Seventh Annual Activity Report
Chapter Seven
Seventh Annual Activity Report of the
African commission
1993-1994
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I. ORGANISATION OF WORK
A. Period covered by the report
1. The Sixth Annual Activity report of the African Commission on Human and
Peoples’ Rights was adopted by the Twenty-ninth session of the Assembly of Heads
of State and Government of the OAU in its resolution AHG/Res. (XXIX) Rev. 1. The
present report covers the 14th and 15th Ordinary Sessions held in Addis Ababa,
Ethiopia, from 1-10 December 1993 and in Banjul, The Gambia, from 18-27 April
1994 respectively.
B. Status of ratification
th
2. By the 15 session of the Commission, all the Member States of the OAU, with the
exception of Ethiopia, Swaziland, and Eritrea, had ratified or acceded to the
African Charter on Human and Peoples’ Rights. The list of States and dates of
signature, ratification/accession and deposit of instruments is attached to this
Volume as Appendix III.
C. Session and Agenda
3. The Commission has held two ordinary sessions since the adoption of its Sixth
Annual Activity Report.
• The 14th Ordinary Session was held in Addis Ababa, Ethiopia, from 1-10
December 1993;
• The 15th Ordinary Session was held in Banjul, The Gambia, from 18 - 27 April,
1994.
The agenda for each of the two sessions is contained respectively in Annexes I and II
of this report. The Items on extra-judicial executions, human rights education and the
Fourth World Conference on Human Rights (Beijing 1995) were respectively
proposed by the following NGOs: Amnesty International, The Decade for Human
Rights Education and the Centre for the Development of Legal Resources and
Research, in accordance with articles 6, 5 (a) of the Rules of Procedure of the
Commission.
D. Composition and Participation
4. The terms of office of three Commissioners (Mr. Ali Mahmud Buhedma, Justice
Moleleki Mokama and Mr. Alexis Gabou), expired and three new Commissioners,
including a lady, were elected (Mrs. Vera Valentina Duarte Martins, Mr. Atsu-Kofi
Amega and Dr. Emanuel Victor Dankwa) during the 29th Ordinary Session of the
Assembly of Heads of State and Government (Cairo, Egypt, 28-30 June 1993). The
list of members of the Commission as from June 1993 is contained in Annex III.
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th
5. The following commissioners attended the 14 session:
1. Prof. Isaac Nguema - Chairman
2. Prof. Mohammed Hatem Ben Salem - Vice Chairman
3. Mr. Sourahata B.S Janneh
4. Justice Robert H. Kisanga
5. Dr. Ibrahim A Badawi EL Sheikh
6. Prof. U.O Umozurike
7. Mr. Youssoupha Ndiaye
8. Dr. Emanuel V. O. Dankwa
9. Mrs. Vera Valentina Duarte Martins
10. Mr. Atsu Koffi Amega
Mr. Alione Blondin Beye was absent with apology on account of a mission for the
UN.
The following commissioners attended the 15th session:
1. Prof. Isaac Nguema - Chairman
2. Prof. Mohammed Hatem Ben Salem - Vice Chairman
3. Mr. Sourahata B.S Janneh
4. Justice Robert H. Kisanga
5. Dr. Ibrahim A Badawi EL Sheikh
6. Prof. U.O Umozurike
7. Mr. Youssoupha Ndiaye
8. Dr. Emmanuel E.V. O. Dankwa
9. Mrs. Vera Valentina Duarte Martins
Messrs Alione Blondin Beye and Atsu Koffi Amega were absent with apologies.
NGO participation was quite active and massive. That of Inter-governmental
Organisations, although not quite as massive, was quite remarkable. Representatives
of State Parties also attended the sessions.
E. Chairman and Vice Chairman of the Commission
6. Professor Isaac Nguema and Professor Mohammed Hatem Ben Salem were elected
Chairman and Vice- Chairman respectively at the 14th session for a period of two
years.
F. Adoption of the 7th Annual Activity Report
7. On the 27th of April 1994, the Commission considered and adopted its 7th Annual
Activity Report.
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II. ACTIVITIES OF THE COMMISSION
A.
Consideration of Periodic Reports
8. Under Article 62 of the Charter, each State undertakes to submit a report every two
years, on the legislative or other measures it is taking to give effect to the rights
and freedoms guaranteed by the Charter. No State submitted a report at the 15th
session.
9. At its 14th ordinary session, the Commission considered the initial report submitted
by Ghana pursuant to Article 62 of the Charter. It expressed its appreciation for the
report and the presence of the representative of Ghana sent to present it and to
undertake discussions with the Commission. The Commission acknowledged
Ghana’s preparedness to co-operate with it in the application of the Charter.
10. Following the presentation, members of the Commission raised several questions
which were answered by the representative who promised to provide more detailed
information about some of the questions.
By the 15th session, the following States had submitted their preliminary reports:
Libya, Rwanda, Tunisia (9th session), Egypt and Tanzania (11th session), The Gambia,
Senegal, Zimbabwe (12th session), Togo, Nigeria (13th session), Benin, Ghana, Cape
Verde and Mozambique (14th session). It follows that 38 States were yet to submit
their preliminary reports.
B Promotional Activities
i) Report of the Chairman
11. During the session, the Chairman informed the Commission of the response of the
President of the Republic of Cote d’Ivoire to the message of condolence sent
following the passing away of His Excellency Felix Houphouet-Boigny, first
President of the Republic of Cote d’Ivoire.
12. As part of the activities undertaken from April to November 1993, the Chairman
participated in the following symposia, seminars, workshops and conferences:
1. The Conference organised in Lisbon, from 5 - 7 April, on “the role of
women in an interdependent world”, by the North-South Centre of the
Council of Europe and the Organisation of African Unity.
2. A lecturing visit on the anthropological bases of human rights in Africa,
within the framework of a (DEA) doctoral thesis at the University of Paris I
(Pantheon, Sorbonne) from 20 April - 24 May 1993.
3. The meeting of the Permanent Consultative Committee on Security in
Central Africa, held in Libreville, from 30 August to 3 September 1993
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under the auspices of the United Nations as a lecturer on the theme:
“Democratisation, human rights and stability in Central Africa”.
4. Lecture given within the framework of a (DEA) doctoral thesis on
“Comparative French and French inspired Law and the Development of
Law” on 13 May 1993, at the University of Paris V (René Descartes) on the
theme: “African Human Rights”.
5. The Human Rights trainers workshop held in Darda (Chad) from 22 to 27
November 1993 by the International Federation of Human Rights Leagues
in co-operation with the Chadian Human Rights League, as a resource
person.
6. The fifth workshop organised by the International Commission of Jurists
(ICJ), from 28 to 30 November 1993, in Addis Ababa, on the participation
of NGOs in the work of the African Commission on Human and Peoples’
Rights
13. As regards research and publication, the Chairman published an article on the
Commission (organisation, mission, procedures and activities) in the Review
“Parlements et Francophonie”, issue No. 88-89 published in Paris.
14. During the period from 10 December 1993 to 17 April 1994, the Chairman
participated in the following conferences, symposia, seminars and workshops:1. The seminar on the training of human rights trainers organised from 7 to 11
February 1994 by the Zairean Human Rights League and the International
Human Rights Federation in Kinshasa.
2. The meeting of experts on UNESCO/Commandant Cousteau’s team
organised by the Tri-Continental Institute for Parliamentary Democracy of
La Laguna University at Santa Cruz de Tenerife from 25 to 26 February
1994 on human rights of future generations. The meeting gave rise to the
Universal Declaration of the Human rights of future generations.
3. The Conference on Electoral Freedom and the International Monitoring of
Elections, organised from 28 February to 2 March 1994, by the TriContinental Institute for Parliamentary Democracy and Human Rights of
the La Laguna University and the National Assembly of Portugal. The
Conference resulted in the drafting of the Jorge Campinos International
Convention on Electoral Freedom and the International Monitoring of
Elections.
4. The Action Forum Colloquium organised by the North-South Centre of the
Council of Europe, from 11 to 12 March 1994 in Lisbon (Portugal) , on
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strategies to the implementation in the areas of human rights within the
framework of North-South relations.
5. The Sixth workshop on the participation of NGOs in the work of the
African Commission organised by the International Commission of Jurists
and the African Centre for Democracy and Human Rights Studies in Banjul
from 15 to 17 April 1994.
15. During the same period, the Chairman communicated information to students and
researchers at the Universities of Montreal, Brussels and Portugal on the African
Charter on Human and Peoples’ Rights as well as on the studies he had just
published on human rights and democracy on Africa.
16. With regard to publications, the Chairman undertook the following work:
a) he ensured the supervision of the publication of the second edition of the
Review of the African Commission on Human and Peoples’ Rights which
came out in April 1994;
b) he sent in a presentation on the African Commission on Human and
Peoples’ Rights to the preparatory Committee of the World Conference on
Human Rights in Vienna in June 1993. That paper was circulated under
reference: A/CON 157/PC/62/ADD.2 of 23 March 1993.
17. He briefed members of the Commission on the amount received as subvention
from Raoul Wallenberg Institute and how it was to be used in conformity with the
two-year agreement signed on the 12th of April 1993 between the Secretary to the
Commission and the Raoul Wallenberg Institute. Members of the Commission
were also informed of how the fax machines donated by the Raoul Wallenberg
Institute to facilitate communication between them, on the one hand, and between
the latter and the Secretariat of the Commission as well as the institute concerned,
on the other, during the intersession, were to be acquired. Following the
discussions held during the 15th session, the representative of the Raoul
Wallenberg Institute intimated that the Institute could bear part of the running
costs of the fax machines on conditions that the latter be predetermined. The
Chairman then informed the Commission of the expenses already incurred from
the subvention granted by the Raoul Wallenberg Institute.
18. The Chairman reported on the progress of the discussions with Interights of
London which had already received the sum of 75,000 ECUS from the
Commission of the European Communities for assistance to the Commission,
among other things. Interights had been requested to account for the use of that
amount before offering any further services to the Commission.
