AFRICAN UNION
UNION AFRICAINE
UNIÃO AFRICANA
Addis Ababa, ETHIOPIA
P. O. Box 3243 Telephone +251115- 517700
Website: www.africa-union.org
EXECUTIVE COUNCIL
Eighth Ordinary Session
16 – 21 January 2006
Khartoum, SUDAN
Fax: +251115- 517844
EX.CL/236 (VIII)
REPORT OF THE AFRICAN COMMISSION ON HUMAN AND
PEOPLES’ RIGHTS
EX.CL/236 (VIII)
Page 1
THE NINETEENTH ACTIVITY REPORT
OF THE AFRICAN COMMISSION ON HUMAN AND PEOPLES’ RIGHTS
SECTION I
Period Covered by the Report
1.
The present Nineteenth Activity Report covers the period from July to December,
2005.
2.
It is to be recalled that the Eighteenth Annual Activity Report of the African
Commission on Human and Peoples’ Rights (African Commission) was adopted by the
5th Ordinary Session of the Assembly of Heads of State and Government of the African
Union, held from 4th to 5th July, 2005, in Sirte, Libya, in July, 2005. This followed the
examination of the Report by the Executive Council.
SECTION II
Holding of the 38th Ordinary Session
3.
Since the adoption of the Eighteenth Annual Activity Report in July, 2005, the
African Commission has held one Ordinary Session, the 38th Ordinary Session, which
took place from 21st November to 5th December, 2005 in Banjul, The Gambia. The
agenda of that session is attached to the present report as annex one (1).
4.
The 38th Ordinary Session was preceded by an NGO Forum whose aim was to
prepare towards the deliberations of the said 38th Ordinary Session. The NGO Forum
took place from the 18th to 20th November, 2005, in Banjul, The Gambia.
5.
All the under-listed members of the African Commission participated in the
deliberations of the 38th Ordinary Session-:
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•
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•
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•
•
•
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Commissioner Salamata Sawadogo, Chairperson;
Commissioner Yassir Sid Ahmed El Hassan, Vice-Chairperson;
Commissioner Kamel Rezag-Bara;
Commissioner Musa Ngary Bitaye;
Commissioner Reine Alapini-Gansou;
Commissioner Mumba Malila;
Commissioner Angela Melo;
Commissioner Sanji Mmasenono Monageng;
Commissioner Bahame Tom Mukirya Nyanduga; and
Commissioner Faith Pansy Tlakula.
6.
In conformity with Article 39 of the African Charter on Human and Peoples’ Rights
and Rule 16 of the Rules of Procedure of the African Commission, the following
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Members of the African Commission, newly-elected by the Assembly of Heads of State
and Government, took their oath of office:
•
•
•
•
Commissioner Reine Alapini-Gansou;
Commissioner Musa Ngary Bitaye;
Commissioner Mumba Malila; and
Commissioner Faith Pansy Tlakula.
Re –election of the Bureau
7.
In accordance with Article 42 of the African Charter on Human and Peoples’
Rights and with Rules 17 and 70 of the Rules of Procedure of the African Commission,
Commissioners Salamata Sawadogo and Yasir Sid Ahmed El Hassan were re-elected
Chairperson and Vice-Chairperson respectively.
Appointments of Special Rapporteurs and Members of
Working Groups
8.
During the 38th Ordinary Session, the following appointments were also made-:
Special Rapporteurs
•
•
•
•
Commissioner Faith Pansy Tlakula - The Special Rapporteur on Freedom
of Expression in Africa;
Commissioner Mumba Malila - The Special Rapporteur on Prisons and
Conditions of Detention in Africa; and
Commissioner Reine Alapini-Gansou - The Special Rapporteur on Human
Rights Defenders in Africa.
In addition, the mandate of Commissioner Angela Melo, the Special
Rapporteur on the Rights of Women in Africa, was renewed.
