Statement By: Mrs. Hannah Forster, Executive Director, African Centre for Democracy and Human Rights Studies and Chairperson of the NGO Forum Steering Committee
Statement By: Mrs. Hannah Forster, Executive Director, African Centre for Democracy and Human Rights Studies and Chairperson of the NGO Forum Steering Committee, on Behalf of Participants of the Forum of NGOS at the Official Opening of the 50th Ordinary Session of the African Commission on Human and Peoples’ Rights, 24th October, 2011, Sheraton Gambia Hotel Resorts and Spa, The Gambia.
Honourable Attorney General and Secretary of State for Justice and National Assembly Affairs representing the Republic of The Gambia;
My Lord, Chief Justice of The Republic of The Gambia;
My Lord, Justices of the Republic of The Gambia;
Honourable Members of the National Assembly;
Honourable Ministers,
Dr. Salah Hammad, representing H.E. Mrs. Julia Dolly Joiner, Commissioner, Department for Political Affairs of the African Union Commission;
Your Excellencies, Madam Chairperson, Vice Chairperson and Members of the African Commission on Human and Peoples’ Rights (ACHPR);
Representatives of the African Court on Human and Peoples’ Rights,
My Lord, Chief Prosecutor of the International Criminal Tribunal for Rwanda;
Your Excellencies, Members of the Diplomatic and Consular Corps;
Distinguished Executive Members of the Governing Council of the African Centre for Democracy and Human Rights Studies (ACDHRS);
Distinguished State Representatives;
Venerable Religious and Traditional Leaders;
Representatives of National Human Rights Institutions;
Representatives of National and International NGOs;
Representatives of the Press;
Distinguished Ladies and Gentlemen;
All protocols respectfully observed
It is with pleasure and with a great sense of humility that I stand before this distinguished gathering of the African human rights community, charged with the responsibility to give a statement on behalf of all my colleagues of the Forum of NGOs in work of the 50th Ordinary Session of the African Commission on Human and Peoples’ Rights.
On behalf of the African Centre for Democracy and Human Rights Studies (ACDHRS); The NGO Forum Steering Committee; all the participants of the NGO Forum, and indeed on my own behalf, I wish to thank the Chairperson and Members of the African Commission for affording us this opportunity, once again.
Your Excellencies, Distinguished Ladies and Gentlemen
The Forum wishes to also express our gratitude to the Government and people of The Gambia for their hospitality, in facilitating the activities of the 50th Ordinary Session and to reiterate the appreciation of the participants of the Forum of NGOs for the warmth afforded them since their arrival. The Forum would also wish to acknowledge the consistency demonstrated in hosting the African Commission sessions.
Your Excellencies, Distinguished Ladies and Gentlemen,
The Forum on the Participation of NGOs in the 50th Session of the African Commission on Human and Peoples’ Rights, commonly referred to as the NGO Forum was held from the 19-21 October, 2011 a few days before the commencement of this historic Session of the Commission.
Noting that this year is an important one for human rights in Africa, and considering that the Banjul Charter is 30 years old this year, while the Commission is 25 years, the Forum adopted the theme ‘30 years of the African Charter on Human and Peoples’ Rights’.
The Forum noted that while Africa has seen significant and positive developments in the human rights and democracy situation on the continent, it is worthy to observe an improvement in the respect for human rights, good governance and the rule of law. In its wake, the African Charter has seen the formulation, adoption, ratification, domestication and implementation of numerous instruments; decisions and mechanisms to match this growing tide. Moreover, we are all here today, witnesses at this momentous golden jubilee session of the African Commission and would like to take this opportunity to congratulate Her Excellency, the Commissioner for Political Affairs, Mrs. Julia Dolly Joiner; the Chairperson and Members of the African Commission; the Secretary and Members of the Secretariat; all State Parties and indeed the people of Africa for whom this instrument was developed.