19. The Chairman recalled the guidelines that members of the Commission could use
in examining periodic reports. He recommended that NGOs be involved in such an
exercise by submitting an alternative if need be, with particular emphasis on:
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1. the factors and difficulties impeding the implementation of the African
Charter on Human and Peoples’ Rights;
2. the positive aspects of the reports;
3. the main areas of concern;
4. suggestions and recommendations.
20. To ensure a certain degree of transparency in the Commission’s management, the
Chairman requested members to copy correspondence dealing with Commission oriented issues to the Secretary and the Chairman respectively.
21. The Chairman finally informed the Commission of his contacts with officials of
UNESCO and ECA with a view to strengthening co-operation between the United
Nations Agencies and the Commission.
22. He also pointed out that he was envisaging the establishment of relations of cooperation between the African Commission on Human and Peoples’ Rights and
Tri-Continental Institute for Parliamentary Democracy and Human Rights of the
La Laguna University (Santa Cruz de Tenerife).
ii) Activities of other members of the Commission
23. The allocation of countries to respective commissioners for the purpose of
promotional activities is as shown in Annex IV of this report.
During the intersession, members of the Commission visited and/or carried out
promotional activities in the following countries: Egypt and Zimbabwe (Dr. Ibrahim
A Badawi El Sheikh), Tunisia (Prof. H Ben Salem), Togo (Mr. Atsu Koffi Amega),
Senegal (Mr. Youssoupha Ndiaye), Ghana (Prof. EVO Dankwa), Cape Verde and
Guinea Bissau (Mrs. Vera VDM Duarte Martins), Uganda (Mr. Robert H Kisanga),
Gabon, Chad and Zaire (Prof. I Nguema), The Gambia (Mr. SB Semega-Janneh),
Nigeria, Swaziland and Lesotho (Prof. UO Umozurike).
ii) Conference and Symposia organised
24. During the two intersessions, the following seminars were organised:
1. Seminar on State Reporting for English Speaking Countries. The Seminar
was organised in collaboration with the Raoul Wallenberg Institute and
held in Harare, Zimbabwe, from 23-27 August 1993 with the participation
of Dr. Ibrahim Badawi El Sheikh.
2. Seminar on Refugees and Internally Displaced Persons in Africa. The
Seminar was organised in collaboration with Southern Africa Centre for
Research and Documentation and held in Harare, Zimbabwe, from 16 - 18
February 1994 with the participation of the following members of the
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Commission: Dr. Ibrahim Badawi El Sheikh and Prof. Hatem Ben Salem.
The conclusions of that seminar are attached to this report as Annex V.
3. The fifth workshop on NGO participation in the work of the African
Commission on Human and Peoples’ Rights. The workshop held in Addis
Ababa, Ethiopia, from 28 to 30 November 1993, was organised by the
International Commission of Jurists in collaboration with the African
Commission.
The next workshop held in Banjul, The Gambia from 15 to 17 April 1994,
was also organised by the International Commission of Jurists with the
collaboration of the African Commission and the African Centre for
Democracy and Human Rights Studies. It was attended by the following
members of the Commission: Prof. I Nguema, Prof. Hatem Ben Salem,
Mrs. Vera Duarte Martins, Dr. EVO Dankwa, Prof. UO Umozurike, Mr. SB
Semega-Janneh, Mr. Robert Kisanga and Mr. AK Amega.
4. Seminar on State Reporting for Francophone, Arabophone and Lusophone
countries held in Tunis, Tunisia from 24 to 27 May 1994 with the
participation of Prof. Ben Salem and the collaboration of Raoul Wallenberg
Institute.
iv) Programme of Action
25. The Commission agreed to organise the following seminars:
1. Seminar on Fair Trial to be organised in collaboration with the Arab
Lawyers Union and will be held in Cairo at a date to be determined.
2. Seminar on Human Rights Education in South Africa to be organised in
collaboration with the South African Lawyers Committee for Human
Rights and will be held in South Africa at a date to be determined.
3. Seminar on the African Charter and the Status of women to be held in
Banjul, - The Gambia, at a date to be determined
4. Seminar on Non-Formal Education and Popular Participation
26. Furthermore, the Commission appointed its Vice-Chairman, Prof. Mohammed
Hatem Ben Salem as Special Rapporteur on Extra-judicial executions in Africa.
For the time being, he has mainly to focus attention on the situation in Rwanda.
v) Regional and International Co-operation
a) World Conference on Human Rights
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27. As a contribution to the proceedings of the Fourth Session of the Preparatory
Committee of the World Conference on Human Rights held in Geneva, from 19 to
30 April 1993, Prof. Nguema sent in a paper on the organisation and functioning of
the Commission, its promotional and protective activities in the area of human and
peoples’ rights, its role of interpreting the Charter on human and peoples’ rights as
well as on the follow-up procedure applicable before the Commission.
The contribution was highly appreciated by the Preparatory Committee.
The outgoing Chairman of the Commission, Dr. Ibrahim Badawi El Sheikh
represented the Commission at the said conference in Vienna, Austria, June 1993.
He presented a paper on the African Commission as requested by the Commission. He
made several statements before the Conference. He briefed the 14th session of the
Commission on the outcome of the said conference, in particular about the Final
Declaration and Programme of Action of the Vienna Conference. He underlined the
importance of the follow-up of the matters considered by the Vienna Conference and
referred also to several activities undertaken in relation to the World Conference on
Human Rights.
b). Visit of HE Mr. Ibrahima Fall, United Nations Under Secretary General for
Human Rights to the African Commission on Human and Peoples Rights (21 - 25
April 1994).
During the 15th ordinary session held in Banjul, The Gambia, the Commission played
host to His Excellency Mr. Ibrahima Fall, United Nations Under Secretary General
for Human Rights.
During his working visit, H.E Mr. Ibrahima Fall held lengthy discussions with
members of the Commission on the State of co-operation between the Human Rights
Centre and the Commission since the latter’s establishment.
After considering the functioning and essential needs of the Commission, the parties
exchanged views of ways and means of improving the latter’s performance in the
discharge of its human rights promotional and protective activities. In that regard, the
parties jointly identified the areas in which the Human Rights Centre could assist the
Commission with financial or other resources. Practical ways and means were
determined to that effect. The two parties agreed to spare no efforts in enhancing cooperation between their respective institutions and expressed gratification about the
positive outcome of their meeting.
c) The UN Centre for Human Rights organised a Regional Seminar on the Drafting
and Preparation of Periodic Reports in Abidjan, Cote d’Ivoire from 20 to 24 June
1994. The African Commission was represented at the seminar by Prof. Ben
Salem.
d) The Commission decided to strengthen co-operation with national human rights
NGOs especially through regular exchange of information on the promotion and
protection of human rights within States in which such NGOs operate. That would
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enable the Commission to benefit from assistance of NGOs for certain field
investigations in areas it cannot itself visit.
f) Publications
28. The second edition of the Review of the African Commission on Human and
Peoples’ Rights came out on 15 April 1994 thanks to the assistance of the African
Society of International and Comparative Law and the diligence of the drafting
committee and its Chairman. The members of the Commission were asked to make
available to the drafting committee and the Chairman, articles and other
contributions for the following edition of the Review which was to be published in
October 1994.
29. As regards the proposed publication of a quarterly Newsletter and Brochure of the
Commission, it was to be done in English, French and Arabic. Prof. Ben Salem
was entrusted with exploring its feasibility and ensuring its supervision in Tunis
(Tunisia).
C. Administrative and Financial Matters
i) The OAU Budget
30. The budget allocated by the OAU to the Commission for the 1993/1994 financial
year is as follows:
Code
Description
Appropriations
1992-1993
Actual Expenditure
1991-1992
Appropriations
1993-1994
Increased
(Decreased
100
Est. Post
85,614.00
69,336.00
101,771.00
32,435.00
101
Post Adjust
23,942.00
12,397.00
21,182.00
8,785.00
102
Temp. ASST.
1,000.00
1023.00
1,500.00
477.00
103
OT Pay
250.00
276.00
250.00
-26.00
104
Comm.
Honorarium
55,000.00
34000.00
33,000.00
-1,000.00
204-212
Common
Costs
117,375.00
43,777.00
79,098.00
35,321.00
300
Official Mission
20,000.00
18,599.00
20,000.00
1,401.00
401-406
Maint. Costs
19,000.00
13,700.00
16,500.00
2,800.00
501-504
Communication
Costs
7,000.00
6,465.00
6,500.00
35.00
600-610
Supplies
Services
12,700.00
44,596.00
16.000.00
-28,596.00
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Staff
and
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800
Meetings
160.000.00
188,438.00
135,000.00
-53,438.00
TOTAL
501,881.00
432,607.00
430,801.00
-1,806.00
ii) Subventions from the United Nations Centre for Human Rights
31. The Secretariat of the Commission as at 7 December 1993, received an initial
transfer of 35,000 dollars as part of the subvention of 71, 000 dollars granted by
letter of 22 July 1993 and earmarked for the following:
a) Strengthening of the documentation Centre
1. -Library
2. - Printing of the Charter
$
$
7,500
7,500
b). Thematic seminar (20%)
c). Regional Seminar (20%)
d). Free-lance support staff
$
$
$
$
14,000
18,000
24,000
71,000
Total
The participation of four members of the Commission in the Seminar on Refugees
and Displaced Persons held in February 1994 in Harare was financed by this project
to the tune of 11, 611 US Dollars. Moreover, the Secretariat of the Commission had
already secured the services of a Documentalists and a Programme Officer within the
framework of the Project for a period of eleven months.
