Statement by Mrs Hannah Forster on behalf of Participants of the Forum of NGOs at the Official Opening of the 43rd Ordinary Session of the ACHPR
Forum on the Participation of NGOs in the 43rd Ordinary Session of the African Commission on Human and Peoples’ Rights, 7th May 2007, Royal Swazi Sun Convention Centre, Ezulwini, Kingdom of Swaziland
The Right Houourable Prime Minister of the Kingdom of Swaziland, His Excellency Absalom Themba Dlamini,
Your Excellencies, Honourable Ministers and Secretaries of State of The Kingdom of Swaziland;
Honourable Members of the National Assembly of The Kingdom of Swaziland;
Your Excellencies, Acting Chairperson – Commissioner Angelo Melo and Honourable Commissioners of the African Commission on Human and Peoples’ Rights (ACHPR);
Your Excellencies, Representatives of the Committee of Experts on the Rights and Welfare of the Child;
Your Excellencies, Members of the Diplomatic and Consular Corps;
Distinguished Executive Member of The Governing Council of the African Centre for Democracy and Human Rights Studies (ACDHRS), Mr. Mohammed Mabassa Fall;
Your Excellency, M. Frej Fenniche, Regional Representative and Delegation of the Office of the High Commissioner for Human Rights in Addis Ababa, Ethiopia;
Your Excellencies, Heads of Delegations and Distinguished State Representatives;
Venerable Religious and Traditional Leaders;
Representatives of National Human Rights Institutions;
Fellow Members of the NGO Forum Steering Committee
Representatives of National and International NGOs;
Representatives of the Press;
Distinguished Ladies and Gentlemen;
All protocols respectfully observed
It is an honour for me to stand before this distinguished gathering of the African human rights community, once again, with the responsibility to give a statement on behalf of all my colleagues of the Forum on the Participation of NGOs in the 43rd Ordinary Session of the African Commission on Human and Peoples’ Rights (NGO Forum), held here in Ezulwini, Kingdom of Swaziland.
On behalf of all the participants of the NGO Forum, and indeed on my own behalf, I wish to thank the Honourable Chairperson and Members of the African Commission, most sincerely, for affording us this opportunity.
Allow me, in the first instance, to thank the Acting Chairperson and Members of the Commission for the kind words extended to me. Indeed, I am humbled and in the same breath recognise all the invaluable contributions of all participants of the Forum in all these activities. It is only together that we can make the difference we seek to make to our beloved continent.
Your Excellencies, Distinguished Ladies and Gentlemen
Please allow me to also express our gratitude to the Government and people of The Kingdom of Swaziland for their hospitality, in facilitating the activities of the 43rd Ordinary Session and to reiterate the appreciation of the participants of the Forum of NGOs for the warmth accorded them since their arrival in this most beautiful valley. Special thanks is extended to His Royal Highness, Prince David Dlamini, the Honourable Minister of Justice for delegating the Attorney General, Honourable James M. Dlamini to address the Forum at its Opening Ceremony.
Your Excellencies, Distinguished Ladies and Gentlemen,
In keeping with tradition, the Forum on the Participation of NGOs in the 43rd Session of the African Commission on Human and Peoples’ Rights, commonly referred to as The NGO Forum was held from the 3-5May 2008, a few days ago before the commencement of this Session of the Commission.
As we celebrate the Year of the African Youth this year, we also commemorate the 60th Anniversary of the Universal Declaration of Human Rights (UDHR). The Forum noted, with satisfaction, the contribution made by the world’s foremost human rights instrument, which is a milestone in the development of human rights; from which all systems for the promotion and protection of human rights draw inspiration. We would like to take this opportunity to salute those African countries who formed part of the drafting of this document as well as those who continue to respect, observe and implement its provisions. The need to continue to live its guiding spirit cannot be overemphasised considering that knowledge and adherence to its contents would indeed contribute towards greater respect for human rights and fundamental freedoms.
