ousmane Kaba vs Guinea No.
74/92 Commission Nationale des Droits de l'Homme et des Libertes vs Chad
No. 129/94 Civil Liberties Organization vs Nigeria No. 135/94 Kenya Human
Rights Organization vs Kenya.
Communications 25/89, 47/90, 56/91, 100/93 (Joined) Free Legal Assistance
Group, Lawyers' Committee for Human Rights, Union Interafricaine des Droits de
l'Homee, Les Temoins de Jehovah/Zaire
THE FACTS
1.Communication 25/89 is filed by the Free Legal Assistance Group, the Austrian
Committee Against Torture, and the Centre haitien des Droits et Libertes, all
members of the World Organization Against Torture (OMCT).
The submission of the Free Legal Assistance Group was dated 17
march 1989, that of the Austrian Committee Against Torture dated
29 March 1989, that of the Centre Haitien dated 20 April 1989.
The Communication alleges the torture of 15 persons by a Military
Unit, on or about 19 January 1989, at Kinsuka near the Zaire river.
On 19 April 1989 when several people protested their treatment,
they were detained and held indefinitely.
2.Communication 47/90, dated 16 October 1990, is filed by the Lawyers'
Committee for Human Rights in New York. It alleges arbitrary arrests, arbitrary
detentions, torture, extra-judicial executions, unfair trials, severe restrictions
placed on the right to association and peaceful assembly, and suppression of the
freedom of the Press.
3.Communication 56/91 is submitted by the Jehovah's Witnesses of Zaire and
dated 27 March 1991. It alleges the persecution of the Jehovah's Witnesses,
including arbitrary arrests, appropriation of church property, and exclusion from
access to education.
4.Communication 100/93 is submitted by the Union Interafricaine des Droits de
l'Homme and dated 20 March 1993.
It makes allegations of torture, executions, arrests, detention, unfair
trials, restrictions on freedom of association and freedom of the
press. It also alleges that public finances were mismanaged; that
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the failure of the Government to provide basic services was
degrading; that there was a shortage of medicines; that the
universities and secondary schools had been closed for two years;
that freedom of movement was violated; and that ethnic hatred was
incited by the official media.
5. The African Commission, when it determined that the communications, taken
together, evidenced a grave and massive violation of human rights in Zaire,
brought the matter to the attention of the Assembly of the Heads of State of the
Organization of African Unity, in December 1995.
6. The Commission also requested that a mission consisting of two members of
the Commission be received in that country, with the objective of discovering the
extent and cause of human rights violations and endeavouring to help the
government to ensure full respect for the African Charter. The government of
Zaire has never responded to these requests for a mission.
PROCEDURE BEFORE THE COMMISSION
7.Communication 25/89 was received by the Commission in June 1989. The
Commission was seized of the communication at its 11th Session in October
1989 and the State of Zaire was notified on 14 March 1990.
8. Between 1990 and 1993, numerous reminders were sent by the Secretariat to
the Government of Zaire, but no response was received.
9. The Secretariat also sent the complainants regular updates on the status of the
communications.
10. On 23 September 1993, the Ministry of Justice of Zaire wrote that no copy of
the communication had ever been received.
11. A copy was sent on 3 March 1994 by registered post to the Embassy of Zaire
in Dakar but no response was forthcoming.
12. At the 16th Session, held in April 1994, the Commission decided to send a
mission to Zaire in order to create a dialogue.
13. At the 17th Session, held in March 1995, the Communications against Zaire
were declared admissible.
14. The Government of Zaire was notified of this decision on 26 April, 1995.
15. At the 18th Session, held in October 1995, the Commission decided to apply
Article 58 (1) of the Charter and to draw the attention of the Heads of State and
Government to the serious and massive violations of human rights in Zaire.
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16. On 12 January 1996, a note verbale was sent to the Ministry of Foreign
Affairs of Zaire informing the Ministry of the proposed mission to Zaire to be
undertaken by Commissioner Nguema and Ben Salem.
17. Communication No. 47/90 was received by the Commission in October, 1990.
18. On 20 October 1990, at its 8th Ordinary Session in Banjul, the African
Commission was seized of the communication and decided to notify the State of
Zaire of the complaint and invite its written comments on the admissibility.