32. Anticipated Subvention of 214, 285 Dollars:
Contacts were still under way with the United Nations Centre for the release of the
subsidy which should be used for the computerisation of the Secretariat and the
enhancement of promotional and protective activities.
iii) Assistance from the Raoul Wallenberg Institute
33. The details relating to the financial assistance from Raoul Wallenberg Institute as
per the agreement of 28 May 1993 are as follows:
1. Promotional activities carried out by members of the Commission
SEK 250, 000
• World Conference on Human Rights
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191
38, 000
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• Umozurike (Swaziland and Lesotho)
• Umozurike (Nigeria and Cameroon)
SEK
SEK
46, 000
40,000
Total
SEK
124,000
Balance
SEK
126,000
2. Printing of the Review of the African Commission on Human and Peoples’ Rights
SEK 100,000
Printing of the Review of the African Society of International and Comparative
Law
SEK 100,000
Balance
SEK
00,00
SEK
65, 000
SEK
SEK
SEK
25,000
7,000
25,000
Total
SEK
57,000
Balance
SEK
8,000
3. Faxes for members of the Commission
Ben Salem
Janneh
Badawi
4. Emergency Missions
SEK 185, 000
Balance
SEK 185,000
Used amount in total
SEK 281,000
Balance in total
SEK 319,000 (equiv. $ 39,000)
iv) Commission of the European Communities
34. The Secretariat of the Commission received in two instalments, dated 6 February
1990 and 31 December 1992, respectively, a subvention of US$ 54, 811.57
(46,851.05 + 7,960.52 dollars) from the Commission of the European
Communities. The subvention was earmarked to cover the publication costs for the
Review, the Annual Activity Reports of the Commission, as well as provide for the
media coverage of the sessions of the Commission.
D. Observers
35. In accordance with the provisions of Rules 76 and 77 of its Rules of Procedures,
the Commission granted observer status to two NGOs, i.e.: the Community Legal
Resource and Advice Centre, Lesotho and the Botswana Centre for Human Rights.
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E. Protective Activities
36. At its 14th and 15th sessions, the Commission received 33 communications under
Article 55 of the Charter. This brought the total number of communications
received by the Commission to 136. With regards to these communications, the
Commission took measures in accordance with the provisions of the Charter. The
Commission also followed up on old communications. The communications were
examined in closed sessions. It should be noted that the Commission completed the
consideration of 78 communications including two which were submitted to the
Assembly of Heads of State and Government. 58 communications are still
pending.
37. In accordance with Article 59 of the Charter, the details of the above-mentioned
communications are contained in Annex VI.
F. Resolutions of the 14th and 15th sessions and Press Communiqué
38. During the 14th session, the Commission adopted two resolutions respectively on:
a). Human Rights Education;
b). Promotion and Respect of International Humanitarian Law and Human and
Peoples’ Rights.
The text of these two resolutions are attached to this report (Annexe VII and VIII)
During its 15th session, the Commission adopted a resolution on the situation in
Rwanda (Annex IX) and issued a press communiqué (Annex X). The Commission
also adopted a resolution on South Africa which is hereto attached as Annex XI.
G. Adoption of the Report by the Assembly of Heads of State and Government.
39. Following the consideration of this report, the Assembly of Heads of State and
Government adopted a resolution by which it took note of it and authorised its
publication; the Assembly also decided to set up an intergovernmental Committee
of experts to consider the possibility of creating an African Court on Human and
Peoples’ Rights. The text of this resolution is appended to this report as Annex
XII.
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ANNEXES
ANNEX I
AGENDA OF THE FOURTEENTH ORDINARY SESSION
1. Opening Ceremony
2. Swearing in of the newly elected members of the Commission
3. Election of the Chairman and Vice Chairman of the Commission
4. Adoption of the Agenda
5. Organisation of work
a) Appointment of rapporteur
b) Working hours:
c) Programme of work
6. Observers:
a) Consideration of applications for observer status
b) Relations with observers
7. Consideration of Periodic reports
8. Promotional activities
9. Administrative and Financial matters
a) Report of the Chairman
b) Report of the Secretary to the Commission
c) Implementation of the Recommendations of the Preceding sessions
10. Protective activities
11. Working procedures of the Commission
a) Consideration of amendments to the Rules of Procedure
b) Consideration of article 58 of the Charter
12. Report on OAU activities relevant to the Commission
13. Date, Venue and Agenda of the fifteenth session
14. Any other business
15. Adoption of the report of the fourteenth session
16. Final communiqué and closing ceremony
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ANNEX II
AGENDA OF THE FIFTEENTH ORDINARY SESSION
1. Opening Ceremony
2. Adoption of the Agenda
3. Organisation of work
a) Appointment of the Rapporteur of the Commission
b) Appointment of Rapporteur to prepare the Seventh Annual Activity Report
c) Working hours:
d) Programme of work
4. Observers:
a) Consideration of applications for observer status
b) Relations with observers
5. Consideration of the Initial report submitted by Mozambique.
6. Promotional activities
a) Report of activities by members of the Commission
b) Consideration of extra-judicial executions
c) Creation of an African Court on Human and Peoples’ Rights
d) Fourth World Conference on Women (1995) and setting up of a working group
to prepare the Commission’s Declaration
e) The organisation of forthcoming seminars and conferences
f) The regional seminar on the drafting and preparation of periodic reports
g) Publication of the Commission’s Review and Newsletter
h) Funding of the publication of minutes and periodic Reports
i) Report of the seminar on the protection of Refugees and Internally Displaces
Persons in Africa
7. Protective Activities
8. Administrative and Financial matters
a) Report of the Chairman
b) Report of the Secretary to the Commission
c) Implementation of the Recommendations of the preceding sessions
d) Draft Rules on Contracts of Consultants
9. Working procedures of the Commission
a) Consideration of amendments to the Rules of Procedure
b) Consideration of article 58 of the Charter
10. Report on OAU activities relevant to the Commission
11. Date, Venue and Agenda of the Sixteenth session
12. Preparation of:
a) Session report
b) Annual activity report
13. Adoption of the report
14. Adoption of the Seventh Annual Activity Report
15. Final communiqué and closing ceremony
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ANNEX III
LIST AND ADDRESSES OF MEMBERS OF THE AFRICAN COMMISSION
ON HUMAN AND PEOPLES’ RIGHTS - BANJUL, THE GAMBIA
1.
Mr. Isaac Nguema
BP 962
Libreville, Gabon
Tel. Office
:
Tel. Res.
:
Telex
:
Fax
:
CHAIRMAN
241 73 24 20
241 73 20 27
5255 GO
241 76 09 93
2.
Mr. Mohammed Hatem Ben Salem
1, Rue de Naplouse
BP 219, Lamanouba - 2010- Tunis
Tunisie
Tel.
:
216 1 520 270
Fax
:
216 1 520 720
VICE-CHAIRMAN
3.
Mr. Atsu Koffi Amega
BP 1262
Lomé, Togo
Tel.
:
Fax.
:
Telex
:
Member
228 21 33 96
228 21 39 74
5239
4.
Mr. Alione Blondin Beye
Member
UNAVEM II
Vila Espa
PO Box 5185, Central Post Office
Luanda, Angola
Tel.
:
244 2 341882/341824 (ext. 201/342)
1 212 963 30 11 (Ext. 201/342)
Fax.
:
244 2 341882/341824 (Ext. 309)
1 212 963 19 51
Lusaka: Fax. :
260 1 26 07 66 (Direct)
260 1 29 44 15 (Conference Centre)
5.
Mr. Emanuel Victor Oware Dankwa
Faculty of Law
University of Ghana
PO Box 70
Legon, Ghana
Fax.
:
233 21 222 621
233 21 774 338
Member
6.
Mr. Sourahata Baboucar Semega Janneh
Member
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15 Hagan Street
PO Box 212
Banjul, The Gambia
Tel. Office
:
Tel. Res.
:
Telex
:
220 228174
220 495117
996 2216 GV (NOVOTEL)
7.
Mr. Robert Habesh Kisanga
Member
Court of Appeal
PO Box 9004
Dar-ES-Salaam, Tanzania
Tel. Office
:
255 51 27843/26011
Telex
:
989 41838 RCA TZ
8.
Mrs. Vera Valentina De Melo Duarte Martins
Member
Supromo Tribunal de Justiça
CP 117
Priai, Cape Verde
Tel.
:
238 61 2137 (Residence)
238 61 5809 (Bureau)
Fax.
:
238 61 4519 (MJ) PT
9.
Mr. Youssoupha Ndiaye
Member
President du Conseil Constitutionnel
Ancien Musée Dynamique
Dakar, Senegal
Tel. Office
:
01 22 44 50
Tel. Res.
:
01 22 72 57
Fax.
:
01 22 81 87
Telex
:
906 21776 MINAFET SG
10.
Mr. Ibrahim Ali Badawi EL Sheikh
Embassy of Egypt
Borweg 1
The Hague - The Netherlands
Office Tel.
:
2597 354 2000
354 4066
Home Tel.
:
2597 3607791
Fax.
:
3170 3543304
Member
11.
Mr. U Oji Umozurike
Faculty of Law
University of Calabar
Calabar, Nigeria
Tel. Office
:
Res.
:
Telex
:
Fax/Tel
:
Member
234 87224748/49 Ext. 9
87220543
65103 UNICAL, NG
234 87220111, or 87220543
OR
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c/o
Liaison Officer
University of Calabar
Lagos Nigeria
Tel.
:
234 1 835 615
SECRETARY TO THE COMMISSION
Mr. Germain Baricako
PO Box 673
Tel.
:
Fax.
:
Telex
:
Banjul, The Gambia.
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220 390764
996 2346 - OAU BJL GV
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ANNEX IV
DISTRIBUTION OF COUNTRIES BY MEMBERS OF THE COMMISSION
FOR PROMOTIONAL WORK AS AT 10/12/1993
1.
Mr. Atsu-Koffi Amega
Togo
Central African Republic
Burundi
Chad
Gabon
Djibouti
2.
Dr. Ibrahim A. Badawi EL Sheikh
Comoros
Seychelles
Mauritius
Madagascar
Egypt
3.
Mr. Alione Blondin Beye
Benin
Equatorial Guinea
Cote D’Ivoire
Mauritania
4.
Mr. Emanuel Victor Oware Dankwa
Ghana
Zimbabwe
Malawi
5.
Mr. Souharata Baboucar Semega Janneh
Gambia
Liberia
Sierra Leone
Botswana
Namibia
6.
Mr. Robert H Kisanga
Ethiopia
Kenya
Somalia
Uganda
Tanzania
Zambia
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7.
Mrs. Vera VDM Duarte Martins
Cape Verde
Mozambique
Angola
Guinea Bissau and Sao Tome & Principe
8.
Mr Youssoupha Ndiaye
Mali
Niger
Senegal
Republic of Guinea
9.
