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20061215

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THE 39TH SESSION OF THE AFRICAN COMMISSION ON HUMAN AND PEOPLES' RIGHTS

 

 

 

NGO FORUM PRECEDING THE AFRICAN COMMISSION SESSIONS

 

The NGO Forum is an initiative of NGOs and was hosted by the African Centre for Democracy and Human Rights Studies (ACDHRS), based in Banjul, The Gambia. The NGO Forum, preceding the 39th Ordinary Session of the African Commission, was held on 6–8 May 2006. Close to 100 NGOs attended the three-day Forum.

 

The NGO Forum covered a variety of thematic and contemporary human rights issues prevailing in Africa. On the first day, participants discussed the human rights situation across Africa, with specific focus given to the human rights situation in Zimbabwe, Coté D'Ivoire, Togo, Liberia, The Gambia and Sudan. In addition to the input made by civil society groups, commissioners that attended, made presentations on specific areas of expertise. For example, Commissioner Rezag Bara spoke on the work of the African Commission on Minorities and Indigenous Peoples' Rights.

 

The second day was dedicated to new challenges and opportunities for the promotion and protection of human rights defenders in Africa. The discussions highlighted the continuation of the difficult and unpredictable environments that human rights defenders are exposed to on a daily basis, in their attempts to bring stability to different African countries. Presentations were made by the Special Rapporteur on Human Rights Defenders in Africa, Commissioner Reine Alapini-Gansou, as well as representatives from civil society organisations, i.e. Ms Barcia (ISHR) and Mr Sivieude (FIDH).

 

The second day also gave an opportunity for various special interest groups to update the participants on a range of human rights topics/issues. The situation of refugees and IDPs in Africa, the African Court on Human and Peoples' Rights, freedom of expression in Africa, and the status of women's rights in Africa, were amongst the topics presented and discussed. After this update session, participants were divided into different Working Groups to discuss a specific topic in more depth.

 

The third and final day of the NGO Forum was devoted to networking for human rights in Africa. Mr Moetsabi from MISA made a presentation on networking and the role of the media in human rights work. The day ended with the adoption of various resolutions by the NGO Forum to be presented at the 39th Session of the African Commission.

 

 

39th SESSION OF THE AFRICAN COMMISSION ON HUMAN AND PEOPLES’ RIGHTS

 

The session was held on 11–25 May 2006, in Banjul, The Gambia. Participants consisted of government delegates, international organisations, national institutions as well as national and international NGOs. The session was opened by Mr Sheikh Tijan Hydara, the Attorney-General and Secretary of State for Justice of the Republic of The Gambia.

 

 

Human Rights Situation in Africa

 

The first topic on the agenda covered the general human rights situation on the African continent. Statements were made by various participants and in the following order:

  • Statements by State Delegates

  • Statements by Intergovernmental Organisations

  • Statements by National Human Rights Institutions

  • Statements by NGOs

 

Interesting to note is some discrepancies that existed between state delegate statements and NGO statements.

 

Regarding the SADC region, state delegates of Zimbabwe, Lesotho and Botswana made their statements before the Commission. NGOs such as the Centre for Human Rights (South Africa) and Lawyers for Human Rights (Zimbabwe) also made statements before the Commission.

 

 

Relationship with National Human Rights Institutions and NGOs

 

The African Commission regards the cooperation between themselves and National Human Rights Institutions and NGOs as an imperative component of their successful functioning. The Chairperson of the African Commission, Salamata Sawadogo, stated that the Commission encouraged regular reporting by NGOs enjoying observer status with the Commission. She also emphasised that the submission of shadow reports by NGOs was of paramount importance.

 

Regarding the cooperation and relationship between the African Commission and National Human Rights Institutions (NHRIs), the following important points were raised:

  • The coinciding of the 39th Session of the African Commission and the 2nd AU Conference of NHRIs, shows the importance of these two set of institutions to work together in the promotion and protection of human rights.

  • The African Commission appealed to states to give adequate resources or support to NHRIs, in order for them to deliver their mandate.

