CRES\001\4\2015: RESOLUTION ON THE SITUATION OF HUMAN RIGHTS IN GUINEA-BISSAU

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CRES\001\4\2015: RESOLUTION ON THE SITUATION OF HUMAN RIGHTS IN GUINEA-BISSAU

We, the participants of the Forum on the Participation of NGOs in the 56th Ordinary Session of the African Commission on Human and Peoples’ Rights and the 30th African Human Rights Book fair held in Banjul, The Gambia from 16th to 19th April 2015;
Considering, that Guinea-Bissau is a party to the African Charter on Human and Peoples’ Rights, and has ratified most of the international and regional instruments for the promotion and protection of human rights;
Concerned that since gaining Independence in 1973, not a single government has completed its mandated term and Guinea-Bissau has been facing continuous instability, characterized by frequent high level of political assassinations, coup d’états, political prosecutions and forced resignation from office, throughout its 41 years’ existence as an independent state;
Deeply concerned by the fact that the 41 year instability since independence generated numerous human rights violations and a culture of impunity for violations such as of the right to life; including unlawful killings, extrajudicial executions and political assassinations;
Further concerned that other violations include abduction, torture, arbitrary arrests and prolonged detention of political opponents and civil society representatives like, ban on freedom of expression and communications, denial of justice, violence against women, child labour, human trafficking, drug trafficking, all coupled with extreme poverty due to the non-realization of economic and social rights;
Preoccupied by the failure of successive Governments to bring to justice those responsible for the abuses and those victims are yet to be reinstated in their rights;
Recalling that past amnesty laws adopted by successive Governments have been inconsistent with international human rights standards and have generated more human rights violation
Cognizant that following the 12th April 2012 coup d’état, Guinea Bissau was led by a transitional Government and that the transitional period ended when the current government was installed in May, 2014, following democratically held elections;
Stressing that Guinea Bissau has been the first participating country to follow-up on the outcome recommendations of the December 2011 International Conference on Impunity, Justice and Human Rights, held in Bamako by organizing a National Conference on Impunity, Justice and Human Rights in July, 2013;
Taking note that it was the first time the issue of impunity was discussed openly amongst all national stakeholders during a national conference which recommended the fight against impunity by strengthening the justice system, the establishment of an International Commission of Inquiry (CoI) to investigate political crimes since independence; and the holding of public consultation on a truth and reconciliation;
Recalling the United Nations Security 2203 (2015) which inter alia underlines that ‘ any lasting solution to instability in Guinea-Bissau should include concrete actions to fight impunity and ensure that those responsible for politically motivated assassinations and other serious crimes such as drug trafficking-related activities and breaches of constitutional order are brought to justice, including through transitional justice mechanisms’,
Bearing in mind that Security Council Resolution 2203 (2015) mandated the United Nations Integrated Peace-Building Office in Guinea Bissau (UNIOGBIS) to assist national authorities in the promotion and protection of human rights as well as undertaking human rights monitoring and reporting activities. The Mission is also mandated to provide strategic and technical advice and support to the Government in combating impunity with respecting human rights and fundamental freedoms;
Deeply concerned by future risk of instability which could be triggered by the noticeable individual conflict between the President and the Prime Minister and which could result in further human rights violations;
Considering that Resolution 2203 (2015) mandated UNIOGBIS to collaborate with the African Union, ECOWAS and the Community of Portuguese Speaking Countries (CPLP);
1. Call on the new Government to follow-up on the recommendations of the National Conference on Impunity of July, 2013 and to allow for the establishment of an independent international commission for inquiry in order to ensure prompt, impartial, effective and independent investigations into all past cases of human rights violations;
2. Call on the African Union, ECOWAS, CPLP in collaboration with the UNIOGBIS and other relevant UN Bodies, to support the establishment of an international commission of inquiry to investigate past human rights abuses;
3. Encourage the new Government to establish accountability mechanisms which conform with international standards of independence and impartiality in order to bring an end to impunity and ensure that all actions responsible for currently and past abuses are held accountable for their actions;
4. Encourage new Government of Unity to ensure the protection of defenders and to create an enabling environment for them to pursue their legitimate work;
5. Call on Members of the African Commission on Human and Peoples’ Rights and its Special Mechanisms to get interested in the situation of human rights in Guinea-Bissau;
6. Call on the Commissioner in charge of Guinea-Bissau to undertake a country visit to Guinea Bissau, to the main land and its Islands.
Done in Banjul, The Gambia – 19th April, 2015