The role of the African Union in strengthening the continental framework to promote and protect human and peoples’ rights in Africa has spurred the pursuit of human rights which has become an integral responsibility, by ensuring that the Human Rights Strategy for Africa is at the heart of the African Governance Architecture.
The increased involvement of civil society organisations in these processes are exemplary and commendable and have indeed gone a long way to enhance partnerships and promote ownership of the various processes by the African people.
While applauding these developments, the Forum asserted that Africa continues to face serious human rights challenges characterised by conflict, insecurity and violence. Poverty, disease, internal political strife, resulting in the taking up of arms by rebel groups, arbitrary detention and extrajudicial killings continue to bring hardships to the majority of citizens of the affected countries, especially the women and children. The Rwanda genocide remains a constant reminder on the extent to which unrestrained lawlessness and lack of commitment to early warning can lead to unwarranted loss of life, property and above all dignity.
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 50th Session. Allow me, distinguished ladies and gentlemen, to highlight and share with you some of the concerns and evolving issues raised during the Forum.
Instances of serious violations of human rights and international humanitarian law in varying degrees were cited particularly in the Democratic Republic of Congo (DRC); Egypt; Guinea Conakry; Malawi; Mauritania; Nuba Mountain and Sudan.
The Forum received reports of escalating physical violence and verbal abuse on journalists and human rights defenders; impunity of the armed forces that have committed violations of international human rights law as well as violations of human rights violations as the DRC prepares for elections next month.
The African Commission is urged to call on the authorities, to among other things, guarantee the independence of the institutions charged with the management of the elections at all stages of the process and to encourage the relevant authorities respect their constitutional provisions and international obligations.
It was observed that in Egypt, while the state of emergency is yet to be lifted, trials of civilians before military courts has continued unabated since January 28, 2011, causing much concern. Furthermore, severe infringements on freedom of peaceful assembly, leading to extra-judicial killings and acts of violence against protesters continue to take place.
In Guinea Conakry, the Forum was concerned by the brutal repression and use of force on opposition parties during a protest march against the composition of the National Independent Electoral Commission and the prevailing circumstances surrounding the organisation of legislative elections.
In Malawi, the deteriorating of the rule of law, abuse of executive power, erosion of human rights and academic freedom, among other violations. On July 20, 2011 protesters, mostly civilians, were met with bullets and batons during a peaceful protest march, resulting in the death of a University student, Robert Chasowa. It was also reported that the intimidation and harassment of civic leaders, human rights defenders and academics continues unabated. The Forum urges the abovementioned States to ensure that the perpetrators do not go unpunished.
The Forum recognised and applauded the African Union’s firm stance against undemocratic and unconstitutional change but draws attention to emerging moves referred to as the ‘new forms of coup d’etats’ characterised by constitutional amendments to legalise extended terms of office by incumbents, the latest being witnessed in Senegal, in the wake Uganda, Nigeria, among others. We, therefore, applaud the work done by the African Union and its partners towards the development, adoption, ratification and implementation of the African Charter on Democracy, Elections and Governance (The African Democracy Charter), a useful tool in the promotion and protection of democracy. We sincerely request the African Commission to urge States that have not ratified to consider doing so and thereby expedite its entry into force.
Consequently, we would 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.
While it was recalled that a good number of African countries will go to the polls within the next 12 months, the Forum called on the African Commission to urge relevant authorities in such countries to ensure the organisation of free and fair elections. The international community is urged to support civil society participation in these forthcoming elections.
Distinguished Ladies and Gentlemen
There is no doubt, that the violations in some of these countries already indicate warning signs of deterioration in the system. We further urge the Commission to propose concrete steps to ensure the resolution of these aforementioned conflicts.
Similarly, the human rights situation in countries like Zimbabwe has not ceased to attract the attention of the Forum, particularly in the review of housing as a human rights and more specifically at forced evictions. The need to provide aid and protection to the victims of the forced evictions and demolitions was reemphasised.
The suppression of freedom of the press continues to be the order of the day on our continent with formulation of draconian laws, harassment, intimidation, killings and arbitrary detention.