The Forum, while applauding the significant and positive developments in the human rights and democracy on the continent, observed an improvement in the respect for human rights, good governance and the rule of law in some African states. The Forum acknowledged that the UDHR is indeed well on its way to fulfilling the aspirations of its founding fathers.
Consequently, as we celebrate the 60th Anniversary of the UDHR, we congratulate and applaud the efforts of the United Nations to support the capacity building of the African Union in order to create the conducive environment for the realization and facilitation of participation in its work.
In applauding these developments among others, the Forum asserted that Africa continues to face serious human rights challenges characterised by violence, conflict, poverty and insecurity. Internal political strife, disease, arbitrary detention, enforced disappearances and extrajudicial killings continue to bring untold hardships, not to talk of disorientation to the majority of citizens of the affected countries, particularly to women and children.
The full report of the Forum together with the adopted resolutions and recommendations will be forwarded, for the kind consideration of your august body, as our contribution to your deliberations at the 43rd Session. I, however, crave your indulgence to highlight and share with you some of the concerns and evolving issues raised during the Forum.
Distinguished Ladies and Gentlemen
Instances of serious violations of human rights and international humanitarian law in varying degrees were cited in Central African Republic, DRC, Eritrea, Kenya, Somalia, Swaziland and The Sudan.
The Forum received reports of arbitrary arrests and illegal detention and hereby call on the relevant authorities to respect their constitutional provisions, and to abide by their international obligations.
The continuing resurgence of rebel movements and attacks has resulted in the death of many civilians particularly in the DRC. The Forum requests the African Commission to urge the above-mentioned State to ensure that all parties to the conflict adopt an immediate ceasefire and respect international human rights law. It is desirable that all those responsible for atrocities are brought to justice in the Central African Republic, DRC, and Somalia to avoid nurturing a climate of impunity.
The Forum applauded the African Union’s firm stance against undemocratic and unconstitutional change of government characterised by constitutional amendments to legalise extended terms of office by incumbents and in so doing, welcome, once again, the adoption of the African Charter on Democracy, Elections and Governance (The African Democracy Charter). It was noted, however, that the attainment of true democracy remains a daunting task in many an African country. The Forum recognised that while this document generated a lot of interest, it is yet to enter into force and would like to take this opportunity to urge states to ratify and domesticate this instrument that would definitely go a long way towards contributing to the consolidation of democracy in Africa.
Consequently, we humbly request the African Commission to adopt a resolution publicly condemning all violations of international human rights and humanitarian law committed by all persons in all conflicts in Africa and to work with the African Union in their resolution.
Distinguished Ladies and Gentlemen
There is no doubt, that the heightening violations in some of these countries already indicate warning signs of deterioration in the system. We recognise the efforts of the African Commission in rising to the occasion and adding their voice to the alarming situations in Kenya and Somalia during the 4th Extraordinary Session and resolving to send fact-finding missions to these two countries. However, we urge them to consider undertaking such missions as soon as possible to enable them to make timely intervention in the resolution of these aforementioned and other conflicts.
Zimbabwe continues to amaze Africa and the world at large and consequently did not escape the attention of the Forum. We hereby renew our request to the African Commission, to urge the African Union to encourage the Government of Zimbabwe to live up to its obligations under the African Charter on Human and Peoples’ Rights and to implement the recommendations contained in the African Commission’s fact-finding report to Zimbabwe as well as the recommendations of the United Nations Special Envoy on Human Settlement Issues pertaining to the provision of aid and protection to the victims of the forced evictions and demolitions.
The situation in Zimbabwe is a potential recipe for disaster and we urge the Government of Zimbabwe to respect it constitutional provisions in all its activities, particularly in relation to the proposed run off. In view of the current electoral hiccups, we call on the African Commission to constitute a fact finding mission comprising the Special Rapporteurs of Human Rights Defenders, Freedom of Expression, Rights of Women, and Refugees as well as the Chairman of the Working Group on Torture to visit and assess the situation in Zimbabawe.