Members of Working Groups
•
•
•
•
Working Group on Indigenous Populations/Communities in Africa:
Commissioners Rezag Bara (Chair), Musa Bitaye; and Marianne Jensen,
Naomi Kipuri, Mohammed Khattali and Zephyrin Kalimba;
Working Group on Death Penalty: Commissioners Yassir Sid Ahmed El
Hassan (Chair) and Bahame Tom Nyanduga; and 5 Experts to be
nominated later;
Working Group on Specific Issues Relevant to the Work of the African
Commission on Human and Peoples’ Rights: Commissioners Angela Melo,
Abdellahi Babana and Pansy Tlakula; and Open Society Initiative,
INTERIGHTS and African Institute for Human Rights and Development.
Commissioner Mumba Malila was appointed to sit on the Follow- Up
Committee on the Robben Island Guidelines.
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Attendance
9.
Delegates of the following twenty-three (23) Member States attended and made
statements: Algeria, Burkina Faso, Burundi, Cameroon, Central African Republic,
Democratic Republic of Congo, Cote d’Ivoire, Egypt, Eritrea, Ethiopia, Gambia, Guinea
Bissau, Libya, Mali, Mauritania, Mozambique, Nigeria, Senegal, Republic of South
Africa, Sierra Leone, Sudan, Tunisia and Zimbabwe.
10.
A representative of the AU Commission attended the session.
11.
Representatives of the Office of the High Commissioner for Human Rights, Office
of the High Commissioner for Refugees, UN Permanent Forum on Indigenous Issues
and the Organisation Internationale de la Francophonie (OIF) were also present.
EX.CL/236 (VIII)
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Submission by States Parties of Initial and Periodic Reports
12.
It is to be recalled that all the Member States of the African Union are States
Parties to the African Charter on Human and Peoples'Rights. Under Article 62 of the
African Charter on Human and Peoples’ Rights, every State Party undertakes to present
every two years, starting from the date of entry of the African Charter, a report on the
legislative and other measures taken to give effect to the rights and freedoms
recognised and guaranteed by the said Charter.
13.
The status of presentation by State Parties of their initial and periodic reports is
as follows:
A.
There are 18 States which have not submitted any reports:
1. Botswana
2. Central African Republic
3. Comoros
4. Cote d’Ivoire
5. Djibouti
6. Equatorial Guinea
7. Eritrea
8. Ethiopia
9. Gabon
10. Guinea Bissau
11. Kenya
12. Liberia
13. Madagascar
14. Malawi
15. Sao Tome and Principe
16. Sierra Leone
17. Somalia
18. Zambia
B. There are 17 States which have submitted one report but owe more:
1. Angola
2. Burundi
3. Cameroon
4. Cape Verde
5. Chad
6. Congo (Brazzaville)
7. Congo (DRC)
8. Guinea (Rep)
9. Lesotho
10. Mali
11. Mauritius
12. Mozambique
13. Nigeria
14. Saharawi Arab Democratic
Republic
15. Swaziland
16. Tanzania
17. Uganda
C. There are 9 States which have submitted two or more reports but owe more:
1. Algeria
2. Benin
3. Gambia
4. Ghana
5. Libya
6. Namibia
7. Togo
8. Tunisia
9. Zimbabwe
D. There is one state which has submitted its report but has not yet presented it.
1. Seychelles
EX.CL/236 (VIII)
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E.
There are 8 States which have submitted and presented all their reports
and are, therefore, up to date:
1. Burkina Faso
2. Egypt
3. Mauritania
4. Niger
5. Rwanda
6. Senegal
7. South Africa
8. Sudan
14.
The African Commission continues to urge Member States that have not yet done
so, to submit their initial and periodic reports. Member States are also reminded that
they can combine all the overdue reports into a single report for submission to the
African Commission.
15.
During its 38th Ordinary Session, the African Commission examined the periodic
report of the Republic of South Africa and adopted Concluding Observations thereto.
The African Commission was satisfied with the discussions that it held with the
delegation from the Republic of South Africa.
16.
The Republic of Seychelles had been scheduled to present its Initial Report
during the 38th Ordinary Session of the African Commission. However, the African
Commission was not able to examine the said report as there was no delegate from the
Republic of Seychelles to present it.
17.