Prof. Isaac Nguema
Zaire
Burkina Faso
Congo
Rwanda
10.
Prof. Mohammed H Ben Salem
Tunisia
Algeria
Libya
Sahrawi Arab Democratic Republic
Sudan
Eritrea
11.
Prof. U Oji Umozurike
Nigeria
Cameroon
Lesotho
Swaziland
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ANNEX V
CONCLUSIONS OF THE SEMINAR ON PROTECTION OF AFRICAN
REFUGEES AND INTERNALLY DISPLACED PERSONS HELD IN
HARARE, 16-18 FEBRUARY 1994
The African Commission on Human and Peoples’ Rights within the context of its
programme of activities to promote and ensure respect for human rights in Africa,
convened a seminar on “The protection of African Refugees and Internally Displaced
Persons” in Harare from 16-18 February 1994.
The Seminar was officially opened by the Honourable John Khomo, Minister of
Public Service, Labour and Social Welfare, of the Government of Zimbabwe.
The seminar debated the following main issues:
A.
Review the general picture of national, regional and international,
governmental and non-governmental action, in favour of African refugees
and internally displaced persons.
B.
Problems of African refugees and internally displaced persons in the context
of promotion and ensuring respect for human rights with the view of
consolidating action in their favour, with special reference to the needs of
children and women.
The Seminar came to the following general conclusions:• The plight of African refugees and internally displaced persons is rooted in causes
such as violation of human rights, civil strife, internal disturbances, political
conflicts, armed conflicts, ethnic violence, religious intolerance and mass poverty;
• The participants noted in particular, the African Charter on Human and Peoples’
Rights, international human rights instruments, namely the UN Convention on
Refugees of 1951 and its protocol of 1967, the OAU Convention of 1969, the
Geneva Conventions of 1949 and the two additional protocols of 1977 ;
• The participants, having noted the above-mentioned instruments, were of the
opinion that the basic documents provides essential legal ground for protecting
African refugees and internally displaced persons provided that African States
adhere strictly to them and ensure their implementation in law and practice;
• The participants also noted that the issue of internally displaced persons requires
close attention as presently, there is no agency with special mandate for their
protection;
• The solving of the problems of African refugees, though the primary responsibility
of African States, requires wholehearted solidarity on the part of the international
community to enable Africa to address the root causes and effects, and find durable
solutions to the problems of refugees and internally displaced persons.
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The seminar noted the efforts of African governments, inter-governmental agencies
such as the United Nations High Commission for Refugees (UNHCR) and
international organisations such as the International Committee of the Red Cross
(ICRC) and the NGOs vis-à-vis the problems of African refugees and internally
displaced persons. However, the problems of their protection continue to exist.
The seminar considered the reports of the following groups constituted by the
seminar:
Group A.
was entrusted with elaborating the conclusions on - the general picture
of national, regional and international, governmental and non-governmental action, in
favour of African Refugees and internally displaced persons;
Group B.
was entrusted with elaborating the conclusions on - problems of
African Refugees and internally displaced persons in the context of promotion of and
ensuring respect for human rights.
Group C.
women.
was entrusted with elaborating on - the specific needs of children and
The seminar adopted the following conclusions of the said working groups which are
reproduced in the following text:
Group A. presented the following conclusions:• A disaster preparedness and early warning system should be established;
• States should be encouraged to respect human rights and to observe binding
instruments, namely, the UN Convention on Refugees, the OAU Convention on
Refugees, International Humanitarian Law, African Charter on Human and
Peoples’ Rights, and also the UN Convention on Mines;
• Procedures should be created to penalise States which violated these Conventions,
and an African Court of Human Rights should be established;
• NGOs should increase their efforts in promoting the rights of refugees and
internally displaced persons, and assist them in redressing violations of these rights
• Action should be taken to promote and assist refugees and internally displaced
persons to participate in the planning and implementation of their own repatriation
and resettlement
• Programmes should be promoted that endorse the fact that the best protectors of
human rights are those with the greatest vested interest in their protection, i.e. the
people themselves, and not support agencies, and that education for self-protection
needs to be based on their own methods and their own ideas for improvement;
• In spite of the negative image of refugees and internally displaced persons often
portrayed by the media, and which weakens the position of the former, the media
has an important role in promoting the empowerment of people to protect and
exercise their rights as well as expose violations thereof.
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Group B presented the following conclusions:Problem of displacement
• The seminar urges African governments, international organisations, NGOs at
national and international levels, and all other parties concerned with the situation
of violence to recommit themselves to address root causes of displacement, to
prevent refugee flow and to create conditions which would allow refugees and
internally displaced persons to return to their normal places of habitual residence in
safety and dignity;
• The seminar calls upon governments to continue to observe and implement the
applicable international principles and norms for the protection of refugees,
particularly the principle of non-refoulement and treatment of refugees and asylum
seekers in accordance with principles and norms of international law and
recognised humanitarian standards;
• The seminar calls upon governments who have not done so to promulgate national
refugee legislation to give expression to international refugee standards, and
establish procedures and mechanisms for dealing with all aspects of refugee
protection;
• The seminar calls on governments to ensure that the detention, expulsion or
deportation of refugees and asylum seekers be subject to legal and judicial
safeguards;
• The seminar encourages governments to respect and promote the human rights of
refugees over and beyond the enjoyment of asylum and protection against
refoulement;
• The seminar calls upon the relevant national, regional and international NGOs to
continue providing the necessary support towards the protection and assistance of
refugees;
• Governments should take all necessary measures to ensure the adequate and
effective security in refugee hosting areas and, in particular, to protect the refugees
against all forms of personal violence, particularly rape. All perpetrators of such
violence should be expeditiously punished according to the applicable penal law;
• In view of the phenomenal political, social and economic developments that have
taken place regionally and globally, the traditional solutions to refugee problems,
i.e., resettlement, local integration and voluntary repatriation need to be seriously
reviewed. In particular, it should be examined whether under the changed
circumstances, these continue to offer a durable solution in reality and whether, in
the case of voluntary repatriation, it is always the best solution.
• Refugees should always be consulted and involved in the planning and
implementation of their voluntary repatriation. In planning such voluntary
repatriation, the concerns of refugees, particularly regarding safety, education,
social and economic facilities, and access to settlement on and use of land, should
be given the highest priority.
• While in exile, refugees should be provided with civic education so that the period
in refuge contributes to the solution of their situation and to rebuilding a new and
better society after their return home.
Internally Displaced Persons
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The Seminar:
1. Calls upon States and relevant organisations and institutions to respect and adhere
to the relevant principles and the norms of humanitarian law in order to ensure the
dignity and integrity of the civilians, and allow for the effective response to such
protection and assistance problems as and when they arise.
2. Urges governments and all concerned parties to recognise the right of humanitarian
assistance to victims of war and displaced persons, and to allow humanitarian
organisations access to all these populations in particular by respecting the
impartiality and neutrality of humanitarian aid and allowing its delivery in safety;
3. Calls upon States to accede to all relevant treaties, enforce them in their domestic
law and practice, disseminate knowledge of these laws, and ensure effective
functioning of the international and regional mechanisms of implementation and
control;
4. Calls upon the international community to review and further develop the
international protection and assistance framework with particular reference to cases
of internal displacement not adequately covered by existing humanitarian and
human rights law as well as strengthening assistance to host communities.
5. Calls for the provision of legal aid and assistance to refugees and internally
displaced persons to enable them exercise their right of access to the African
Commission on Human and Peoples’ Rights in order to seek redress for violations
of their human rights.
6. Recognises that whereas under certain specific circumstances, so-called safety
zones might be established to protect and assist displaced victims of armed conflict,
such mechanisms should not be used to prevent refugees from seeking and being
granted asylum outside their countries of origin.
Information and Dissemination
1. The seminar noted the need for information to be provided to refugees, returnees
and internally displaced persons concerning relevant principles of protection and
international law to enable them to invoke their rights themselves.
2. The seminar calls upon African governments, Inter-governmental Agencies, NGOs
and the public at large to gather and disseminate detailed information on the social,
medical, economic and ecological consequences of landmines so as to promote
efforts for the control or ban of the production, the trade, stockpile and use of
landmines.
3. The seminar calls upon African Governments, and the international community at
large to provide all the necessary resources and assistance to support effective and
long-term initiatives for mine clearance and mine awareness in all the mine-infested
areas in Africa.
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Landmines
1. The seminar calls upon African governments to ratify the 1980 Convention,
supports the review of the Convention which has been initiated by the General
Assembly, and hopes that this review will lead to a total ban on the production,
stockpile, trade in and use of landmines.
2. The seminar calls upon African governments, Intergovernmental Agencies, NGOs
and the public at large to gather and disseminate detailed information on the social,
medical, economic and ecological consequences of landmines so as to promote
efforts for the control or ban of the production, trade, stockpile and use of
landmines.
3. The seminar calls upon African governments and the international community at
large to provide all the necessary resources and assistance to support effective and
long-term initiatives for mine clearance and mine awareness in all the mine-infested
areas in Africa.
Role of National, Regional and International NGOs
• The seminar calls upon national, regional and international NGOs to co-ordinate
and collaborate in their efforts to assist refugees and internally displaced persons in
securing protection according to international human rights principles and norms,
and to support national NGO initiatives and encourage community participation,
particularly where refugees and internally displaced persons are themselves directly
involved;
• The seminar encourages relevant NGOs to consider including in their mandates, the
monitoring of the human rights of refugees;
• The seminar urges African Governments to support and allow NGOs to carry out
their humanitarian work on behalf of refugees and internally displaced persons at
all times and according to the principles of neutrality and impartiality. In particular,
no political or other considerations should be allowed to prevent NGOs from
carrying out humanitarian activities for the benefit of refugees and internally
displaced persons, especially where life-threatening situations exist;
• The seminar calls upon African governments in particular and relevant
organisations to support and strengthen the relevant regional institutions, especially
the African Commission on Human and Peoples’ Rights, the Conflict resolution
mechanisms, and the Bureau for refugees and internally displaced persons so as to
enable them to better and more effectively carry out their respective mandates;
• In order to improve the system of human rights enforcement in Africa, the seminar
calls for the establishment of an African Court of Human Rights and the prerequisite goodwill of governments necessary to make such a court or any other such
structure effective. Additionally, it should be examined how the mandate of the
recently appointed United Nations High Commissioner for Human Rights could
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improve the enforcement of human rights in Africa generally and of internally
displaced persons in particular;
• The mandate and work of the relevant organs of the OAU, particularly the
Commission of 15 on refugees should be reviewed so as to enable the question of
internally displaced persons to be considered and dealt with specifically and in its
own right.