The respect for freedom of the press continues to be a challenge on our continent with the constant formulation of draconian laws, harassment, intimidation, killings and arbitrary detention in many an African country, particularly, Angola, Lesotho, Swaziland, Sudan and Zimbabwe. We urge the Special Rapporteur for Freedom of Expression in Africa to investigate the discrimination of the media, the existence of redundant laws, especially electoral laws in the aforementioned countries.
Your Excellencies, Distinguished Ladies and Gentlemen,
The Forum reiterates its satisfaction with working with the special mechanisms set up by the African Commission to facilitate coordination and collaboration in the various themes within the African Commission and its partner and urge the African Union Commission to continue to provide sufficient resources for the maintenance of the Secretariat, not least its mechanisms to ensure greater impact.
The situation of Human Rights Defenders remain perilous and the Forum heard reports of harassment, intimidation and arrests of HRD. This situation was especially prominent in the North Africa region where laws curtailing freedom of association, freedom of expression; among other restrictive laws are in existence.
Similarly, we would wish to draw attention to the increasing numbers of persons who are forced to leave their homes as a result of insecurity, poverty and conflict, we refer to African refugees and internally displaced persons. The need to offer special protection particularly to women and girl children who in most cases find themselves open to abuse as a result of breakdown in security cannot be overemphasised.
Despite the existence of the Refugee Convention, compliance remains weak. The increase in refugees fleeing from Chad, Kenya, Sudan and Zimbabwe has indeed inflated the number of refugees and asylum seekers. Consequently, the Forum would like to urge the Commission to encourage the Special Rapporteur on Refugees to look into the phenomenon of returnees and migrant workers and make recommendations to the African Commission on the matter.
Not the least, the NGOs believe that the deplorable situation of minorities and indigenous persons should not cease to occupy us. In particular, the Forum welcomes the renewal of the mandate of the Working Group on Indigenous Communities and calls for the creation of a separate mechanism on Minorities. Considering that the definition of minorities remains elusive, it would be useful to initiate the setting up of a group to look into the legal, social status of minorities.
The discrimination of Lesbian, Gays, Bisexual, Transgendered and Intersex Peoples has not been lost on the Forum. We call on states to criminalize or repeal laws that discriminate against this group of people.
The use of torture and the application of the death penalty are still practiced in some states. The Forum called on the African Commission to urge states to prohibit torture and to condemn the death penalty and to further urge them to commit themselves to its abolition. Furthermore, the Forum calls on States and all stakeholders to promote and use the Robben Island Guidelines, which could contribute greatly towards a decrease in the use of torture as well as an increase in observance of human rights
Distinguished Ladies and Gentlemen
The Forum continued to review the continuing depletion of Africa’s natural resources, which has greatly contributed towards the deterioration of the environment; displacement of communities and untold poverty in respective countries. In the same vein, the Forum urges the African Commission to consider including Economic, Social and Cultural Rights on the agenda of future sessions, particularly the right to food as well as put in place effective mechanisms to address issues of poverty and deprivation.
The importance of human rights education was also underscored and in so doing the Forum emphasised the necessity of popularising the various documents emanating particularly from the African Union, the African Commission, the United Nations and even the Regional Economic Communities to ensure that the messages contained therein reach our constituents.
Your Excellencies, Distinguished Ladies and Gentlemen
On behalf of the participants, I would like to reiterate the readiness and willingness of the African NGO community, our commitment as partners in the process and determination to place all our expertise and resources at the disposal of the African Commission in the realization of the various objectives.
Your Excellencies, Distinguished Ladies and Gentlemen,
Participants to the Forum of NGOs noted with satisfaction the progress made so far in the operationalization of the African Court on Human and Peoples’ Rights. Consequently, we would wish to appeal to States, which have not ratified the Protocol to the Court, to speedily ratify and therefore enable the inevitable implementation of the Protocol to the Court. We also urge them to review Article 34(6) of the Protocol and consider granting individuals and NGOs direct access to the Court. While congratulating the appointment of the Judges of the Court, we urge the African Union to follow the guidelines for the nomination of Judges. The Republic of Tanzania is urged to provide the necessary infrastructure needed to provide an enabling environment for their work. While we await the adoption of the Protocol by the African Union Summit in July 2008, we sincerely hope that the activities of the Court will further consolidate the work of the African Commission.