19. On 6 November 1990, the Secretariat of the Commission informed the
Ministry of Zaire of this decision by registered post. No response was
forthcoming.
20. At its 11th Ordinary Session, the Commission decided to send a reminder to
Zaire. The Secretariat sent this reminder on 30 March 1992. No response was
forthcoming.
21. At its 12th Ordinary Session, held in Banjul in October 1992, the Commission
declared the communication admissible and decided that it would be examined
on the merits.
22. The notice of this decision was sent on 16 November, 1992. No response
was forthcoming.
23. In 1993 and 1994, the Secretariat sent several reminders to the government
of Zaire. No response was received.
24. From August 1994 to the present, the correspondence in respect of this
communication is identical with that in the communication 25/89, above.
25. Communication No. 56/91 was received by the Commission in Summer 1991.
26. The Commission was seized of the communication at its 10th Session in
October 1991 and a notification was sent to the state on 14 November, 1991. No
response was forthcoming.
27. Two reminders were sent by the Secretariat to the Government of Zaire in
1992.
28. In a letter dated 14 September 1993, the Ministry of Justice of Zaire claimed
that a copy of the communication had never been received.
29. A copy of the communication was sent 3 March 1994 by registered post to the
Embassy in Dakar, but no response was received.
30. From August 1994, the correspondence in respect of this communication is
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identical with that in communication 25/89, given above.
31. Communication No. 100/93 was received by the Commission in April 1993.
32. The Commission was seized of the communication at its 13th Session in April
1993 and it was brought to the attention of the State on 12 April 1993. No
response was forthcoming.
33. In 1993 and 1994, reminders were sent to the Government of Zaire but no
response was forthcoming.
34. As from August 1994, the correspondence in respect of this communication is
identical with that in communication 25/89, given above. THE LAW Admissibility
35. After deliberations, as envisioned by Article 58 of the African Charter, the
Commission considered that communications 25/89, 47/90, 56/91 and 100/93
against Zaire reveal the existence of serious and massive violations of human
rights.
36. Article 56 of the African Charter requires that complainants exhaust local
remedies before the Commission can take up a case, unless these remedies are
as a practical matter unavailable or unduly prolonged. The requirement of
exhaustion of local remedies is founded on the principle that a government
should have notice of a human rights violation in order to have the opportunity to
remedy such violations before being called before an international body. In this
case, the government has had ample notice of the violation.
37. The Commission has never held the requirement of local remedies to apply
literally in cases where it is impractical or undesirable for the complainant to seize
the domestic courts in the case of each violation. This is the situation here, given
the vast and varied scope of the violations alleged and the general situation
prevailing in Zaire.
38. For the above reasons, the Commission declared the communications
admissible.
THE MERITS
39. The main goal of the communications procedure before the Commission is to
initiate a positive dialogue, resulting in an amicable resolution between the
complainant and the State concerned, which remedies the prejudice complained
of. A pre-requisite for amicably remedying violations of the Charter is the good
faith of the parties concerned, including their willingness to participate in a
dialogue.
40. In the present case, there has been no substantive response from the
Government of Zaire, despite the numerous notifications of the communications
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sent by the African Commission. The African Commission, in several previous
decisions, has set out the principle that where allegations of human rights abuse
go uncontested by the government concerned, even after repeated notifications,
the Commission must decide on the facts provided by the complainant and treat
those facts as given. This principle conforms with the practice of other
international human rights adjudicatory bodies and the Commission's duty to
protect human rights. Since the Government of Zaire does not wish to participate
in a dialogue, the Commission must, regrettably, continue its consideration of the
case on the basis of facts and opinions submitted by the complainants alone.
41. Article 5 of the African Charter prohibits torture and inhuman or degrading
treatment. The torture of 15 persons by a military unity at Kinsuka, near the Zaire
river, as alleged in communication 25/89, constitutes a violation of this article.
42. Article 6 of the African Charter guarantees the right to liberty and security of
person. The indefinite detention of those who protested against torture, as
described in communication 25/89, violates Article 6.