Group C presented the following conclusions
1. In view of the fact that over 50% of refugees and internally displaced persons are
women, the staffing of institutions, and the setting and implementation of policies,
as well as the allocation of funds and other resources, should accurately reflect the
gender balance of these populations;
2. Donor agencies, host governments, and the media should make efforts to become
better informed about the special protection and assistance needs of refugee and
internally displaced women beyond basic requirements of food, clothing, shelter
and health services;
3. The African Commission on Human and Peoples Rights should review the African
Charter on Human Rights and Welfare of the Child with the aim of implementing
its provisions;
4. The African Commission on Human and Peoples’ Rights should take cognisance of
the special needs of repatriated refugees and internally displaced persons;
5. Efforts should be made by the international community and the African
Commission on Human and Peoples Rights to inform refugees and internally
displaced persons of their human rights;
6. With regards to the African Charter on Human and Peoples’ Rights, it is
recommended that the following articles be reflected upon for further clarity and
operational pragmatism in the light of the protection of women and the protection
of children:
•
•
•
•
Article 13, paragraph 2 - equal access to public service: the question is how
does the Commission ensure that this takes place and what measures are in
place to ensure such success?
Article 16, paragraph 1 - the psycho-social needs (including education), for
refugees and internally displaced persons need to be identified as essential
components of equal importance to material assistance;
Article 17, paragraph 3 - what power has the Commission in cases of failure
by States to promote and protect common morals?
Article 18, paragraph 3- the State shall ensure the elimination of every
discrimination against women and also ensure the protection of the rights of
woman and the child as stipulated in international declarations and
conventions; how does this fit with national legislation;
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•
•
•
Articles 25 and 26 - the duty to ensure the respect of rights and freedoms
and the duty to guarantee the independence of the courts;
Chapter II, article 31 - how valid is the necessity for legal experience given
the mandate of the Commission, as stated in Chapter II Article 45,
paragraph 1(a) and 2. By stating a preference for legal experience, women
are automatically excluded, because this is traditionally male-dominated
field. Commission members should include a variety of skills including
psycho-social sciences.
Chapter III Article 56 and 58 - massive violation of human and peoples’
rights.
7. Noting that the African Charter on Human and Peoples’ Rights obligates States to
afford “every individual” basic human rights without discrimination, such as, the
right to equality before the law, fair trial, economic, social and cultural rights;
noting also that the Charter refers to the right to asylum and prohibits mass
expulsion of nationals, it is thus binding upon African States to observe fully the
Charter and reflect its provisions related to refugees and displaced persons in the
reports submitted to the African Commission under Article 62. It is incumbent on
the African Commission to pay special attention to the issue of displaced persons
and make its own contributions in this regard.
FINAL CONCLUSIONS
1. The participants called upon the international community to intensify its efforts in
favour of African refugees and internally displaced persons, especially women and
children;
2. The participants indicated that the conclusions of the seminar should be annexed to
the annual report of the African Commission on Human and Peoples’ Rights to be
submitted to the OAU Summit and other participants, with the view of acting on
these conclusions. The hope was also expressed that the African Commission on
Human and Peoples’ Rights will act on these conclusions;
3. The participants expressed their warm gratitude and thanks to the Government of
Zimbabwe for having graciously accepted the convening of the Seminar in Harare
and designating the Honourable Minister of Public Service, Labour and Social
Welfare, John Nkomo, to officially open the seminar.
Harare, Zimbabwe, 18 February 1994 .
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ANNEX VI
Decisions/Recommendations on communications
1/88 FEDERICK KORVAH VS. LIBERIA
Communication on the situation in Liberia including corruption, immorality, etc.… .
of July 26, 1987
Final decision:
“ The African Commission on Human and Peoples’ Rights, established under article
30 of the African Charter on Human and Peoples’ Rights;
Meeting at its fourth ordinary session held from 17 - 26 October 1988;
Considering that the communication is not addressed to the Commission but to the
Liberian government;
Considering further that the five matters described in this communication do not
amount to violations of human rights under the provisions of the Charter;
Declares the communication inadmissible”. (Article 114 of the Rules of Procedure Article 56 of the Charter).
2/88 IHEANYICHUKWU A IHEBEREME vs. USA
Communication on false imprisonment, police brutality, etc. on July 13, 1987.
Final decision
“ The African Commission on Human and Peoples’ Rights, established under article
30 of the African Charter on Human and Peoples’ Rights;
Meeting at its fourth ordinary session from 17 to 26 October 1988;
Considering that the communication is directed against a State which is not a party to
the African Charter on Human and Peoples’ Rights;
Declares the communication inadmissible” (Article 101 of the Rules of Procedure).
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3/88 CENTRE FOR THE INDEPENDENCE OF JUDGES AND LAWYERS VS.
YUGOSLAVIA - 26 JANUARY 1987
Communication on alleged deprivation of the right to practice a profession
Final decision
“ The African Commission on Human and Peoples’ Rights, established under article
30 of the African Charter on Human and Peoples’ Rights;
Meeting at its fourth ordinary session from 17 to 26 October 1988;
Considering that the communication is directed against a State which is not a party to
the African Charter on Human and Peoples’ Rights;
Declares the communication inadmissible” (Article 101 of the Rules of Procedure).
4/88 CO-ORDINATING SECRETARY OF THE FREE CITIZENS
CONVENTION VS. GHANA
Communication about arrest and detention of persons - 25 June 1987
“ The African Commission on Human and Peoples’ Rights, established under article
30 of the African Charter on Human and Peoples’ Rights;
Meeting at its fourth ordinary session from 17 to 26 October 1988;
Considering that the communication is directed against a State which is not a party to
the African Charter on Human and Peoples’ Rights;
Declares the communication inadmissible” (Article 101 of the Rules of Procedure).
5/88 PRINCE JN MAKOGE VS. USA
Communication on the activities of the USA in Africa dated 29 August 1986
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“ The African Commission on Human and Peoples’ Rights, established under article
30 of the African Charter on Human and Peoples’ Rights;
Meeting at its fourth ordinary session from 17 to 26 October 1988;
Considering that the communication is directed against a State which is not a party to
the African Charter on Human and Peoples’ Rights;
Declares the communication inadmissible” (Article 101 of the Rules of Procedure).
6/88 DR. KODJI KOFFI VS. GHANA
Communication on arrest and detention without trial, dated April 11, 1988.
“ The African Commission on Human and Peoples’ Rights, established under article
30 of the African Charter on Human and Peoples’ Rights;
Meeting at its fourth ordinary session from 17 to 26 October 1988;
Considering that the communication is directed against a State which is not a party to
the African Charter on Human and Peoples’ Rights;
Declares the communication inadmissible” (Article 101 of the Rules of Procedure).
7/88 COMMITTEE FOR THE DEFENCE OF POLITICAL PRISONERS VS.
BAHRAIN
Communication on alleged false imprisonment of persons and torture, dated February
26 1988.
“ The African Commission on Human and Peoples’ Rights, established under article
30 of the African Charter on Human and Peoples’ Rights;
Meeting at its fourth ordinary session from 17 to 26 October 1988;
Considering that the communication is directed against a State which is not a party to
the African Charter on Human and Peoples’ Rights;
Declares the communication inadmissible” (Article 101 of the Rules of Procedure).
9/88 INTERNATIONAL LAWYERS COMMITTEE FOR FAMILY
REUNIFICATION VS. ETHIOPIA
Communication on alleged false imprisonment of persons and torture, dated April 14
1988.
“ The African Commission on Human and Peoples’ Rights, established under article
30 of the African Charter on Human and Peoples’ Rights;
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Meeting at its fourth ordinary session from 17 to 26 October 1988;
Considering that the communication is directed against a State which is not a party to
the African Charter on Human and Peoples’ Rights;
Declares the communication inadmissible” (Article 101 of the Rules of Procedure).
10/88 GETACHEW ABEBE VS. ETHIOPIA
Communication on false imprisonment and deprivation of property, dated June 1,
1988
“ The African Commission on Human and Peoples’ Rights, established under article
30 of the African Charter on Human and Peoples’ Rights;
Meeting at its fourth ordinary session from 17 to 26 October 1988;
Considering that the communication is directed against a State which is not a party to
the African Charter on Human and Peoples’ Rights;
Declares the communication inadmissible” (Article 101 of the Rules of Procedure).
11/88 HENRY KALENGA VS. ZAMBIA
A communication on false imprisonment, dated August 2 1988. The author (victim)
was released after a member of the African Commission on Human and Peoples’
Rights effected an amicable settlement. This file is closed.
12/88 MOHAMMED EL-NEKHEILY VS. OAU
Communication on wrongful dismissal, non-payment of salaries, etc., dated May 28,
1988.
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“ The African Commission on Human and Peoples’ Rights, established under article
30 of the African Charter on Human and Peoples’ Rights;
Meeting at its fourth ordinary session from 17 to 26 October 1988;
Considering that the communication is directed against the OAU which is not a State
or a Party to the African Charter on Human and Peoples’ Rights;
Declares the communication inadmissible” (Article 101 of the Rules of Procedure).
13/88 HADJALI MOHAMMED VS. ALGERIA
Communication about slow judicial process but no specific breaches of the provisions
of the Charter, dated August 29, 1988.
“ The African Commission on Human and Peoples’ Rights, established under Article
30 of the African Charter on Human and Peoples’ Rights;
Considering that the communication does not state the complaints directed against the
state concerned or/ the human rights violations suffered by the author of the
communication or the procedures engendered by such violations;
Declares the communication inadmissible” (Article 114 of the Rules of Procedure,
Article 56 of the Charter).