The African Commission decided to remind Seychelles to send its
representatives to present its Initial Report at the 39th Ordinary Session. Seychelles was
also informed that if no State Delegate is present at the 39th Ordinary Session, the
Report would be examined in Seychelles’ absence.
Distribution of States Parties Among Members of the African Commission
18.
During the session, Members of the African Commission agreed on the
distribution of States Parties among themselves, for purposes of undertaking
promotional activities. This is contained in annex two (2) of the present report.
Adoption of Reports on Missions
19.
During the session, the African Commission adopted the following Reports:a.
Reports of Promotional Missions to Central African Republic, Mauritania,
Sao Tomé and Principé, Guinea Bissau, Seychelles and Botswana;
b.
Report of the Fact-finding Mission to the Democratic Arab Republic of
Saharawi on the issue of African migrants to Europe;
EX.CL/236 (VIII)
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c.
Reports of the Missions of the Special Rapporteur on the Rights of Women
in Africa to Djibouti and Sudan;
d.
Interim Report of the Fact-finding Mission of the Special Rapporteur on
Refugees, Asylum Seekers and Internally Displaced Persons in Africa to
Senegal; and
e.
Reports of the Missions of the Working Group on Indigenous
Populations/Communities to Botswana and Namibia.
f.
Reports of the 35th, 36th, 37th and 38th Ordinary Sessions.
Organization of Seminars
20.
The African Commission decided that funds permitting, it would organise
seminars on the following topics in the course of 2006 -:
•
•
•
•
Terrorism and Human Rights in Africa;
Islam and Human Rights;
Contemporary Forms of Slavery; and
Refugees and Internally Displaced Persons in Africa.
21.
At its 38th Ordinary Session, the African Commission adopted the following
seventeen (17) resolutions -:
•
•
•
•
•
•
•
•
•
Resolution on the Renewal of the Term of the Special Rapporteur on the
Rights of Women in Africa;
Resolution on the Composition and Operationalisation of the Working
Group on the Death Penalty;
Resolution on the Renewal of the Mandate and the Composition of the
Working Group on Specific Issues Relevant to the Work of the African
Commission on Human and Peoples’ Rights;
Resolution on the Composition and Extension of the Mandate of the
Working Group on Indigenous Populations/Communities in Africa;
Resolution on the Nomination of a Special Rapporteur on Prisons and
Conditions of Detention in Africa;
Resolution on the Nomination of a Special Rapporteur on Human Rights
Defenders in Africa;
Resolution on the Nomination of a Special Rapporteur on Freedom of
Expression in Africa;
Resolution on the Status of Women in Africa and the Entry into Force of
the Protocol to the African Charter on Human and Peoples’ Rights on the
Rights of Women in Africa;
Resolution relating to the Operationalisation of an Independent and
Effective African Court on Human and Peoples’ Rights;
EX.CL/236 (VIII)
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•
•
•
Resolution on Ending Impunity in Africa and on the Domestication and
Implementation of the Rome Statute of the International Criminal Court;
Resolution on the Protection of Human Rights and the Rule of Law while
countering Terrorism;
Resolution on the Situation in the Democratic Republic of Congo;
22.
The full texts of the Resolutions on the status of women in Africa; the
operationalisation of the African Court Human and Peoples'Rights; ending impunity in
Africa and the domestication and implementation of the statute of the international
criminal court; the protection of human rights and the rule of law, while countering
terrorism; the situation in the Democratic Republic of Congo, are all attached to the
present report as annex three (3).
23.
During the session, the African Commission discussed its cooperation with
national human rights institutions and non- governmental organisations. The African
Commission appealed to States Parties that had not yet done so, to establish national
human rights institutions and strengthen the capacities of existing ones, in compliance
with the Paris Principles and its own resolution on these institutions.
24.
