AFRICAN UNION
UNION AFRICAINE
UNIÃO AFRICANA
Commission Africaine des Droits de l’Homme
et des Peuples
African Commission on Human
& Peoples’ Rights
Plot 48, Kairaba Avenue, P. O. Box 673, Banjul, The Gambia Tel: (220) 4392 962/4372070; Fax: (220) 4390 764 E-mail: achpr@achpr.org; Web www.achpr.org
FINAL COMMUNIQUE OF
THE 39th ORDINARY SESSION OF
THE AFRICAN COMMISSION ON HUMAN AND PEOPLES’ RIGHTS
HELD IN BANJUL, THE GAMBIA,
FROM 11th to 25th MAY 2006
___________________________
1. The African Commission on Human and Peoples’ Rights (African
Commission), held its 39th Ordinary Session in Banjul, Republic of The
Gambia, from 11th to 25th May 2006, chaired by the Chairperson of the
African Commission, Commissioner Salamata Sawadogo.
2. The following Members participated at the Session:
•
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.
3. As is customary, Non-Governmental Organisations (NGOs) met prior to
the 39th Ordinary Session of the African Commission from the 6th to 8th
May 2006, in order to contribute to the deliberations of the said Session.
4. From 7th to 8th May 2006, the African Commission held a two day
Preparatory Meeting during which they discussed their contributions
Page 2 of 8
towards the Brainstorming Meeting on the African Commission organised
by the African Union and held from 9th to 10th May 2006 in Banjul, The
Gambia. The Brainstorming Meeting discussed the functioning of the
African Commission and its relationship with the Organs of the African
Union and its cooperating partners and came up with recommendations
that were addressed to various stakeholders.
5. The 2nd African Union Conference of National Human Rights Institutions
was held along with the Ordinary Session of the African Commission
from the 12th to 14th May 2006, in Banjul, The Gambia. The Conference
was organised in collaboration with the Office of the United Nations High
Commissioner for Human Rights (OHCHR) and the Coordinating
Committee of National Human Rights Institutions. Members of the
African Commission participated in this Conference.
6. In her welcoming statement, the Chairperson of the African Commission,
Mrs. Salamata Sawadogo, expressed, on behalf of the Members of the
African Commission, and on her own behalf, her profound gratitude to
the Government of The Gambia for once again hosting the Ordinary
Session of the African Commission and welcomed the participants to the
39th ordinary session of the African Commission. She reported that since
the conclusion of its 38th Ordinary Session, the African Commission
continued to implement its mandate but noted with regret that not all
the activities earmarked to be carried out during the intersession were
undertaken. The Chairperson welcomed the election of the judges of the
African Court on Human and Peoples’ Rights and noted that the African
Commission is waiting to see the inauguration of this important
institution which will complement the work of the African Commission.
Making reference to the situation in Cote d’Ivoire, the Chairperson of the
African Commission noted the progress being made in the electoral
process in the country and expressed the hope that the elections
scheduled for 30th October 2006 would usher in a democratic
government freely chosen by the people. Regarding the situation in
Page 3 of 8
Darfur, Sudan, the Chairperson of the African Commission expressed
continued concern about the state of human rights in the region and
deplored the fact that internally displaced persons (IDPs) and refugees
continue to bear the brunt of the conflict. She indicated that the arrest of
Charles Taylor constituted an important step by the international
community in the fight against impunity irrespective of the status of the
individual. The Chairperson of the African Commission called on the
support and assistance of all to enable the African Commission discharge
its mandate.
7. The Minister of State for Justice, Human Rights and Good Governance
and Special Adviser to the President of the Central African Republic,
Honourable Henry Maidou, delivered a statement on behalf of the State
Parties present at the 39th Ordinary Session. After having expressed his
gratitude to the people and Government of The Gambia, the Honourable
Minister reminded the participants, that the African Charter on Human
and Peoples’ Rights places responsibility on States Parties to ensure the
promotion and protection of human rights on the continent. However,
the protection of human rights in Africa can only be realised with the
participation of all, including Member States, international partners,
National Human Rights Institutions and NGOs. The Honourable Minister
stated that the Sessions of the African Commission provide all those who
fight for the cause of human rights with an opportunity to engage in
frank and constructive dialogue. The Honourable Minister reminded the
African Commission that in order for it to discharge its mandate with
success, it is crucial that it cooperates with Member States, who would
be encouraged to facilitate and support the African Commission’s work.