14/88 DR. ABD ELDAYEM AE SANUSSI VS. ETHIOPIA
Communication about arbitrary detention, dated February 29, 1988.
“ The African Commission on Human and Peoples’ Rights, established under Article
30 of the African Charter on Human and Peoples’ Rights;
Meeting at its fourth ordinary session from 17 to 26 October 1988;
Considering that the communication is directed against a State which is not a party to
the African Charter on Human and Peoples’ Rights;
Declares the communication inadmissible” (Article 101 of the Rules of Procedure).
15/88 MPAKA - NSUSU ANDRE ALPHONSE VS. ZAIRE
Communication on false imprisonment, dated September 12 1988
“The African Commission on Human and Peoples’ Rights ;
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Considering that the communication had already been referred for consideration to the
Human Rights Committee established under the International Covenant on Civil and
Political Rights;
Declares the communication inadmissible” (Article 56/7 of the Charter; article 114
of the Rules of Procedure)
16/88 COMITÉ CULTUREL POUR LA DÉMOCRATIE AU BENIN VS.
BENIN, DATED 3 AUGUST 1988; 7/88 BADJOGOUME HILAIRE VS.
BENIN, DATED OCTOBER 10, 1988; 18/88 EL HADJ BOUBACAR
DIAWARA VS. BENIN, DATED JULY 15 1988
Communications about false imprisonment.
“ The African Commission on Human and Peoples’ Rights, established under Article
30 of the African Charter on Human and Peoples’ Rights;
Meeting at its fifteenth ordinary session held in Banjul, The Gambia, from 18 to 27
April, 1994;
Considering that at its fifth ordinary session held in Benghazi (Libya) in April, 1989,
the Commission decided to link the three petitions registered under Nos. 16/88, 17/88
and 18/88 at the Secretariat due to their interrelation;
Considering that the three petitions were declared admissible and that notification
thereof was made to the parties concerned on 14 March 1990, 17 November 1990, 16
November 1992, 12 August 1993 and 20 January 1994;
Considering that during this same session, the Commission declared the three
communications admissible, in application of articles 56 and 57 of the African Charter
on Human and Peoples’ Rights and rules 114 and 117 of the Rules of Procedure;
Considering that by letter dated 18/3/1994, the State of Benin acknowledge receipt of
all the notifications and informed the Commission of the dispatch of the requisite
documents and information;
Considering moreover that it was as a result of a letter from Mr. Diawara to the
Commission dated 12 April, 1994 that the political and judicial authorities took into
consideration the requests of Mr. Diawara by referring the matter to the examining
magistrate and the President of the Republic of Benin;
Considering that prior to any substantive consideration, the communication must be
referred to the sixteenth session of the Commission, pursuant to Rule 115 of the Rules
of Procedure;
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Decides to refer the matter to the sixteenth session for decision on admissibility and
consideration on the merits.
19/88 INTERNATIONAL PEN VS. MALAWI, ETHIOPIA, CAMEROON AND
KENYA.
Communication on false imprisonment, dated August 30 1989
“ The African Commission on Human and Peoples’ Rights, established under article
30 of the African Charter on Human and Peoples’ Rights;
Meeting at its sixth ordinary session held from 23 October to 4 November 1989;
Considering that the communication is directed against States not parties to the
African Charter on Human and Peoples’ Rights;
Declares the communication inadmissible” (Article 101 of the Rules of Procedure).
20/88 AUSTRALIAN COMMITTEE AGAINST TORTURE VS. MOROCCO
Communication on wrongful arrest and false imprisonment.
“ The African Commission on Human and Peoples’ Rights, established under article
30 of the African Charter on Human and Peoples’ Rights;
Meeting at its sixth ordinary session held from 23 October to 4 November 1989;
Considering that the communication is directed against a State which is not a party to
the African Charter on Human and Peoples’ Rights;
Declares the communication inadmissible” (Article 101 of the Rules of Procedure).
21/88 CENTRE HAITIEN DES LIBERTÉS PUBLIQUES VS. ETHIOPIA
Communication on extra-judicial executions, dated January 20 1989
“ The African Commission on Human and Peoples’ Rights, established under article
30 of the African Charter on Human and Peoples’ Rights;
Meeting at its sixth ordinary session held from 23 October to 4 November 1989;
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Considering that the communication is directed against a State which is not a party to
the African Charter on Human and Peoples’ Rights;
Declares the communication inadmissible” (Article 101 of the Rules of Procedure).
22/88 INTERNATIONAL PEN VS. BURKINA FASO
Communication on alleged wrongful detention (not dated)
“ The African Commission on Human and Peoples’ Rights, established under article
30 of the African Charter on Human and Peoples’ Rights;
Meeting at its fifteenth ordinary session held in Banjul The Gambia, from 18 - 27
April 1994;
Considering that Mr. Ernest N Ouegraogo has been released on 4 August 1989;
Declares that the file be closed” (Article 56 of the Charter).
24/89 UNION NATIONAL DE LIBERATION DE CABINDA VS. ANGOLA
Communication on alleged denial of self-determination, dated April 2, 1988.
“ The African Commission on Human and Peoples’ Rights, established under article
30 of the African Charter on Human and Peoples’ Rights;
Meeting at its fifth ordinary session held from 3 to 14 April 1989;
Considering that the communication is directed against a State which is not a party to
the African Charter on Human and Peoples’ Rights;
Declares the communication inadmissible” (Article 101 of the Rules of Procedure).
26/89 AUSTRIAN COMMITTEE AGAINST TORTURE VS. BURUNDI
Communication about mass arrests, detention, torture, etc.…, dated March 31, and
June 19, 1989
“ The African Commission on Human and Peoples’ Rights, established under article
30 of the African Charter on Human and Peoples’ Rights;
Meeting at its sixth ordinary session held from 23 October to 4 November 1989;
Considering that the communication is directed against a State which is not a party to
the African Charter on Human and Peoples’ Rights;
Declares the communication inadmissible” (Article 101 of the Rules of Procedure).
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28/89 ASSOCIATION INTERNATIONALE DES JURISTS DEMOCRATES
VS. ETHIOPIA
Communication on alleged false imprisonment, destruction of property, etc.
“ The African Commission on Human and Peoples’ Rights, established under article
30 of the African Charter on Human and Peoples’ Rights;
Meeting at its sixth ordinary session held from 23 October to 4 November 1989;
Considering that the communication is directed against a State which is not a party to
the African Charter on Human and Peoples’ Rights;
Declares the communication inadmissible” (Article 101 of the Rules of Procedure).
29/89 COMMISSION FRANCAISE JUSTICE ET PAIX VS. ETHIOPIA
Communication on denial of the right to life, dated March 3 and June 19, 1989
“ The African Commission on Human and Peoples’ Rights, established under article
30 of the African Charter on Human and Peoples’ Rights;
Meeting at its sixth ordinary session held from 23 October to 4 November 1989;
Considering that the communication is directed against a State which is not a party to
the African Charter on Human and Peoples’ Rights;
Declares the communication inadmissible” (Article 101 of the Rules of Procedure).
33/89 SIMON B NTAKA VS. LESOTHO
Communication on infringement of the right to free movement, dated January 14,
1984
“ The African Commission on Human and Peoples’ Rights, established under article
30 of the African Charter on Human and Peoples’ Rights;
Meeting at its fourth ordinary session held from 17 to 26 October 1988;
Considering that the communication is directed against a State which is not a party to
the African Charter on Human and Peoples’ Rights;
Declares the communication inadmissible” (Article 101 of the Rules of Procedure).
35/89 SEYOUM AYELE VS. TOGO
Communication on alleged deprivation of nationality, December 12 1987
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Final Decision:
The author complains that an alleged victim was impliedly denied his nationality by
the action of his own state.
The Commission decided that the allegation was vague and the communication
inadmissible under article 56 of the Charter.
37/90 GEORGES EUGENE VS. USA, HAITI
Alleged ill-treatment by USA and Haiti, dated March 23, 1990
“ The African Commission on Human and Peoples’ Rights, established under article
30 of the African Charter on Human and Peoples’ Rights;
Meeting at its seventh ordinary session held from 18 - 28 April 1990 in Banjul, The
Gambia;
Has taken the following decisions:
At its sitting on Wednesday 25 April 1990;
Considering that the communication is directed against States which are not parties to
the African Charter on Human and Peoples’ Rights;
Declares the communication inadmissible” (Article 101 of the Rules of Procedure).
38/90 WESLEY PARISH VS. INDONESIA (not dated)
Alleged illegalities committed by Indonesia
“ The African Commission on Human and Peoples’ Rights, established under article
30 of the African Charter on Human and Peoples’ Rights;
Meeting at its seventh ordinary session held from 18 to 28 April 1990;
Considering that the communication is directed against a State which is not a party to
the African Charter on Human and Peoples’ Rights;
Declares the communication inadmissible” (Article 101 of the Rules of Procedure).
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41/90 ANDRE HOUVER VS. MOROCCO
Communication on alleged political imprisonment and other wrong doings, dated
March 28 1990
“ The African Commission on Human and Peoples’ Rights, established under article
30 of the African Charter on Human and Peoples’ Rights;
Meeting at its seventh ordinary session held from 18 to 28 April 1990;
Considering that the communication is directed against a State which is not a party to
the African Charter on Human and Peoples’ Rights;
Declares the communication inadmissible” (Article 101 of the Rules of Procedure).
42/90 INTERNATIONAL PEN VS. MALAWI
Communication on the denial of the right to life, dated March 12, 1990
“ The African Commission on Human and Peoples’ Rights, established under article
30 of the African Charter on Human and Peoples’ Rights;
Meeting at its seventh ordinary session held from 18 to 28 April 1990;
Considering that the communication is directed against a State which is not a party to
the African Charter on Human and Peoples’ Rights;
Declares the communication inadmissible” (Article 101 of the Rules of Procedure).
43/90 UNION DES SCOLAIRES NIGERIENS - UNION GENERALE DES
ETUDIANTS NIGERIENS AU BENIN VS. NIGER
Communication of alleged violation of the right to life, etc. dated February 14, 1990.