During the 38th Ordinary Session, the African Commission granted Observer
Status to the following twelve (12) Non-Governmental Organisations -:
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•
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•
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•
•
•
•
Association des Femmes Chefs de Famille (Mauritania);
Community Law Centre (South Africa);
Mbororo Social and Cultural Development Association (Cameroon);
Civic Aid International Organisation (CIAO) (United Kingdom and the
Sudan);
Association Burkinabè pour la Survie de l’Enfance (ABSE) (Burkina Faso);
Association Congolaise de lutte contre les Violences à l’Egard des
Femmes et Filles (ACOLF) (Congo Brazzaville);
Kataliko Action for Africa/Kataliko Action pour l’Afrique (Democratic
Republic of Congo);
Franciscans International (Switzerland);
Access to Justice (Nigeria);
Association for the Reconstruction and Development of the Mokooh
Peoples of Cameroon (Cameroon);
Global Network for Good Governance (Cameroon); and
Sudan Organisation Against Torture (SOAT) (Sudan and the United
Kingdom).
25.
This brings the total number of non-governmental organizations that have
observer status with the African Commission to three hundred and forty -two (342).
SECTION III
Promotional Activities
EX.CL/236 (VIII)
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Inter-Sessional Promotional Activities of the Chairperson and the Members of
the African Commission
26.
As members of the Bureau of the African Commission, the Chairperson,
Commissioner Salamata Sawadogo, and the Vice Chairperson, Commissioner El
Hassan, worked to oversee the functioning of the African Commission during the
intersession. The Chairperson, Commissioner Sawadogo, addressed several urgent
appeals to a number of African Heads of State on various human rights matters.
27.
Due mainly to the unavailability of funds, Members of the African Commission
were unable to undertake promotional missions to Member States during the period
under review. However, they were generally able to undertake other promotional
activities, including participating in workshops and seminars at the invitation of partners
of the African Commission.
28.
From 18th to 22nd July, 2005, the Chairperson of the African Commission
participated in the 4th Cycle on the Prohibition and Prevention of Torture in Africa,
organized by FIACAT in collaboration with its partners in Ouagadougou, Burkina Faso.
She made a presentation on ‘Activities undertaken by the African Commission for the
Prohibition and the Prevention of Torture, Cruel, Inhuman or Degrading Punishment and
Treatment in Africa’. From 29th September to 1st October 2005, at the invitation of the
Organisation Internationale de la Francophonie, (OIF), she participated in the ‘Meeting
on the Constitutional and Political Practices in Africa; the Recent Dynamics.’ The
meeting brought together representatives from the Commission of the African Union,
OIF, experts, political activists, university students, participants from human rights
institutions of Francophone and Portuguese- speaking countries.
29.
For his part, the Vice Chairperson conducted consultations with the Special
Rapporteur on the Rights of Women in Africa, Commissioner Melo, regarding her efforts
in ensuring the quick ratification of the Protocol on the Rights of Women in Africa within
Member States that have Islam as a dominant religion. This was done in his capacity
as an expert on some issues relating to Sharia. On the 13th of July, 2005, he
participated in a Panel Discussion organized in Khartoum, The Sudan, by the Geneva
Institute for Human Rights and Civic Aid International Organization, in collaboration with
the Sudanese Newspaper Al-Sahaffa. The theme of the panel discussion was ‘The
Regional Mechanisms for the Protection of Human and Peoples’ Rights’. Between 18th
and 22nd July 2005, with the collaboration of the government of Mauritania, the Office of
the UNDP in Nouakchott, and with assistance from the Secretariat of the African
Commission, he designed and conducted a training course on human rights in
Nouakchott, Mauritania, for about 30 high-ranking law enforcement officials and security
officers, judges, university professors and members of the NGO community.
Commissioners Rezag-Bara and Babana of the African Commission also participated in
the training course as resource persons.
30.
On 28th July 2005, Commissioner El Hassan participated in a conference in the
Sudan where he made a presentation on the ‘Functioning of the International Human
EX.CL/236 (VIII)
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Rights System, including the African System’. The Conference was attended by about
20 Sudanese human rights activists. From 29th to 31st of August, 2005, he participated
in a workshop organized in Khartoum, the Sudan, by the Max Planck Institute for
International and Comparative law (Germany) in collaboration with the Ministry of
Justice; while from the 5th to 11th September 2005, as one of the experts representing
the Sudan, he participated in the 3rd Technical Thematic Task Force Meeting (TTTF)
held in Nairobi, Kenya. This was sponsored by the United Nations and the African
Union Joint Secretariat of the International Conference on the Great Lakes Region. The
meeting was attended by experts from a number of African countries, as well as experts
from the UN and the African Union Joint Secretariat, UNDP, OHCHR, OCHA, ECA.