43. Article 4 of the African Charter protects the rights to life. Communication
47/90, in addition to alleged arbitrary arrests, arbitrary detention and torture,
alleges extrajudicial executions which are a violation of Article 4.
44. Article 7 of the African Charter specifies the right to have one's cause heard.
The unfair trials described in communication 47/90 constitute a violation of this
right.
45. Article 8 of the African Charter protects freedom of conscience. The
harassment of the Jehovah's Witnesses, as described in communication 56/91,
constitutes a violation of this article, since the government has presented no
evidence that the practice of their religion in any way threatens law and order.
The arbitrary arrests of believers of this religion likewise constitutes a
contravention of Article 6, above.
46. The torture, executions, arrests, detention, unfair trials, restrictions on
freedom of association and freedom of the press described in communication
100/93 violate the above Articles.
47. Article 16 of the African Charter states that every individual shall have the
right to enjoy the best attainable state of physical and mental health, and that
States Parties should take the necessary measures to protect the health of their
people. The failure of the Government to provide basic services such as safe
drinking water and electricity and the shortage of medicine as alleged in
communication 100/93 constitutes a violation of Article 16.
48. Article 17 of the Charter guarantees the right to education. The closures of
universities and secondary schools as described in communication 100/93
constitutes a violation of Article 17.
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FOR THESE REASONS, THE COMMISSION
holds that the facts constitute serious and massive violations of the African
Charter, namely of Articles 4,5,6,7,8,16 and 17. Taken at the 18th Ordinary
Session, Prais, Cape Verde, October 1995. Communication No. 70/92 Ibrahima
Dioumessi, Sekou Kande, Ousmane Kaba/Guinea
●
THE FACTS
THE PROCEDURE
●
THE LAW DECISION
●
THE FACTS
1.The communication was submitted by Ibrahima Dioumessi, Sekou Kande,
Ousmane kaba, and received by the Commission on 15 November 1991. It
contains no mailing address for the complainants.
2.The communication alleges that following the coup d'etat of 4 July 1984 in
Guinea, the complainants were arrested, tortured and incarcerated for three
years without charge or trial.
3.The complainants allege violation of the right to security of persons and the
right to fair trial. The former detainees request compensation for the moral and
material prejudice they have suffered.
PROCEDURE BEFORE THE COMMISSION
4.The Commission was seized of the communication at its 12th Session in
November 1992.
5.The Ministry of Foreign Affairs of Guinea was notified on 13 November 1992.
The Secretariat also requested the complainants' address.
6.In 1993 and 1994, numerous reminders were sent by the Secretariat to the
Government of Guinea, but no response was received.
7.On 21 October 1994, the Guinean Government sent a note verbale to the
Commission requesting that the Commission delay consideration of the
communication until the 17th Session, in order to allow the government to submit
its memorandum in response.
8.At the 17th Session in March 1995, the memorandum of the Government of
Guinea had not been received, but it was decided to wait for it, and in the
meanwhile to ask the complainants if they had exhausted all domestic remedies.
9.All attempts to get the addresses of the complaints were of no avail.
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10.At the 18th Session, the memorandum of the Government of Guinea still had
not been received.
THE LAW DECISION
11.The problem posed here is one of admissibility. To be admissible, a
communication must fulfill all the conditions of article 56 of the Charter, in
particular, the identity of the complainants so that they may be sent notifications.
12.In the present case, the Secretariat has not been able to remedy this lack of
the complainants' address.
FOR THESE REASONS, THE COMMISSION
Declares the communication inadmissible. Done in Praia, Cape Verde, October,
1995.
Communication 74/92 Commission Nationale des Droits de l'Homme et des
Libertes/Chad
●
THE FACTS
●
THE PROCEDURE
THE LAW DECISION
●
THE FACTS
1. The communication is brought by La Commission Nationale des Droite de
l'Homme et des Libertes de la Federation Nationale des Unions de Jeunes
Avocats de France. The complaint alleges several massive and severe violations
in Chad.
2. The complaint alleges that journalists are harassed, both directly and indirectly.
These attacks are often by unidentified individuals who the complainants claim to
be security service agents of the Government. The Government denies
responsibility.