“ The African Commission on Human and Peoples’ Rights, established under article
30 of the African Charter on Human and Peoples’ Rights;
Meeting at its fifteenth ordinary session held in Banjul, The Gambia, from 18 to 27
April 1994;
By petition dated 14/2/90 registered at the Secretariat of the Commission under No.
43/90, the Union des Scolaires Nigériens and Union Général des Etudiants Nigériens
au Bénin wrote to the Commission to denounce human rights violations allegedly
committed by the State of Niger during the events of 09/02/90 in that country.
Considering that the communication had been brought to the knowledge of the State of
Niger through letters of 6/11/90 and 12/08/93, pursuant to article 57 of the Charter ;
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Considering that since the matter was referred to the Commission, no additional
information has been received by the Secretariat, in spite of several reminders;
Considering that the four (4) months date line given to the parties at the fourteenth
session of the Commission held in Addis Ababa, Ethiopia, in December 1993, has
expired;
Considering that non of the conditions relating to form, time-limit or procedure laid
down under article 56 of the Charter and Rule of Procedure has been complied with;
Considering that the communication is therefore inadmissible;
Decides to declare the communication of Union des Scolaires Nigeriens et l’Union des
Etudiants Nigeriens au Benin against the State of Niger inadmissible pursuant to
article 56 of the Charter and Rule 114 of the Rules of Procedure.
45/90 CIVIL LIBERTIES ORGANISATION VS. NIGERIA
Communication on wrongful eviction of inhabitants, dated October 4, 1990
Final Decision:
“The Commission decides that local remedies have not been exhausted as required by
article 56 of the Charter and 114 of the Rules of Procedure and therefore declares the
communication inadmissible”.
53/90 ALBERTO T CAPITAO VS. TANZANIA
Communication on recovery of money, dated March 26, 1991.
Final Decision:
“The Commission decides that local remedies have not been exhausted as required by
article 56 of the Charter and 114 of the Rules of Procedure and therefore declares the
communication inadmissible”.
55/91 INTERNATIONAL PEN VS. CHAD
Communication on alleged false imprisonment, dated March 27, 1991
“Following the withdrawal of the communication on 31 August 1993 following the
release of the prisoner concerned, the Commission decided to close the case” (Article
56 of the Charter; article 111 of the Rules of Procedure).
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57/91 TANKO BARIGA VS. NIGERIA (not dated)
Communication on demands for money and other privileges
Final Decision:
The demand is incoherent and is inadmissible under article 55(2) of the African
Charter on Human and Peoples’ Rights.
63/92 CONGRESS FOR THE SECOND REPUBLIC OF MALAWI VS.
MALAWI, DATED 5 APRIL 1991
Communication on the general political situation in Malawi
Final decision:
The information is noted, and as it is not a complaint, no further action is necessary
and accordingly, the matter is closed. (Article 56 of the Charter; article 114 of the
Rules of Procedure).
66/92 LAWYERS’ COMMITTEE FOR HUMAN RIGHTS VS. TANZANIA
Communication on alleged false imprisonment, dated July 1991.
The complainant, Mr. Seif Hamad having granted bail and subsequently the charges
against him have been struck, there is no need to proceed, and the matter is
accordingly closed. (Article 55 of the Charter)
76/91 CIVIL LIBERTIES ORGANISATION VS. NIGERIA
Communication on alleged wrongful detention, dated February 25, 1992
Final decision:
The Commission obtained information by letter CO. 128/T/24 dated May 19, 1992
from the government of Nigeria and other independent sources that the matter was
being amicably resolved and therefore closed the file. (Article 50 of the Charter).
64/92 KRISHNA ACHUTHAN VS. MALAWI (OCTOBER 10, 1991); 68/92
AMNESTY INTERNATIONAL VS. MALAWI (MARCH 2, 1992); 78/92
AMNESTY INTERNATIONAL VS. MALAWI (OCTOBER 6, 1992)
Communications on alleged wrongful detentions and denial of rights.
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Final decision:
The Commission finds that the State is in breach of articles 4, 5, and 7 of the African
Charter on Human and Peoples’ Rights and decides to refer the situation to the
Assembly of Heads of State and Government under article 58(1) of the Charter.
69/92 AMNESTY INTERNATIONAL VS. TUNISIA
Communication on alleged wrongful detention and torture, dated 4 March 1992
Final decision
“The African Commission on Human and Peoples’ Rights, established under article 30
of the African Charter of the African Charter on Human and Peoples’ Rights;
Meeting at its 13th ordinary session, from 29 March to 7 April 1993 in Banjul, The
Gambia;
Considering articles 55 and 56 paragraph 7;
Decides to declare the communication of Amnesty International against the Republic
of Tunisia inadmissible pursuant to the relevant provisions of article 56 (7) which
stipulates that communications submitted within the framework of Part II, Chapter III
of the African Charter on Human and Peoples’ Rights should necessarily “not deal
with cases which have been settled in accordance with the principles of the Charter or
the United Nations or the Charter of the Organisation of African Unity or the
provisions of the present Charter”.
72/92 BAMIDELE ATURU VS. NIGERIA
Communication about denial of right to education, dated 21 February, 1992
Final decision:
Author fails to exhaust local remedies. The Commission considers the application to
be inadmissible under article 55(5) of the Charter.
70/92 IBRAHIM DIOUMESSI, SEKOU KANDE, OUSMANE KABA VS.
GUINEA (not dated)
Communication on detention without trial.
Final decision:
“The African Commission on Human and Peoples’ Rights established under article 30
of the African Charter on Human and Peoples’ Rights;
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Meeting at its fifteenth ordinary session held in Banjul, The Gambia, from 18 to 27
April, 1994;
Recalling the provisions of article 57 of the Charter and those of Rules 110 and 115 of
the Rules of Procedure which stipulate that prior to any substantive consideration, all
communications must be brought to the knowledge of the State concerned;
Notes that the said communication was brought to the attention of the State of the
Republic of Guinea on 13/11/92, 12/4/93 and 12/3/94;
Request the Guinea government to submit additional information relating to the issue
within two (2) months of receipt of a new notification, failing which this matter shall
be considered during the sixteenth session”. (Article 57 of the Charter; articles 110
and 115 of the Rules of Procedure).
73/92 MOHAMMED L DIAKITE VS. GABON
Communication on wrongful expulsion and deprivation of property, dated 17 April
1992.
“The African Commission on Human and Peoples’ Rights established under article 30
of the African Charter on Human and Peoples’ Rights;
Meeting at its fifteenth ordinary session held in Banjul, The Gambia, from 18 to 27
April, 1994;
Recalling the provisions of article 57 of the Charter and those of Rules 110 and 115 of
the Rules of Procedure which stipulate that prior to any substantive consideration, all
communications must be brought to the knowledge of the State concerned;
Notes that the said communication was brought to the attention of the State of the
Gabon on 11 November 1992 and 12 April 1993;
Decides to enquire from the author of the complaint, pursuant to the decision of the
thirteenth session whether he intends to take up this matter with the Gabonese judicial
authorities and requests him to submit a response within four (4) months of receipt of
this decision;
Directs that substantive consideration of the matter be undertaken during the sixteenth
session”. (Article 57 of the Charter, articles 110, 115 and 117 of the Rules of
Procedure).
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83/92 JEAN Y DEGLI (ON BEHALF OF N BIKAGNI) VS. TOGO (joined with
88/93 and 91/93 of March 1 1993)
Communication on unlawful detention.
“The African Commission on Human and Peoples’ Rights established under article 30
of the African Charter on Human and Peoples’ Rights;
Meeting at its fifteenth ordinary session held in Banjul, The Gambia, from 18 to 27
April, 1994;
Recalling the provisions of article 57 of the Charter and those of Rules 110 and 115 of
the Rules of Procedure which stipulate that prior to any substantive consideration, all
communications must be brought to the knowledge of the State concerned;
Notes that the said communication was brought to the attention of the State of the
Republic of Togo on 11 November 1992;
Confirms the interim measures taken during the 14th session aimed at ensuring the
security of the victim and to avoid irreparable prejudice to be inflicted on the victim of
the alleged violations” (Article 57 of the Charter; articles 110 and 115 of the Rules of
Procedure).
88/93 UNION INTERAFRICAINE DES DROITS DE L’HOMME VS. TOGO
(not dated)
Communication on the human rights situation in Togo.
“The African Commission on Human and Peoples’ Rights established under article 30
of the African Charter on Human and Peoples’ Rights;
Meeting at its fifteenth ordinary session held in Banjul, The Gambia, from 18 to 27
April, 1994;
Recalling the provisions of article 57 of the Charter and those of Rules 110 and 115 of
the Rules of Procedure which stipulate that prior to any substantive consideration, all
communications must be brought to the knowledge of the State concerned;
Decides to bring the communication to the knowledge of the government of Togo and
to request it to submit a response within two months of receipt of the notification;
A substantive consideration of the matter shall be undertaken at the sixteenth session”.
(Article 57 of the Charter, articles 110, 115 and 117 of the Rules of Procedure).
91/993 COMMISSION INTERNATIONALE DES JURISTES VS. TOGO
Communication on the human rights situation on Togo, dated 1 March 1993;
(Combined with No. 88/93).
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93/93 International Pen vs. Ghana (not dated)
Communication on the freedom of expression.
“Upon the request by the author on 24 March 1993, the communication was
withdrawn and the file closed”. (Article 56 of the Charter).
97/93 JOHN K MODISE VS. BOTSWANA
Communication on denial of nationality, dated 3 March 1993;
Final decision:
It was decided to write to the author stressing the need for exhaustion of local
remedies as required by article 56 of the Charter. He should also be advised to contact
the NGO - Botswana Centre for Human Rights which enjoys observer status with the
Commission for assistance. (Article 56(5) of the Charter.
104/93 CENTRE FOR THE INDEPENDENCE OF JUDGES AND LAWYERS
VS. ALGERIA, dated August 12,1992.
Communication on the general political situation in Algeria.
Final decision:
The communication provides a general information to the Commission and deals with
no specific breaches of the Charter. The file is therefore closed. (Article 56 of the
Charter).