Participants from the Group of Friends, other United Nations Agencies and Specialized
Institutions, and the Special Representative of the Secretary General of the UN to the
Great Lakes Region, were also in attendance. While in London to attend the second
meeting of the Working Group on Economic, Social and Cultural Rights, held in London
in October, 2005, Commissioner El Hassan had meetings with NGOs that have observer
status with the African Commission.
31.
For his part also, Commissioner Rezag-Bara participated as a resource person in
the above-mentioned training course on human rights organized in Nouakchott,
Mauritania, in collaboration with the Government of Mauritania and the Office of the
UNDP in Nouakchott. From 28th October to 3rd November, 2005, he also undertook a
Fact-finding Mission to the Liberated Territories of the Saharawi Arab Democratic
Republic, in order to assess the situation regarding more than 100 Sub-Saharan
migrants who had been expelled by the Moroccan authorities.
The report of that
mission was submitted for consideration and subsequently adopted by the African
Commission during its 38th Ordinary Session. (see paragraph 18 above). On 8th
November, 2005, he held a meeting with the Minister for Foreign Affairs of Algeria and
former President of the International Court of Justice, Judge Mohammed Bedjaoui.
Judge Bedjaoui has been entrusted with the task of chairing the meeting of government
experts for drafting the instrument on the merger of the African Court of Justice and the
African Court on Human and Peoples Rights. From 19th to 20th November, 2005,
Commissioner Rezag-Bara participated as a resource person in the workshop of the
NGO Forum which preceded the 38th Ordinary Session of the African Commission.
32.
For his part, Commissioner Nyanduga participated in an international conference
in Dakar, Senegal, organized jointly by the Council for the Development of Social
Research in Africa (CODESRIA), and the Globalization Studies Network (GSN), a
network of research institutions and universities from all over the world. The theme of
the Conference was ‘Globalization: Overcoming Exclusion, Strengthening Inclusion’. He
participated in the panel discussion on the human rights implications of globalization.
Between 5th and 10th September, 2005, the Commissioner took part in the proceedings
of the African Human Rights Moot Court Competition and the International Conference
on Human Rights at the University of Johannesburg, South Africa. The 2005 African
Human Rights Moot Court Competition was organized by the Centre for Human Rights
of the University of Pretoria and brought together members of faculties of law and
students from universities across Africa. The moot court competition simulates the
African Court on Human and Peoples’ Rights.
EX.CL/236 (VIII)
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33.
In September 2005, he assisted the Legal and Human Rights Centre in providing
advice to several Tanzanian NGOs in respect of the process of applying for observer
status before the African Commission. On 10th October, 2005, he participated in a
workshop which was part of the global campaign to abolish the death penalty. The
workshop was organized by the Legal and Human Rights Centre, a Tanzanian NGO that
has observer status with the African Commission. The workshop discussed in detail, the
legal position on the question of the death penalty in Tanzania as well as the political
and institutional failures in the administration of the criminal justice system, as
highlighted by an October, 2004 FIDH Fact-Finding mission to Tanzania. 34. On 20th
October, 2005, he attended a conference in Accra, Ghana, organized by Africa Legal
Aid, under the theme ‘Emerging Trends in Human Rights Issues of Special Significance
to Africa.’ The conference was organized on the occasion of the 10th Anniversary of
Africa Legal Aid, and the commemoration of Africa Human Rights Day, on 21st October
2005.
On 19th November 2005, he attended the NGO Forum preceding the 38th
Ordinary Session of the African Commission and participated in group discussions on
the situation of refugees and Internally Displaced Persons in Africa.
34.
