TREC/001/10/2013 – Human Rights Defenders in Africa
We, the participants of the NGO Forum preceding the 54th Ordinary Session of the African Commission on Human and Peoples’ Rights (ACHPR) and the 28th African Human Rights Book Fair held from 18th – 20th October, 2013 in Banjul, The Gambia
Recalling the Declaration on HRDs adopted by consensus in the UNGA in December 1998 and HRC Resolution 22/6 on the protection of HRDs, adopted by consensus with 77 co-sponsors in March 2013;
Recognizing the important work of ACHPR Special Rapporteur on HRDs and acknowledge her important work and support for civil society and HRDs and emphasize the importance of her mandate of investigating and following up cases;
Calls on the ACHPR to:
- Report on implementation of HRD resolutions arising from previous sessions and urge HRD sub-regional networks and national NGOs to provide information in this regard;
- Express broad concern on the lack of both physical and legal protection of HRDs, together with the criminalization and stigmatization of their work across the continent;
- Urge states to investigate, prosecute and ensure accountability and remedy for gross violations against HRDs, including torture and ill-treatment, arbitrary arrest and detention (inclusive of incommunicado detention), enforced disappearances and even death and call on ACHPR to follow up States in this regard (Angola, Tanzania, Sudan);
- Insist that states must avoid the use or misuse of laws, malicious prosecutions, unfair trials and judicial harassment to criminalize the legitimate and important work of HRDs including journalists (Angola, Cameroon, Somalia);
- Encourage states to uphold the rights of freedom of expression, association and peaceful assembly for all and respect and enforce those laws which support the work of HRDs and which uphold their rights, including in relation to freedom of peaceful assembly (Cameroon, Tanzania);
- Promote protection of friends, families, organizations and associations of HRDs from harassment, intimidation, threats and reprisals in connection with the work of HRDs;
- Develop, enact and ensure the effective enforcement of specific national laws and policies which recognize and protect the work of HRDs in accordance with the Declaration on HRDs (Tanzania, Sierra Leone);
- Call on states to ensure that any legal or other restrictions on the work of HRDs are for a legitimate purpose and are strictly necessary and proportionate, including in relation to counter-terror laws and measures;
- Strongly condemn the stigmatization of HRDs, including by state officials, and publicly recognize the value and importance of their work;
- Recognize and respond to the particular support and protection needs of certain groups of HRDs, including journalists, women HRDs and HRDs working on issues of SOGI and extractive industries.
Done in Banjul, The Gambia on 20th October, 2013