3. The complaint alleges the arbitrary arrest of several people, among those four
members of the opposition party, R.D.P., by the security services. These people
were never brought before a court, although they were eventually set free. 15
more people were illegally detained, but have now been liberated.
4. There are several accounts of killings, disappearances and torture. 15 people
are reported killed, 200 wounded, and several persons tortured as a result of the
civil war between the security services and other groups.
5. The communication alleges the assassination of Bisso Mamadou, who was
attacked by armed individuals. The Minister responsible was warned of the
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danger to Mr. Bisso, but he refused to issue protection. Subsequently, the
Minister did not initiate investigation into the killing.
6. The communication also alleges the assassination of Joseph Betudi, VicePresident of Ligue Tchadienne des Droits de l'Homme. It also contains
allegations of inhuman treatment of prisoners.
PROCEDURE BEFORE THE COMMISSION
7. The communication is dated 11 May 1992 and includes a report based on an
observation mission to Chad made by the Association "Agir ensemble pour les
droits de l'Homme" and the Federation Nationale des Unions de Jeunes Avocats.
8. The Commission was seized of the communication at its 12th Session and on
16 November 1992 the Government of Chad was notified of the communication.
9. On 10 March 1993, the Ministry of Justice responded to the communication.
10. On 12 April 1993, the Chairman of the Commission wrote to the Ministry of
Foreign Affairs and requested its permission to conduct an on-the-spot
investigation in Chad.
11. The Government did not reply to that letter, nor to the following reminders.
12. A letter was sent to the Government on 3 February 1995, and to the
complainant on 17 February 1995, stating that the communication would be
considered at the 17th Session.
13. At the 17th Session in March 1995, the communication was declared
admissible. The Government and complainant were informed of that decision.
14. On 1 September 1995, a letter was sent to the Government stating that the
communication would be heard on its merits at the 18th Session of the
Commission and inviting the Government to send a representative.
15. At the 18th Session, the Commission heard Ms. Febiene Trusses-Naprous,
de la Federation Nationale des Unions de Jeunes Avocats, Commission
Nationale des Droits de l'Homee et des Libertes of France. She reiterated the
information in the original communication, both verbally and by way of a memoire.
This memoire, in addition to summarizing the information in the original
communication, affirmed that the human rights situation in Chad has not seen
improvement to the present day. The Commission decided the communication on
the merits, resolving that there was evidence of serious and massive violations of
human and peoples' rights. Article 58 was invoked to draw the attention of the
Assembly of Heads of State and Government of the OAU to this fact.
16. On 27 November 1995 a letter was received from the Ministry of External
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Affairs of Chad with regard to the Secretariat's letter of 1 September 1995. This
letter stated that the National Human Rights Commission of Chad could find no
record of the communication.
THE LAW DECISION
17. Article 1 of the African Charter reads: "The Member States of the
Organization of African Unity parties to the present Charter shall recognize the
rights, duties and freedoms enshrined in this Charter and shall undertake to adopt
legislative or other measures to give effect to them".
18. In this case, the complainant claims that not only did Government agents
commit violations of the African Charter, but that the state failed to protect the
rights in the Charter from violation by other parties.
19. The Government claims that no violations were committed by its agents, and
that it had no control over violations committed by other parties, as Chad is in a
state of civil war.
20. The Charter specifies in Article 1 that the States Parties shall not only
recognize the rights duties and freedoms adopted by the Charter, but they should
also "undertake.....measures to give effect to them". In other words, if a state
neglects to ensure the rights in the African Charter, this can constitute a violation,
even if the State or its agents are not the immediate cause of the violation.
21. The African Charter, unlike other human rights instruments , does not allow
for states parties to derogate from their treaty obligations during emergency
situations. Thus, even a civil war in Chad cannot be used as an excuse by the
State violating or permitting violations of rights in the African Charter.