For her part, Commissioner Monageng was unable to undertake a promotional
mission to Zimbabwe because, prior to travelling, she was informed that the
Government of Zimbabwe had withdrawn the authorization for the mission. On 16th to
7th October, 2005, at the invitation of the Centre for Human Rights in Botswana
(DITSHWANELO), Commissioner Monageng participated in a seminar on the Death
Penalty which took place in Gaborone, Botswana. From 14th to 15th September, 2005,
she attended a seminar on Documenting Human Rights Violations, at the invitation of
the Centre for Ethics and Law at Brandeis University in Boston, USA. She also
presented a paper on how the African Commission documents human rights violations,
and gave lectures at the University of Boston, Brandeis University and various human
rights institutions.
Inter-sessional Activities of the Special Mechanisms
35.
As the Special Rapporteur on the Rights of Women in Africa, Commissioner Melo
lobbied and advocated for the speedy ratification of the Protocol on the rights of women
in Africa by Member States. She widely disseminated the Protocol as well as a
simplified version of it; and she drafted a section on the promotion and protection of
women’s rights, for inclusion in the Guidelines provided to states on State Reporting.
Further, she undertook a mission to Cape Verde. During the period, she commenced
work on the development of a Directory of partners working in the field of human rights
of women; as well as on the development of a project geared towards lobbying Muslim
States to lift their reservations on the Protocol.
36.
As the Special Rapporteur on Refugees, Asylum Seekers and Internally
Displaced Persons, Commissioner Nyanduga participated in the Humanitarian and
Security Assessment Mission to the Darfur Region of Sudan from 2nd to 4th June, 2005,
at the invitation of the African Union. The main objective of the mission was to make an
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assessment of the humanitarian and security situation in the Darfur region, following the
deployment of the African Union Military Observer Force there.
37.
Following the launch of operation Murambatsvina in Zimbabwe on 24th June,
2005, he wrote an urgent appeal to the Government of Zimbabwe, through the Minister
of Foreign Affairs, Hon. Mumbengengwi of Zimbabwe and the Minister of Justice, Legal
and Parliamentary Affairs, Hon. Patrick Chinamasa, requesting the Government
Zimbabwe “ . . . to halt the eviction and demolition exercise, and assist the victims of the
operation, by providing them with humanitarian assistance in the form of temporary
shelter, accommodation, water, food, medicines and other forms of assistance, while
looking for an amicable solution to the illegal settlements and squatter problem in a
manner that upholds the dignity of the individuals and the families, which have become
victims of the . . . operations,”
38.
In respect of Operation Murambatsvina, he was requested by the Commission of
the African Union to undertake a Fact-finding Mission to Zimbabwe between 30th June
and 4th July 2005. The Special Rapporteur travelled to Zimbabwe on 30th June, 2005.
Negotiations were conducted to enable the Special Rapporteur carry on with the Mission
but they proved unsuccessful; and on 6th July, 2005, the Ministry of Foreign Affairs of the
Republic of Zimbabwe requested the Special Rapporteur to leave Harare.
39.
From 16th to 17th August, 2005, he attended a meeting of the Steering Group,
established by the Representative of the UN Secretary General on Human Rights of
IDPs. The Steering Group comprises among others, representatives of the UNHCR,
OCHA, ICRC, the Brooking Institute-Bern University IDP Project and other international
experts on IDP issues. The Steering Group is developing a manual for use by
legislators and governments. From 16th to 17th November, 2005, he attended the second
meeting of the Steering Group on the Legislators’ Manual on internally displaced
persons in Geneva, Switzerland.
40.
From 24th to 26th August, 2005, he participated in a Regional Seminar on Internal
Displacement in the SADC region, held in Gaborone, Botswana. The seminar was
jointly organized by the UNHCR, the Representative of the Secretary General of the UN
on the Human Rights of IDPs, and the Brookings Institution-Bern University IDP Project
and hosted by the Government of Botswana. It brought together government officials
responsible for refugees and IDP issues from SADC Member States, the Humanitarian
and Refugee Coordination Department within the Commission of the African Union and
NGOs dealing with IDP issues.
