AFRICAN UNION
UNION AFRICAINE
UNIÃO AFRICANA
African Commission on Human & Peoples’ Rights
Commission Africaine des Droits de l’Homme & des Peuples
48, Kairaba Avenue, P. O. Box 673, Banjul, The Gambia Tel: (220) 4392 962; Fax: (220) 4390 764 E-mail: achpr@achpr.org; Web
www.achpr.org
FINAL COMMUNIQUE OF THE 43rd ORDINARY SESSION OF THE AFRICAN
COMMISSION ON HUMAN AND PEOPLES’ RIGHTS
HELD IN EZULWINI, THE KINGDOM OF SWAZILAND
FROM 7 TO 22 MAY 2008
____________________________________________
1. The African Commission on Human and Peoples’ Rights (African
Commission), held its 43rd Ordinary Session (the session) in Ezulwini, The
Kingdom of Swaziland, from 7 to 22 May 2008.
2. Honourable
Commissioner
Justice
Sanji
Mmasenono
Monageng,
Chairperson of the African Commission, chaired the deliberations.
3. The following Members attended and participated in the session.
Commissioner Angela Melo – Vice Chairperson;
Commissioner Catherine Dupe Atoki;
Commissioner Musa Ngary Bitaye;
Commissioner Reine Alapini-Gansou;
Commissioner Bahame Tom Mukirya Nyanduga;
Commissioner Soyata Maiga;
Commissioner Mumba Malila;
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Commissioner Kayitesi Zainabo Sylvie;
Commissioner Pansy Tlakula;
Commissioner Yeung Kam John Yeung Sik Yuen.
4. A total of Four hundred and forty nine (449) participants attended the
Session of the African Commission, including four (4) National Human
Rights Institutions, three (3) International and Intergovernmental
Organisations, one hundred (100) African and International NGOs, and
twenty seven (27) States Parties.
5. The Session was preceded by the meetings of the African Commission’s
Working Group on the Death Penalty and that of the Working Group on
Indigenous Populations / Communities, both of which were held in
Manzini, from 4 to 5 May 2008.
6. The Office of the United Nations’ High Commissioner for Human Rights
(OHCHR) also organised a meeting in Ezulwini on 6 May 2008 on the
Modalities of the Elaboration of an African Human Rights Strategy as
envisaged by Resolution A/61/296 of the UN General Assembly Strategy.
7. As is customary, the Session was preceded by the Forum of NonGovernmental Organizations (NGOs), organized by the African Centre for
Democracy and Human Rights Studies, which was held from the 3 to 5
May 2008. The NGO Forum examined the human rights situation in
African countries and expressed concern over the situation of the rights of
women and of human rights defenders on the continent.
8. In her address to the Forum, the Vice-Chairperson of the African
Commission stated that at a time when democracy in Africa is facing
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serious challenges, it is imperative that NGOs and civil society in
collaboration with the African Commission should send a clear message
of a strong commitment to the rights and freedoms guaranteed in the
African Charter, including a society free from violence, especially violence
against women.
9. The Forum also expressed concern regarding the escalating human rights
violations in Zimbabwe in the aftermath of the March 2008 elections and
the plight of refugees, asylum seekers and migrants in South Africa. It also
urged the African Commission to establish new special mechanisms,
including one on poverty eradication and on minority rights in view of the
situation on the continent.
10. The Vice Chairperson of the African Commission, Dr Angela Melo read a
statement on behalf of the African Commission.
11. In her statement, she expressed gratitude to His Excellency Absolom
Themba Dlamini, The Right Honourable Prime Minister of the Kingdom
of Swaziland for agreeing to open the Session. She also thanked His
Majesty, King Mswati III, the Government and People of the Kingdom of
Swaziland for accepting to host this Session.
12. The Vice-Chairperson congratulated His Majesty, King Mswati III on the
occasion of his 40th birthday and the 40th Independence Anniversary of the
Kingdom.
13. The Vice-Chairperson stated that the Kingdom was celebrating forty years
of self rule, as it prepares for election later in the year. In that regard she
underscored the linkage between development, peace, and human rights.
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14. The Vice Chairperson recalled that the last decade of the twentieth
century has been a time of momentous change in all parts of the world.
Africa, in particular, has witnessed unprecedented expansion of
democratic space and major socio economic changes and reforms which
have transformed the political landscape across the continent. She stated
that at the centre of these changes lies the quest for a lasting entrenchment
of, and respect for human rights, as well as the search for the most viable
and effective systems of democratic governance in societies committed to
the respect of the rule of law. She stated that though major strides have
been made, Africans have continued to agitate for the right to determine
how they are governed. She implored Governments across Africa to take
seriously the synergy between democracy, peace, security, development
and human rights if Africa is to achieve prosperity.
15. On the human rights situation in Kenya and Zimbabwe following
Presidential and Legislative Elections in December 2007 and March 2008,
the Vice-Chairperson said that it was a matter of grave concern to the
African Commission that democracy seems to have been undermined. The
African Commission, she said, has a responsibility to defend the rights of
all Africans.