22. In the present case, Chad has failed to provide security and stability in the
country, thereby allowing serious and massive violations of human rights. The
national armed forces are participants in the civil war and there have been
several instances in which the Government has failed to intervene to prevent the
assassination and killing of specific individuals. Even where it cannot be proved
that violations were committed by government agents, the government had a
responsibility to secure the safety and the liberty of its citizens, and to conduct
investigations into murders. Chad therefore is responsible for the violations of the
African Charter.
23. The complainant claims that the events in Chad constitute violations of
Articles 4 (right to life), Article 5 (Prohibition of Torture, inhuman and degrading
treatment), 6 (Right to Life and Security of Persons), 7 (Right to a Fair Trial), and
10 (Right to Freedom of Expression).
24. In the present case, there has been no substantive response from the
Government of Chad, only a blanket denial of responsibility.
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25. The African Commission, in several previous decisions, has set out the
principle that where allegations of human rights abuse go uncontested by the
Government concerned, Commission must decide on the facts provided by the
complainant and treat those facts as given . This principle conforms with the
practice of other international human rights adjudicatory bodies and the
Commission's duty to protect human rights. Since the Government of Chad does
not wish to participate in a dialogue, that the Commission must, regrettably,
continue its consideration of the case on the basis of facts and opinions
submitted by the complaints alone.
26. Thus, in the absence of a substantive response by the Government, in
keeping with its practice, the Commission will take its decisions based on the
events alleged by the complainants.
FOR THESE REASONS, THE COMMISSION
Finds that there have been serious and massive violations of human rights in
Chad. Finds that there have been violations of Articles 4,5,6,7. Taken at the 18th
Ordinary Session, Praia, Cape Verde, October, 1995. Communication No. 129/94
Civil Liberties Organization/Nigeria
●
●
●
●
●
THE FACTS
THE PROCEDURE
ADMISSIBILITY
MERITS
THE LAW DECISION
THE FACTS
1.The communication is filed by the Civil Liberties Organization, a Nigerian NGO.
The communication alleges that the military government of Nigeria has enacted
various decrees in violation of the African Charter, specifically the Constitution
(Suspension and Modification) Decree No. 107 of 1993, which not only suspends
the Constitution but also specifies that no decree promulgated after December
1983 can be examined in any Nigerian Court; and the Political Parties
(Dissolution) Decree No. 114 of 1993, which in addition to dissolving political
parties, ousts the jurisdiction of the courts and specifically nullifies any domestic
effect of the African Charter.
2. The communication complains that the ousting of the jurisdiction of the courts
in Nigeria to adjudicate the legality of any decree threatens the independence of
the judiciary and violates Article 26 of the African Charter.
3. The communication also complains that this ouster of the jurisdiction of the
courts deprives Nigerians of their right to seek redress in the courts for
government acts that violate their fundamental rights, in violation of Articles 7 (1)
(a) of the African Charter.
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PROCEDURE BEFORE THE COMMISSION
4. The complaint is dated 31 December 1993.
5. On 29 July 1994 a copy of the communication was sent to the State concerned
for its comments.
6. At the 16th Ordinary Session of the Commission, the communication was
declared admissible.
7. On 10 January 1995, the parties were informed of the admissibility decision.
ADMISSIBILITY
8. The communication meets all the specifications for admissibility set out in
Article 56 of the Charter. With specific reference to Article 56 (5), the Commission
accepted the complainant's argument that since the decrees complained of oust
the jurisdiction of the courts to adjudicate their validity, "it is reasonable to
presume that domestic remedies will not only be prolonged but are certain to
yield no results."
THE MERITS
9. Article 7 of the African Charter provides: "1.
Every individual shall have the right to have his cause heard. This comprises:
a) the right to an appeal to competent national organs against acts violating his
fundamental rights as guaranteed by conventions, law, regulations and customs
in force."
10. The Constitution (Suspension and Modification) Decree 1993, (5) reads: "No
question as to the validity of this Decree or any other Decree made during the
period 31st December 1983 to 26th August 1993 or made after the
commencement of this Decree or of an Edict shall be entertained by a court of
law in Nigeria."