106/93 AMUH JOSEPH VITINE VS. CAMEROON, dated 16 September 1993
Communication on wrongful persecution.
Final decision:
Mr. Amuh Joseph wants the Commission to save his life and prevail on the
government to stop the haunt against him. He also wants the Commission to appeal to
the governments of either Senegal or Niger to grant him refugee status.
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The Commission applied article 56 and decide not to take up the matter.
107/93 ACADEMIC STAFF OF NIGERIAN UNIVERSITIES VS. NIGERIA
Communication on breach of agreement, threats etc. dated 27 July 1993
Final decision:
From the evidence adduced by the author, local remedies have not been exhausted.
The communication is therefore inadmissible. The Commission draws the attention of
the author to article 56 of the Charter.
131/94 OUSMAN MANJANG VS. THE GAMBIA (not dated).
Communication on wrongful detention and confiscation of papers.
Final decision:
Article 56(5) requires that the author exhausts local remedies before the Commission
takes up his complaint. In the absence of that, the communication is declared
inadmissible. (Article 56 of the Charter).
47/90 LAWYERS COMMITTEE FOR HUMAN RIGHTS VS. ZAIRE
Communications on violations of human rights by the Government of Zaire, including
arbitrary arrests, detention, torture etc. dated October 16 1990.
Final decision:
The Commission admits evidence of the existence of a series of serious or massive
violation of human and peoples’ rights and decides under article 58(1) of the Charter
to draw the attention of the Assembly of Heads of State and Government to the
situation.
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ANNEX VII
RESOLUTION ON HUMAN AND PEOPLES’ RIGHTS EDUCATION
The African Commission on Human and Peoples’ Rights meeting at its 14th Ordinary
Session in Addis Ababa, from 1-10 December, 1993:
Acknowledging that education in human and peoples’ rights is a prerequisite for the
effective implementation of the African Charter on Human and Peoples’ Rights and
other international human rights instruments;
Bearing in mind that the African Charter on Human and Peoples’ Rights provides in
Article 17(1) for the right to education and that Article 25 of the African Charter calls
upon States Parties to the Charter to promote human and peoples’ rights through
teaching, education and publication;
Recalling the Resolution on the African Commission on Human and Peoples’ Rights,
published in the Commission’s 6th Annual Activity Report, 1992 - 1993, in which all
States Parties are requested to “ensure among other things (a) that human rights are
included in the curriculum at all levels of public and private education and in the
training of all law enforcement officials, and (b) that education on human rights and
democracy should involve every organ of the society as well as the media”,
Taking note of the UNESCO Plan of Action adopted at the International Congress on
Education for Human Rights and Democracy in Montreal in March 1993, which laid
the foundation for the recommendation adopted at the World Conference on Human
Rights in Vienna for a Decade of Human Rights Education to be declared,
Noting also the Declaration at the World Conference on Human Rights, Vienna 1993,
encouraging all governments to include in the formal sector, curricula on the study of
human rights in primary, secondary and tertiary institutions as well as those in the
administration of justice, and for governments to be encouraged to undertake the
promotion of human rights in the informal sector,
Taking into consideration the Programme of Activities of the African Commission
on Human and Peoples’ Rights, 1992 - 1996, adopted at the 11th Session, March 1992,
Recognising the importance of education as an active vehicle of inculcating the
values and corresponding behaviours in a civil society based on full respect for
human and peoples’ rights, democracy, tolerance and justice,
Emphasising the importance of propagating the principle of human rights law as well
as international humanitarian law,
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Taking into consideration further the great efforts made by the African NonGovernmental Organisations to promote and implement human and peoples’ rights
through education on both formal and informal levels, using popular participatory
methods and through the media,
Having considered the item on human rights education upon the request of a number
of Non-Governmental Organisations:
1. REITERATE its request for States Parties to include the study of human and
peoples’ rights in the curriculum at all levels of public and private education,
including at law schools to ensure, inter alia, that education and information
regarding human and peoples’ rights are included in the training of law
enforcement personnel, civil or military, as well as medical personnel, public
officials and other persons who may be involved in the custody, interrogation or
treatment of any individual subjected to any form of arrest, detention or
imprisonment;
2. DECIDES to intensify the co-operation between the African Commission and the
African Non-Governmental Organisations on human and peoples’ rights
education, bearing in mind in particular the activities contained in the
Commission’s Programme of Activities, 1992 - 1996;
3. UNDERLINES the importance of education, through appropriate means and
techniques, being geared among other things to the need of specific groups such
as women, children, refugees and internally displaced persons, victims of armed
conflicts and other disadvantaged groups;
4. ENCOURAGES Governments to take advantage of the activities of the Non-
Governmental Organisations to organise a workshop on human and peoples’
rights education with a special reference to popular participation and non-formal
education during 1994, and any further initiatives which would strengthen the
long term activities of the African Commission and Non-Governmental
Organisations in the field of human rights education.
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ANNEX VIII
RESOLUTION ON THE PROMOTION AND THE RESPECT OF
INTERNATIONAL HUMANITARIAN LAW AND HUMAN AND PEOPLES’
RIGHTS
The African Commission on Human and Peoples’ Rights meeting at its 14th Ordinary
Session in Addis Ababa, from 1 - 10 December, 1993:
Considering that human rights and international humanitarian law (IHL) have
always, even in different situations, aimed at protecting human beings and their
fundamental rights,
Noting the competence of the International Committee of the Red Cross (ICRC) to
promote the respect for international humanitarian law,
Recalling the resolution CM/Res. 1059 (XLIV), adopted at the 44th Ordinary Session
of the Council of Ministers of the OAU which reaffirmed the determination of the
OAU to support the ICRC in its activities and to grant it the necessary facilities to
carry out its mandate,
Recalling also the conclusions of the seminar held in Banjul, October 1992, following
the 12th Session of the African Commission on Human and Peoples’ Rights on the
national implementation of the African Charter on Human and Peoples’ Rights, which
underscored the need to disseminate and implement the provisions of international
humanitarian law applicable in time of armed conflicts,
Considering the Resolution on Human and Peoples’ Rights Education adopted by the
African Commission on Human and Peoples’ Rights at its 14th Session, December
1993,
Recognising the need for a close co-operation in the field of dissemination of
international humanitarian law and human and peoples’ rights:
1. INVITES all African States Parties to the African Charter on Human and Peoples’
Rights to adopt appropriate measures at the national level to ensure the promotion
of the provisions of the international humanitarian law and human and peoples’
rights;
2. STRESSES the need for a specific instruction of military personnel and the
training of the forces of law and order in international humanitarian law and
human and peoples’ rights respectively;
3. STRESSES FURTHER the importance of regular exchange of information
between the African Commission on Human and Peoples’ Rights, the
International Committee of Red Cross and human rights non-governmental
organisations, on teaching and dissemination activities undertaken on the
principles of human and peoples’ rights and international humanitarian law, in the
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schools, universities and all other institutions;
4. DECIDES to participate, as much as possible, in the seminars, conferences or
technical sessions organised by the ICRC on questions of mutual interest and
urges the ICRC to reciprocate for the activities of the Commission.
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ANNEX IX
RESOLUTION ON THE SITUATION IN RWANDA
The African Commission on Human and Peoples’ Rights meeting in its 15th Ordinary
Session in Banjul, The Gambia, from 18 - 27 April, 1994:
Deeply concerned about the alarming human rights situation in Rwanda characterised
by serious and massive human rights violations,
Noting the OAU Secretary General’s very energetic condemnation of the wanton
killing of civilians and heinous acts perpetrated in this country,
Bearing in mind the recommendations made by the UN Special Rapporteur on extrajudicial, summary or arbitrary executions following his visit to Rwanda in 1993:
1. CONDEMNS very strongly the cycle of violence and the massacre of innocent
civilians by the different armed factions;
2. URGES the parties to the conflict to immediately cease hostilities and work
towards a peaceful settlement through dialogue between all the peoples of
Rwanda;
3. CALLS ON all parties to respect the African Charter on Human and Peoples’
Rights, the principles of International Humanitarian Law as well as the activities
of humanitarian organisations operating in the field;
4. INVITES the Special Rapporteur on extra-judicial summary or arbitrary
executions to pay special attention to the situation in Rwanda and report back to
the 16th Session.
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ANNEX X
PRESS RELEASE
The African Commission on Human and Peoples’ Rights during its 15th ordinary
session from 18 to 27 April 1994 in Banjul;
Informed of the massacres and outbursts of violence in Rwanda following the plane
crash of 6 April 1994 in which the President of Rwanda, General Juvenal
Habyarimana and the President of Burundi, His Excellency Cyprian Ntarymira were
killed;
Apprised by the Security Council decision to withdraw UN troops from Rwanda
because of the flare up of violence in that country;
Considering that this measure comes at a time when the Rwandan people is more in
need of being protected and its survival ensured;
Considering that solidarity and interdependence amongst peoples and states require
that every effort be made to avoid the recurrence of more serious disturbances in
Rwanda;
Deplores the decision taken by the Security Council;
Urges the United Nations Organisation to request the withdrawal of the decision taken
by the Security Council;
Appeals to the OAU Heads of State and Government for increased assistance to
Rwanda to put an end to the sufferings of the people.
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Annex XI
RESOLUTION ON SOUTH AFRICA
The African Commission on Human and Peoples’ Rights meeting in its 15th Ordinary
Session in Banjul, The Gambia, from 18 - 27 April, 1994:
Noting the violence that has taken place in South Africa and the loss of lives that has
assumed alarming proportions,
Reiterating the importance of protecting human lives and creating a climate
conducive to a free and fair elections,
Welcoming the positive developments that have emerged towards a consensus for
holding the forthcoming election:
1. URGES all parties concerned to cease the violence and create a peaceful
atmosphere;
2. URGES the concerned parties in South Africa to take all necessary steps to create
an atmosphere conducive to free and fair election;
3. URGES all political parties and others concerned in South Africa to accept the
results of the election if it is declared to be substantially free and fair by the
Independent Electoral Commission;
4. URGES the new government to ratify the African Charter on Human and Peoples’
Rights and to ensure the protection of the human rights of all South Africans in
accordance with the said African Charter and other relevant treaties and standards.
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