41.
From 29th August to 3rd September, 2005, he undertook a Fact-finding mission to
Senegal to investigate the situation of Mauritanian refugees in Senegal. The mission to
Senegal was part of a process being undertaken by the Special Rapporteur, which will
also involve undertaking missions to Mali and Mauritania in the course of 2006. This is
with a purpose to facilitating a durable solution to the Mauritanian refugee problem. A
report of the mission was presented before the African Commission and adopted during
the 38th Ordinary Session. (see paragraph 18 above)
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42.
The Working Group on Economic, Social and Cultural Rights in Africa held
two meetings, from 4th to 5th August 2005, in Pretoria, South Africa and from 6th to 7th
October 2005, in London. During these meetings, the Working Group discussed the
draft Guidelines on the Implementation of Economic, Social and Cultural Rights in
Africa.
43.
The Working Group on Indigenous Populations/ Communities in Africa
undertook a mission to the Republic of Botswana from 15th to 23rd June, 2005. The
Working Group met government officials and civil society organizations, academic
institutions and indigenous communities. It also undertook a mission to the Republic of
Namibia from 26th July to 5th August, 2005. The Working Group held meetings with
government officials, civil society organizations and indigenous communities. In August
and September, 2005, it undertook information/research visits to Libya and the
Democratic Republic of Congo, respectively. The Working Group also held a
Coordination Meeting from 18th to 20th November, 2005, in Banjul, The Gambia. It
distributed the Report of the Working Group to governments, NGOs, and international
institutions including the UN and the ILO, and academics, across Africa, Europe and the
USA.
44.
The Working Group on the Death Penalty in Africa held its first meeting on
th
20 November, 2005, in Banjul, The Gambia. The Working Group had agreed to hold at
least two meetings during the intersession; but owing to resource constraints, it was only
able to hold that one -day meeting, with financial assistance from Federation
Internationale des Droits de l’Homme (FIDH)
Among other issues, the meeting
discussed a draft position paper on the death penalty; and agreed on the need to involve
the public in debating the matter.
45.
The Working Group on Specific Issues Relevant to the Work of the African
Commission held two meetings between July and November, 2005. During these
meetings, the Working Group considered and reviewed the rules of procedure of the
African Commission, and proposed major changes in that regard. Additionally, the
Working Group considered the role of the African Commission in all the African Union
structures; and in this regard, the Members of the Working Group met and held
discussions with senior officials of various departments of the Commission of the African
Union.
46.
The Working Group on the Implementation of the Robben Island Guidelines
was unable to undertake any activities during the intersession, due mainly to lack of
funds. It is to be noted that all the activities that the Working Group has undertaken so
far have been funded by a member of that Working Group, namely the Association For
The Prevention of Torture (APT). However, the APT is unable to continue giving this
assistance because of the difficulties it is itself encountering.
Other Promotional Activities
47.
In keeping with its Strategic Plan of 2002 to 2006, the African Commission had
decided to organise several seminars and conferences as part of its promotional
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activities. However, during the period under review, the Commission was unable to
organise any seminars or conferences, mainly because of lack of funding.
SECTION IV
Protection Activities
48.
During the 38th Ordinary Session, the African Commission considered fifty-four
(54) Communications, including thirteen (13) decisions on seizure and four (4) decisions
on admissibility. It further considered and decided to remove two (2) Communications
from its list of Communications. The reference numbers and the names of the parties of
the Communications, are attached to the present report as annex four (4). For various
reasons, the rest of the Communications were deferred to the 39th Ordinary Session for
further consideration.
SECTION V
Entry Into Force of the Protocol to the African Charter on the Rights of Women in
Africa
49.
It would be recalled that the Protocol to the African Charter on the Rights of
Women in Africa was adopted by the 2nd Ordinary Session of the Conference of Heads
of State and Government of the African Union on 11th July, 2003, in Maputo,
Mozambique.
50.