11. The Political Parties (Dissolution) Decree 12993, 13 (1) reads:
"Notwithstanding anything contained in the Constitution of the Federal Republic of
Nigeria 1979, as amended, the African Charter on Human and Peoples' Rights
(Ratification and Enforcement) Act or any other enactment, no proceeding shall
lie or be instituted in any court for or on account of any act, matter or thing done
or purported to be done in respect of this Decree."
12. The reference in Article 7(1) (a) to "fundamental rights as guaranteed by
conventions...in enforce" signifies the rights in the Charter itself, among others.
Given that Nigeria ratified the African Charter in 1983, it is presently a convention
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in enforce in Nigeria. If Nigeria wished to withdraw its ratification, it would have to
undertake an international process involving notice, which it has not done. Nigeria
cannot negate the effects of its ratification of the Charter through domestic action.
Nigeria remains under the obligation to guarantee the rights of Article 7 to all of its
citizens.
13. The ousting of jurisdiction of the courts of Nigeria over any decree enacted in
the past ten years, and those to be subsequently enacted, constitutes an attack
of incalculable proportions on Article 7. The complaint refers to a few examples of
decrees which violate human rights but which are now beyond review by the
courts. An attack of this sort on the jurisdiction of the courts is especially
invidious, because while it is a violation of human rights in itself, it permits other
violations of rights to go unredressed.
14. Article 26 of the African Charter reiterates the right enshrined in Article 7 but
is even more explicit about States Parties' obligations to "guarantee the
independence of the Courts and .. allow the establishment and improvement of
appropriate national institutions entrusted with the promotion and protection of the
rights and freedoms guaranteed by the present Charter." While Article 7 focuses
on the individual's right to be heard, Article 26 speaks of the institutions which are
essential to give meaning and content to that right. This Article clearly envisions
the protection of the courts which have traditionally been the bastion of protection
of the individual's rights against the abuses of State power.
15. The communication notes that Nigeria fully incorporated the African Charter
upon ratification in 1983. The African Charter upon ratification in 1983. The
African Charter (Ratification and Enforcement Act) specified: "1. As from the
commencement of this Act, the provisions of the African Charter on Human and
Peoples' Rights... shall, subject as thereunder provided, have force of law in
Nigeria and shall be given full recognition and effect and be applied by all
authorities and persons exercising legislative, executive or judicial powers in
Nigeria." It is this Act that is repealed by clause 13 (1) of the Political Parties
Dissolution Decree.
16. Any doubt that may exist as to Nigeria's obligations under the African Charter
is dispelled by reference to Article 1 of the Charter, which reads: "The Member
States ... Parties to the present Charter shall recognize the rights, duties and
freedoms enshrined in this Charter and shall undertake to adopt legislative or
other measures to give effect to them."
17. The African Commission has to express its approval of Nigeria's original
incorporation of the Charter, an incorporation that should set a standard for all
Africa, and its sadness at the subsequent nullification of this incorporation. The
Commission must emphasize, however, that the obligation of the Nigerian
government to guarantee the right to be heard to its citizens still remains,
unaffected by the purported revocation of domestic effect of the Charter. The
Charter remains in force in Nigeria, and notwithstanding the Political Parties
Dissolution Decree, the Nigerian government has the same obligations under the
Charter as if it had never revoked. These obligations include guaranteeing the
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right to be heard.
FOR THE ABOVE REASONS, THE COMMISSION
1. holds that the Decrees in question constitute a breach of Art. 7 of the Charter,
the right to be heard;
2. holds the ouster of the courts' jurisdiction constitutes a breach of Art. 26, the
obligation to establish and protect the courts;
3. finds the act of the Nigerian Government to nullify the domestic effect of the
Charter constitutes a serious irregularity. Taken at the 17th Session, Lome,
March 1995. Communication No. 135/94 Kenya Human Rights Commission/
Kenya
●
●
●
THE FACTS
PROCEDURE
THE LAW DECISION
THE FACTS
1.The university academic staff from the four public universities in Kenya
(University of Nairobi, Kenyatta University, Moi University and Egerton University)
met and resolved to form an Umbrella Trade Union to represent their interests in
negotiations with their respective employers. They decided to call their union, the
Universities Academic Staff Union (UASU).