16. After the Vice Chair concluded her statement, His Excellency Absolom
Themba Dlamini was officially invited to open the Session.
17. The Prime Minister, on behalf of His Majesty King Mswati III and the
Queen Mother, the Government and People of Swaziland welcomed the
Members of the African Commission and the participants to The Kingdom
of Swaziland. His Excellency Absolom Themba Dlamini thanked
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Members of the African Commission for choosing the Kingdom of
Swaziland to hold the Session of the African Commission.
18. His Excellency stated that since the transformation of the OAU into the
AU, many changes have taken place in Africa in the area of democracy,
good governance and human rights. He said that there still is room for
improvement, as democratic institutions are still weak, and in some cases
non-existent, and that in certain parts of the continent respect for human
rights and free and fair elections are still not a reality.
19. He reiterated the commitment of the Kingdom of Swaziland to collaborate
with and support the activities of the African Commission in the
promotion and protection of human rights, and stated that the
Government of Swaziland has taken some new measures to ensure the
enjoyment of human rights.
20. His Excellency informed the Commission that Swaziland’s new
Constitution adopted after a lengthy participatory and inclusive process,
contains a Bill of Rights guaranteeing human rights for all citizens and
measures are now being taken for the establishment of a National Human
Rights Commission.
21. Recalling the promotional mission undertaken to the Kingdom of
Swaziland by the African Commission in 2006, His Excellency stated that
the Government will be submitting its comments on the Report of the
African Commission shortly. In that regard he also said that the
Government is finalising its periodic human rights report to the African
Commission.
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22. His Excellency emphasised the need to respect human rights in Africa and
commended the African Commission for the important issues on the
agenda of the Session, which is a reflection of the main human rights
concerns and challenges on the continent.
23. Speaking on behalf of the AU Member States, the Honourable Mathias
Chikawe, Minister for Justice and Constitutional Affairs of the United
Republic of Tanzania, recognised the important role of the African
Commission’s Sessions which he likened to a mirror through which Africa
sees itself, while evaluating its achievements and challenges in the
promotion and protection of human rights. He said that the agenda of the
Session includes many pertinent human rights issues on the continent,
which will give the various stakeholders the opportunity to exchange
views in an open manner.
24. He acknowledged the important role of National Human Rights
Institutions and NGOs in the promotion and the protection of human
rights. He said that the cooperation between the Commission and these
organisations can only enhance the enjoyment of human rights on the
continent.
25. Honourable Chikawe also called on States Parties to comply with their
obligation to submit their Periodic Reports, as the reporting procedure
enables States Parties to engage in a constructive dialogue with the
African Commission on the human rights situation in their countries.
26. He welcomed the fact that the African Commission and the African Court
on Human and Peoples’ Rights are revising and formulating their Rules of
Procedure respectively – an exercise that will improve their work.
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27. On the Draft Single Legal Instrument on the Merger of the African Court
on Human and Peoples’ Rights with the African Court of Justice,
Honourable Chikawe noted that there will be two different sections
within the new merged Court, a General Affairs Section and a Human
Rights Section. He informed the African Commission that the Draft Single
Legal Instrument will be presented to the Policy Organs of the AU at the
forthcoming AU Summit in June - July 2008.
28. The Executive Director of the Network of African National Human Rights
Institutions, Mr Gilbert Sebihogo, in his statement stated that the Network
was established only seven months prior to the holding of this Session. He
said that the Network was a strategic partner of the African Commission
in the promotion and protection of human rights in Africa.
29. He said that the Session was being held at a time Africa was facing many
challenges on its efforts to achieve good governance. He said that National
Human Rights Institutions in Africa are conscious of these challenges and
pledged that they shall play their role in addressing them. He recalled
that democracy can only be realised through transparency, good
governance, peace and respect for human rights, and urged governments
to support their work.
30. The Representative of the Non-Governmental Organisations (NGOs), Mrs.
Hannah Forster, Executive Director for the Centre for Democracy and
Human Rights Studies remarked that since the last Ordinary Session of
the African Commission Africa has been characterised by ongoing human
rights violations. She expressed a particular concern regarding the
escalating human rights violations in Zimbabwe in the aftermath of the
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March 2008 elections, and called on the Commission to undertake a Factfinding Mission to Zimbabwe.
31. During the Session, the Commission heard statements relating to the
human rights situation in Africa from the representatives of States Parties,
including Kenya, Ethiopia, Lesotho, Egypt, Libya, Tanzania, Uganda,
Mauritania, South Africa, Senegal, Botswana, Nigeria, Zimbabwe, Tunisia,
Sahrawi Democratic Republic, and Burundi.
32. Statements were also made by the representatives of Intergovernmental
and International Organisations.
33. In his intervention, the representative of the International Committee of
the Red Cross (ICRC) emphasised the relevance of international
customary law, especially customary humanitarian law in Africa because
the continent suffers from numerous non-international armed conflicts.
34. The representative of the Office of the United Nations’ High
Commissioner for Human Rights (OHCHR) reiterated the support of his
Office to the African Commission in its efforts to make human rights a
reality in Africa. The OHCHR representative asserted that there are two
new main human rights challenges facing the continent: flawed electoral
processes, and the escalating increase in the prices of basic commodities.