He urged the African Commission to continue discharging its mandate
resolutely and with objectivity.
8. The Director of the Department of Political Affairs at the Commission of
the African Union, Ambassador Emile Ognimba delivered a statement on
behalf of the Chairperson of the Commission of the African Union, H.E
Page 4 of 8
Alpha Konare who expressed his appreciation to the African Commission
for its work in the promotion and protection of human rights on the
continent. The Director conveyed the apologies of Mrs Julia Dolly Joiner,
Commissioner for Political Affairs at the African Union, who was unable
to attend the Opening Ceremony of the Ordinary Session but who
remained firmly committed to the promotion and protection of human
rights in Africa. Ambassador Ognimba indicated that the 39th Ordinary
Session was being held after a brainstorming meeting on the future of
the
African
Commission
and
noted
that
the
outcome
of
that
brainstorming would help set a roadmap for the reinforcement of its work
with a view to enhancing the human rights situation on the continent.
He urged all participants to utilise the forthcoming 7th Assembly of Heads
of State and Government to celebrate the 25th anniversary of the
adoption of the African Charter on Human and Peoples’ Rights.
9. On behalf of the National Human Rights Institutions in Africa, the
Chairperson
of
the
Coordinating
Committee
of
African
National
Institutions (Coordinating Committee), Mr Bukhari Bello stated that the
Coordinating Committee has continued to carry out its mandate. He
reported on the activities that it had undertaken in this respect. Mr Bello
informed the participants that following a meeting of the Coordinating
Committee on 11th April 2006 in Geneva, it was decided that its
Secretariat would be located in Nairobi, Kenya. While condemning those
who carry out coups d’etat in Africa, he noted that another form of coup
d’etat is where incumbent leaders seek to change their constitutions so
as to remain in government and called on civil society and the African
Commission to condemn such ‘coups on the people’. Mr Bello welcomed
the holding of the brainstorming on the African Commission and hoped
that
the
recommendations
emerging
there-from
would
be
fully
implemented by the concerned parties.
10.
The Executive Director of the African Centre on Democracy and
Human Rights Studies, Mrs Hannah Forster, made a statement on behalf
of NGOs present at the 39th Ordinary Session of the African Commission
Page 5 of 8
and made reference to the NGO Forum which was held prior to the 39th
Ordinary Session to discuss the situation of human rights on the
continent. She noted that although there have been some rapid changes
over the past twenty five years in the field of the promotion and
protection of human rights, Africa still experiences a lot of human rights
abuses and called on Member States to ensure better protection of
human rights in their territories. She welcomed the arrest of Charles
Taylor and further called for the extradition of Felices Kabuga to Arusha,
Tanzania to stand trial for his part in the Rwanda genocide. Mrs Forster
commended the African Union for its initiative in establishing the Nelson
Mandela Human Rights Award for human rights defenders in Africa.
11.
In his opening address the Honourable Attorney General and
Secretary of State for Justice of the Republic of The Gambia, Honourable
Sheikh Tijan Hydara welcomed all the participants to the 39th Ordinary
Session. He indicated that the 39th Ordinary Session is being held at a
time when The Gambia was preparing to host the 7th African Union
Summit from 25th June – 2nd July 2006. He informed the participants
that the Government of The Gambia has embarked on a serious
campaign of human development and the eradication of poverty and that
adequate institutions and mechanisms had been put in place through
which people could address and/or channel their grievances. He
therefore, deplored the use of unconstitutional means of getting into
power. Honourable Hydara noted that 2006 will be remembered as one of
the most significant years in the history of the African human rights
protection system, noting that 27th June 2006 will mark the 25th
Anniversary of the adoption of the African Charter on Human and
Peoples rights and 21st October 2006 will mark the 20th Anniversary of
the entry into force of the Charter. He stated that it was important for the
African Commission to undertake a self-evaluation to establish what
contribution it had made on the continent thus far. Honourable Hydara
deplored the poor financial situation of the African Commission and
warned that dependence by the African Commission on donor funding
Page 6 of 8
may bring into question its credibility and independence, but reaffirmed
his government’s readiness to support the independence of the African
Commission, since it is viewed as an indispensable institution in the
realisation of the objectives of the African Union.