In the same vein, we wish to urge all African states to ratify and to expedite action on the domestication and effective implementation of the Rome Statutes.
Distinguished Ladies and Gentlemen,
The situation of women and children, particularly girls is pathetic in most African countries. We have seen an increase in gender based violence; the institutionalisation of harmful traditional practices, trafficking, abduction, sexual abuse and violence have continued unabated, particularly in areas of armed conflict. The need to urge states to identify the causes and consequences with a view to taking all necessary measures to prevent and eradicate them cannot be overemphasised.
We further recommend the establishment of closer links between the African Commission, the Committee of Experts on the Rights and Welfare of the Child and the other organs of the African Union Commission to provide a consolidated common front in the promotion and protection of human rights in Africa.
The entry into force of the Protocol to the African Charter relating to the Rights of Women in Africa indeed marked a major step in the promotion and protection of the rights of women in Africa. We congratulate all the 23 countries that have ratified the Protocol but fervently hope that universal ratifications by other states would ensue. It is our expectation to see a lot of progress made in this area and urged states that have ratified to proceed with the formulation of advocacy strategies for its domestication and implementation. The Forum while acknowledging the important role of the Special Rapporteur on the Rights of Women in Africa in all these activities are poised to collaborate and support work in this area.
Your Excellencies, Distinguished Ladies and Gentlemen
The Forum further urges States to replicate policies at the national level in conformity with the Solemn Declaration on Gender Equality in Africa.
Your Excellencies, Acting Chairperson and Members of the African Commission
Distinguished Ladies and Gentlemen,
It would be remiss of me to conclude this statement without making mention of the wave of impunity that remains very disconcerting on the continent. Corruption is rife to say the least. While congratulating the international community, the Forum recognises that the responsibility of states to protect its citizens and to ensure that violators are brought to book, continue to be tested. We urge states to take their obligations seriously and to implement these provisions as dictated by the rule of law.
Madam. Acting Chairperson, Distinguished Commissioners, Ladies and Gentlemen,
In the true spirit of the African Union’s Constitutive Act in which the Heads of State of Africa professed a ‘common vision of a united and strong Africa, energised by partnership between governments and all segments of civil society’, representatives at this Forum reaffirmed their commitment to the reinforcement of this partnership with the African Union and all its organs, particularly, the African Commission with which they enjoy observer status.
In the same vein, participants reiterated their readiness, particularly NGOs with Observer Status, to work in collaboration with the African Commission, and of course, the African Union, in the furtherance of human rights, good governance and the rule of law in Africa. It is heartening to observe the seriousness and commitment of participants in the preparations leading to their participation of this Session. Our passion is to witness much more change in the landscape and we are confident that with the unflinching support of the member states of the African Union this will be achieved. Consequently, we also call on National Human Rights Institutions, particularly those with associate status with the African Commission to explore ways of supporting the efforts of civil society and closing the gap in this area of work
The Forum, welcomes the efforts made to by the African Union to provide much of the needed resources of The African Commission in the implementation of its mandate and would like to take this opportunity to launch an appeal to the international community to continue to support the strengthening of this institution, the foremost human rights mechanism in Africa.
Madam Acting Chairperson, Your Excellencies, Distinguished Ladies and Gentlemen
On behalf of the participants of the NGO Forum, we wish to thank H.E. The Chairperson, Members, the Secretary and Staff of the African Commission and all their partners for the various initiatives and assistance they had put in place for the successful organisation of this Session. We congratulate, once again the Bureau, and wish all the members of the Commission, through Her Excellency, the Acting Chairperson, Commissioner Angela Melo, a fruitful deliberation and a successful session.
Thank You.
HJF
ACDHRS for NGO Forum Steering Committee