2.On 25 May 1992, they submitted an application for registration to the Registrar
of Trade Unions. The Registrar acknowledged the receipt of the application
documents the same day. However, there was no further replies from either the
Registrar General, or the Attorney General.
3.In June 1993, the UASU interim officials wrote to the Attorney General seeking
audience with him to discuss UASU's registration. The Attorney General did not
reply to this letter.
4.Due to the lack of response, the UASU decided in November 1993 to go on
strike 29 November 1993. The notice of the intended strike was issued to the
Attorney General, the Registrar and the Vice-Chancellors of the public
universities. A copy of notice was also delivered to Kenya's President Daniel Moi,
who is also the Chancellor of all the public universities.
5.On 24 November 1993 the Registrar refused to register UASU on the grounds
that "the union is used for unlawful purposes and as such peace, welfare and
good order in Kenya would otherwise be likely to suffer prejudice..."
6.The strike began on 29 November 1993 and court proceedings initiated on 23
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December 1993, challenging the Registrar's decision to reject their application for
registration as a trade union.
7.On 27 December 1993, during the swearing-in of two newly appointed judges of
the High Court of Kenya President Moi, who is also the Chancellor of the public
universities, stated that the government would never register UASU despite the
fact that the matter was already in court. He reiterated the government's position
on 31 December in a public statement. He again repeated that the government
would not allow the registration of UASU on 25 February 1994 and further stated
that the government would take stern action against the leaders of the UASU.
8.Justice A.B. Shah, one of the new judges sworn in on 27 December 1993, and
who was previously the President's lawyer, heard an application filed by
University of Nairobi UASU chapter officials seeking to restrain eviction from their
university housing until the cases against the Registrar challenging the rejection
of registration, and their purported dismissal from the university were fully
determined. Justice A.B. Shah rejected the application.
9.All the national officials of UASU have been arrested and harassed since the
strike begun in November 1993. On 10 December 1993, the national interim
officials were arrested while proceeding to Egerton University for a meeting. No
charges were pressed and the officials were released the following day. Dr Korwa
Adar was again arrested on 25 February 1994 from his house after the President
warned that action will be taken against UASU leaders. Dr. Adar was charged
with inciting students and colleagues to violence.
PROCEDURE BEFORE THE COMMISSION
10. The communication is dated 8 March 1994 and was received by the
Commission on 2 May 1994.
11. The Commission was seized of the communication at its 16 Session in
October 1994 and it was decided that the Government of Kenya should be
notified of the complaint against it for comments.
12. On 10 January 1995, a letter was sent to the complainant asking what had
been the outcome of the court case respecting the refusal of the Government to
register the union in question. On the same date a notification was sent to the
Government informing it of the seizure of the communication during the 16th
Session and that the admissibility of the communication would be considered at
the 17th Session.
13.At the 17th Session the 3 month period given to the Government of Kenya to
respond to the communication had not yet elapsed. The case was therefore
deferred to the 18th Session.
14.On the 20 April 1995, letters were sent to both the complainant and the
Government of Kenya, stating that the case would be considered at the 18th
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Session and requesting the Government of Kenya's response to the
communication and information from the complainant on the pending court case.
THE LAW DECISION
15. Article 56 of the African Charter reads: "Communications ... shall be
considered if they: (5) Are sent after exhausting local remedies, if any, unless it is
obvious that this procedure is unduly prolonged..." 1
6. The most recent information the Commission has, provided by the
complainants themselves, states that the communication is still pending before
the courts of Kenya. The complainant has therefore not exhausted all available
local remedies.
FOR THE ABOVE REASONS, THE COMMISSION
declares the communication inadmissible without making any judgements as to
the merits. 18th Session, Praia, Cape Verde, October, 1995.
ASSEMBLY OF HEADS OF STATE AND GOVERNMENT Thirty-Second
Ordinary Session 7 - 10 July 1996 Yaounde, Cameroon AHG/207 (XXXII)
ORIGINAL: FRENCH
NINTH ANNUAL ACTIVITY REPORT OF THE AFRICAN COMMISSION ON
HUMAN AND PEOPLES' RIGHTS - 1995/96
Last Updated: 22/07/2002
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