On 25th November, 2005, the Protocol to the African Charter on the Rights of
Women in Africa entered into force, thirty (30) days after the deposit of fifteen (15)
instruments of ratification. The African Commission, in collaboration with the African
Centre on Democracy and Human Rights Studies, and with support from Action-Aid –
The Gambia, held celebrations to mark the entry into force of the Protocol. The
occasion was marked with statements and sharing of experiences. In attendance were
Members of the African Commission, the Attorney General and Secretary of State of the
Republic of The Gambia, Hon. Sheik Tijan Hydara, members of the diplomatic corps
accredited to the Gambia, representatives of local NGOs and participants attending the
38th Ordinary Session.
51.
To date, sixteen (16) Member States have deposited their instruments of
ratification. They are the following:
1. Benin
2. Cape Verde
3. Comoros
4. Djibouti
5. Gambia
6. Libya
7. Lesotho
8. Mali
9. Malawi
10. Mauritania
11. Namibia
12. Nigeria
13. Rwanda
14. South Africa
15. Senegal
16. Togo
EX.CL/236 (VIII)
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52.
The African Commission invites those Member States that have not yet done so,
to ratify the said Protocol as soon as possible.
SECTION VI
Administrative And Financial Matters
53.
Under Article 41 of the African Charter, the Commission of the African Union is
responsible for meeting the costs of the African Commission’s operations, including the
provision of staff, financial resources and services. However, the work of the Secretariat
of the African Commission continues to be severely compromised due to lack of funding.
Even for its staffing requirements, the African Commission continues to depend more on
extra-budgetary resources than on the AU for funding. These extra-budgetary
resources, notwithstanding, the staffing situation still remains inadequate, given the
increasing workload of the African Commission.
There is the urgent need to recruit
more staff of all categories to ensure the smooth running of the Commission. It is to be
noted also, as already indicated in paragraph 27 above, that regarding the discharge of
its mandate, under article 45 of the African Charter, the African Commission was unable
to carry out several promotional and protection missions to Member States during the
period under review, due to lack of funding.
54.
In order to supplement the limited resources allocated to it by the African Union,
the African Commission continues to seek financial and material assistance from
external partners.
55.
During the period under review, the African Commission benefited from such
financial and material support from the following partners -:
a) Danish Human Rights Institute
56.
The Secretariat of the African Commission received extra-budgetary resources
from the Danish Human Rights Institute (former Danish Human Rights Centre) to finance
the post of a Policy Phasing and Resource Mobilisation Officer, as well as research
activities.
b) Government of the Netherlands
57.
The Ministry of Foreign Affairs of the Netherlands continued to support posts in
the documentation centre, the public relations section and the legal section of the
Secretariat of the African Commission. This project comes to an end on 31st December
2005 and the Government of the Netherlands has indicated that it will not renew it.
c) Rights and Democracy
58.
The Canadian NGO--Rights and Democracy-made a subvention to the African
Commission for the following specific activities -:
EX.CL/236 (VIII)
Page 15
•
•
•
•
Campaign for the Ratification of the Protocol to the African Charter dealing
with the creation of an African Court of Human and Peoples Rights;
Ratification of the Protocol to the African Charter dealing with Women’s
Rights in Africa;
Meeting on democracy and elections in Africa; and
The services of an Assistant to the Special Rapporteur on Women’s Rights
in Africa.
d) Danish International Development Agency (DANIDA)
59.
DANIDA continues to support activities of the Working Group on Indigenous
Populations/Communities. This support will continue until 2007.
e) The Office of the UN High Commissioner for Human Rights (OHCHR)
60.
The OHCHR continues to finance the activities of the Special Rapporteur on
Human Rights Defenders in Africa.
61.
The African Commission expresses its profound gratitude to all donors and
partners, whose financial, material and other contributions have enabled it to discharge
its mandate during the period under review.
SECTION VII
Adoption Of The Nineteenth Activity Report
62.
The African Commission submits the present Nineteenth Activity Report to the
Executive Council for its consideration and transmission to the 6th Ordinary Session of
the Assembly of the African Union, meeting in Khartoum in January, 2006. This is with
a view to enabling the Assembly to adopt it and authorize its publication.