  • The African Commission encouraged NHRIs to also have a forum (like the one NGOs have) preceding Ordinary Sessions of the African Commission.

  • Partnership relationships between the African Commission and NHRIs should be more permanent in nature, thus implying that there should be an active relationship between these two set of institutions also between sessions of the African Commission.

 

Regarding the cooperation and relationship between the African Commission and NGOs, the following noteworthy points were raised:

  • Commissioners commended the organising of the NGO Forum before each session

  • The granting of observer status to NGOs was very important, especially to NGOs that were not officially recognised in their respective countries. [AMT examples of NGOs]

  • To date, round about 300 NGOs enjoy observer status with the African Commission.

  • More and more NGOs are involved in various meetings at the AU level.

  • Of utmost importance is to include NGOs in most aspects of the African Commission.

 

 

State Reports

 

The 39th Session of the African Commission considered the following State Party Reports:

  • The Initial Report of Seychelles;

  • The Periodic Report of Cameroon;

  • The Periodic Report of Libya; and

  • The Initial Report of the Central African Republic.

 

Concerns were raised by some of the Commissioners that a considerable amount of state parties are not up to date with their reporting. Even more concerning is the fact that various state parties has never submitted their reports before the Commission. As a result, the point was raised that the Commission should meet with the governments that are failing to submit their reports.

 

 

African Court on Human and Peoples’ Rights (ACHPR)

 

HURISA, as a member of the Coalition for an Effective African Court on Human and Peoples’ Rights, made a statement before the Commission on behalf of the NGO Forum. Noteworthy are:

  • The inadequate gender representation of the Judges of the ACHPR

  • The Protocol establishing the ACHPR imposes a legal obligation on Member States to complete the process of operationalization of an effective, impartial and independent ACHPR.

  • The Assembly of Heads of State and Government of the AU was urged to inter alia complete the process of operationalization of an independent and effective human rights court without further delay, through the final determination of the seat of the Court, allocation of adequate resources and determination of other operational issues.

 

 

Inter-sessional Activity Reports

 

The Commissioners presented reports on their inter-sessional activities. These included:

  • Prisons and Conditions of Detention in Africa

  • Rights of Women in Africa

  • Human Rights Defenders in Africa

  • Freedom of Expression in Africa

  • Refugees, Asylum Seekers and Internally Displaced Persons in Africa

 

In a nutshell, the reports covered the progress made by the above mentioned specific missions in different African countries. It also highlighted the difficulties encountered during such missions.

 

 

2nd AFRICAN UNION CONFERENCE OF NATIONAL HUMAN RIGHTS INSTITUTIONS

 

The 2nd AU Conference of National Human Rights Institutions coincided with the 39th Ordinary Session of the African Commission. It took place from 12–14 May 2006. Significant points that were raised:

  • The continuous violation of the rights of children, women and displaced persons in Africa is very concerning.

  • It is very important that member states of the AU who have not yet established national human rights institutions should do so without further delay.

  • It is important that governments safeguard the independence and effectiveness of human rights organisations operating within their countries.

  • Although many African countries ratify numerous human rights policies, they often fail to translate these provisions into practical realities.

 

The South African Human Rights Commission (SAHRC) raised the following:

  • More human rights work needs to be done in the far flung corners of South Africa, i.e. the isolated rural areas. 70% of South Africa’s population live in rural areas and therefore it is essential that the SAHRC work more with traditional leaders.

  • It is important to remember that with rights come certain responsibilities. The focus should not only be on the entitlement of rights.

  • Inequality continues to be a major issue in South Africa. Accordingly, it is essential to find an answer for the question “How can a rights-based approach be used to solve the problem of inequality?”

  • It is essential for the SAHRC to extend its human rights work beyond South Africa’s borders. There is a need to explore how to work together with sub-regional institutions in the SADC region. Even more so, the SAHRC has to work in synergy with other NHRIs on the African continent. It doesn’t help that only one part of the African continent have successes in human rights issues. The bigger picture is of more importance.

 

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© HURISA 2006