He said that if these are not quickly and adequately addressed, the small
gains being made will be eroded.
35. He recalled that 10 December 2008 will be the 60th Anniversary of the
adoption of the Universal Declaration of Human Rights. He called on
Member States of the UN, including African States to carry out activities
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aimed at reinforcing the progress made in the field of human rights. He
implored African States to ratify international and regional human rights
instruments and to establish NHRIs in countries where such institutions
do not exist.
36. The UN Representative informed the African Commission that the UN
Human Rights Council commenced its Universal Periodic Review this
year, and that 12 African Countries are undergoing the review. 14 more
African States are scheduled to undergo the same process in 2009. He also
informed
the
African
Commission
of
progress
made
in
the
implementation of the UN decennial programme for the reinforcement of
the capacity of the African Union.
37. In conformity with Article 62 of the African Charter on Human and
Peoples’ Rights, the Periodic Reports of the Republic of Sudan and the
United Republic of Tanzania were presented to and examined by the
African Commission. The African Commission adopted Concluding
Observations on the Periodic Reports of the United Republic of Tanzania,
Tunisia and Algeria, but deferred to the 44th Ordinary Session the
Concluding Observations on the Republic of Sudan.
Commissioners presented reports of the activities they undertook
during the intersession as members of the African Commission and in the
context of their various Special Mechanisms and Mandates. The following
Reports were presented on:
The Rights of Women in Africa,
Prisons and Conditions of Detention,
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Human Rights Defenders,
Freedom of Expression and Access to Information,
Refugees, Asylum Seekers and Internally Displaced Persons and Migrants
The Working Group on the Implementation of the Robben Island
Guidelines
The Working Group on Indigenous Populations /Communities,
The Working Group on Economic, Social and Cultural Rights in Africa
The Working Group on Specific Issues Relevant to the Work of the African
Commission,
The Working Group on the Death Penalty and
The Focal Point on the Rights of Older Persons.
39. The African Commission did not receive any application for Affiliate
Status by any National Human Rights Institution (NHRI) during the
Session. Hence the number of NHRI with Affiliate Status with the African
Commission remains at 21.
40. The Commission considered the applications by NGOs for Observer
Status and granted the said status to the following NGOs:
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Legal Resources Centre, South Africa (LRC);
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Socio-Economic Rights and Accountability Project (SERAP), Nigeria
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Communautés des potiers du Rwanda (COPORWA ASBL), Rwanda
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Norwegian Refugee Council (NRC), Norway
-
Associacao Maos Livres, Angola.
41. Save the Children Sweden was granted Observer Status on the condition
that it submitted proof within two months to the African Commission that
it operates in Africa.
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42. This brings the number of NGOs with Observer Status with the African
Commission to 380.
43. The African Commission examined and adopted the following Reports on
The 42nd Ordinary Session of the Commission;
The Promotion Mission to Egypt in 2006;
Experts Reports on the Situation of Indigenous Populations /
Communities in the Republic of Uganda and the Central African
Republic requested by the African Commission.
44. The Secretary to the African Commission, Dr. Mary Maboreke, presented
her Report to the African Commission. The report covered administrative,
financial and other matters relating to the work of the African
Commission, including the follow-up efforts on the construction of the
Headquarters of the African Commission in Banjul, The Gambia.
45. The African Commission held a meeting with a team from the African
Union during which legal, administrative and financial matters relating to
the work of the African Commission were discussed.
46. The African Commission adopted the following Resolutions:
Resolution on the Situation of Migrants in South Africa, and a
Resolution on the Forthcoming Run off Election in Zimbabwe.
47. The African Commission considered 80 Communications: seven (7) on
Seizure; forty four (44) on Admissibility; twenty eight (28) on the Merits
and One (1) on Review. The African Commission finalized three
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Communications and decided to defer the rest to its 44th Ordinary Session
for further consideration.
48. The African Commission adopted its Twenty fourth (24th ) Activity Report
which will be submitted to the 14th Ordinary Session of the Executive
Council of the African Union and the 12th Summit of the Assembly of
Heads of State and Government of the African Union, which are
scheduled to take place in Egypt, from 27 June to 1 July 2008.
49. The African Commission decided to hold its 44th Ordinary Session in
Abuja, Federal Republic of Nigeria, from 10 – 24 November 2008.
50. The African Commission expresses its sincere appreciation and profound
gratitude to His Majesty, King Mswati III, His Majesty’s Government and
to the People of the Kingdom of Swaziland, for the warm welcome
accorded to the participants and excellent facilities placed at its disposal,
all of which contributed immensely to the excellent outcome and success
of the deliberations of its 43rd Ordinary Session.
51. The Closing Ceremony of the 43rd Ordinary Session took place on the 22nd
May 2008 in Ezulwini, the Kingdom of Swaziland.
52. The Chairperson of the African Commission held a Press Conference after
the Closing Ceremony.
Done in Ezulwini, the Kingdom of Swaziland, 22 May 2008
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