12.
During the Session, the African Commission heard statements
relating to the human rights situations in Africa from several Delegates of
State
Parties,
Representatives
of
International
Organisations
and
Intergovernmental Organisations, National Human Rights Institutions
and NGOs.
13.
Thirty two (32) States Parties, Nineteen (19) National Human Rights
Institutions, six (6) International Organisations and Intergovernmental
Organisations and one hundred and twenty eight (128) African and
International NGOs were represented at the 39th Ordinary Session of the
African Commission. Altogether a total of four hundred and nineteen
(419) participants attended the 39th Ordinary Session.
14.
In conformity with Article 62 of the African Charter on Human and
Peoples’ Rights, the Central African Republic presented its Initial Report.
The Republic of Cameroon and the Great Socialist Libyan Arab
Jamahirya presented their Periodic Reports. The African Commission
examined the said State Reports and adopted Concluding Observations
relating thereto. In accordance with its decision taken at the 38th
Ordinary Session, the African Commission considered the Initial Report
of Seychelles in the absence of the State Representatives.
15.
The Chairperson and Members of the African Commission, as well as
the various Special Rapporteurs and Chairpersons of the Working
Groups of the African Commission presented reports of the activities that
they had undertaken during the inter-session.
Page 7 of 8
16.
The African Commission granted Observer Status to the following
seven (7) NGOs -:
-
Prison Fellowship Ethiopia (Ethiopia)
-
Institut Panos de l’Afrique de l’Ouest (Senegal)
-
WITNESS (USA)
-
Foundation for Women’s Health, Research & Development (UK)
-
Citizens for a Better Environment (Zambia)
-
Cameroon Environmental Protection Association (Cameroon)
-
Stop Poverty (Mauritania)
This brings the number of NGOs with Observer Status with the
African Commission to three hundred and forty nine (349).
17.
The African Commission adopted the Report of the Fact-finding
Mission to Togo and the Report of the Mission of the Special Rapporteur
on the Rights of Women in Africa to the Democratic Republic of Congo.
18.
The African Commission reiterated its decision to organise seminars
on the following topics in 2006 -:
19.
•
Terrorism and Human Rights in Africa;
•
Islam and Human Rights;
•
Contemporary Forms of Slavery; and
•
Refugees and Internally Displaced Persons in Africa.
The African Commission adopted the Resolution on the Renewal of the
Term and Extension of the Mandate of the Special Rapporteur on
Refugees, Asylum Seekers and Internally Displaced Persons in Africa –
Commissioner Bahame Tom Mukirya Nyanduga. The mandate was
extended to include the protection of migrants.
20. The African Commission considered fifty nine (59) communications. It
was seized with eight (8) new communications and considered three (3)
communications for review, seventeen (17) on the merits and thirty one
(31) on admissibility.
Page 8 of 8
21. The African Commission considered and took note of the Report of the
Secretary to the African Commission, relating to the financial and
administrative situation of the Secretariat and to the construction of
the headquarters. The African Commission considered its budget for
2007 which was prepared by the Secretariat and submitted proposals
for inclusion therein.
22.
The African Commission adopted its Activity Report which will be
submitted to the 9th Ordinary Session of Executive Council of the African
Union and the 7th Ordinary Session of the Assembly of Heads of State
and Government of the African Union, which is scheduled to take place
between 25th June and 2nd July 2006, in Banjul, The Gambia.
23. The African Commission decided to hold its 40th Ordinary Session from
15th to 29th November 2006 in Banjul, The Gambia.
24. The African Commission expresses its sincere appreciation and
profound gratitude to the Government of The Gambia for the facilities
placed at its disposal and for the warm welcome and hospitality
accorded to the participants, all of which contributed to the excellent
outcome and success of the deliberations of its 39th Ordinary Session.
25. The closing ceremony of the 39th Ordinary Session took place on the
25th May 2006 in Banjul, Republic of The Gambia.
26. The Chairperson of the African Commission will hold a Press
Conference after the closing ceremony.
Done in Banjul, The Gambia, 25th May 2006