Your Excellencies, Distinguished Ladies and Gentlemen,
Although the situation of Human Rights Defenders on the continent continues to be very hazardous, we are heartened by the appointment of a Special Rapporteur for Human Rights Defenders in Africa to facilitate coordination and collaboration in this theme within the African Commission. The Forum wishes to express its satisfaction so far in working with this mechanism and urge the African Commission to provide sufficient resources for the maintenance of this mechanism to ensure greater impact.
The settling situations of refugees returning to Sierra Leone, Angola, and Liberia continue to bring some hope, however, we remain gravely concerned by some involuntary movements of refugees and internally displaced persons especially in countries where there have been long periods of displacement.
It is believed that in such situations, there is need to offer special protection particularly to women and girl children who often find themselves open to abuse as a result of break down in security. The Forum therefore, wishes to request the African Commission to urge States to ratify the Kampala Refugee Convention and thereby strengthened the legal framework dealing with refugees and internally displaced persons in Africa..
Moreover, it has been revealed that the use of torture and the application of the death penalty continue to be practiced in some States. We would wish to call on the African Commission to urge States to prohibit torture and to commit themselves to its abolition as well as condemn the death penalty. The promotion and use of the Robben Island Guidelines was highly recommended to States.
Distinguished Ladies and Gentlemen
The Forum continued to review the continuing depletion of Africa’s resources and the deterioration of the environment as a result of the lack of transparency in investments and corporate policy was also a preoccupation and the Forum has developed further strategies to address this theme. The need to revisit agreements between African countries and multi-laterals to ensure a fair and equitable sharing of profits realised from Africa’s resources cannot be emphasised.
The Forum also emphasised the necessity of popularising the various documents emanating particularly from the African Union and the African Commission to ensure that the messages contained therein reach our constituents – the African populace. The importance of human rights education was also underscored in view of the fact that despite that African Charter is 30 years old, many citizens of Africa are still not aware of its existence.
Your Excellencies, Distinguished Ladies and Gentlemen
On behalf of the participants, please allow me to reiterate the readiness of the NGO community to work with these mechanisms in the realization of their mandates. As partners in the process, we are committed to putting 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 entering into force of the African Court on Human and Peoples’ Rights, which provided the first step towards the tackling of impunity on our Continent and the consolidation of the Commission’s decisions. We would wish the African Commission to appeal to States, which have not ratified the Protocol, to speedily ratify and therefore enable the inevitable implementation of the Protocol to the Court, especially in relation to signing the Declaration which gives access to individuals and NGOs.
Distinguished Ladies and Gentlemen,
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 and a tangible demonstration of successful collaborative work between the AU, the African Commission and human rights NGOs in Africa. We, therefore, wish to congratulate all the 31 countries that have ratified the Protocol but fervently hope that universal ratifications by other states would ensue shortly, in order to provide the much needed momentum to put into action gender equality in our various countries.
Your Excellencies, Distinguished Ladies and Gentlemen
While applauding the gender parity policy adopted by the African Union, which continues to make history and is a clear testimony of its dream for the women of Africa, the Forum urges States to replicate similar policies at the national level in conformity with the Solemn Declaration on Gender Equality in Africa.
Your Excellencies, Madam Chairperson and Members of the African Commission, Distinguished Ladies and Gentlemen,
We cannot conclude this statement without making mention of the wave of impunity that remains very poignant on the continent.
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, not the least, the African Commission.
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 in this Session. Our passion is to witness much more change in the landscape and we are confident that with the unflinching support of the African Union all should be well.
The Forum, however, expressed concern over the constraints faced by 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 support the strengthening of this institution.
Your Excellencies, Distinguished Ladies and Gentlemen, on behalf of the participants of the NGO Forum, allow me to wish the Honourable Chairperson and all the Members of the African Commission fruitful deliberations and a successful golden jubilee Session.
Thank You.
HJF
ACDHRS-October 2011
