TRES\003\11\2015: THEMATIC RESOLUTION ON THE SADC TRIBUNAL
TRES\003\11\2015: THEMATIC RESOLUTION ON THE SADC TRIBUNAL
We, the participants of the Forum on the Participation of NGOs in the 57thOrdinary Session of the African Commission on Human and Peoples’ Rights and the 31st African Human Rights Book fair held in Banjul, The Gambia from 31st October–2nd November 2015;
Concerned about the adoption of an amended Protocol reconstituting the SADC Tribunal from a sub-regional court accessible to all SADC citizens, NGOs and the corporate sector into an inter-state dispute resolution mechanism;
Recognising the negative impact of removal of access and the human rights protection mandate of the SADC Tribunal for SADC citizens;
Disturbed by the retrogressive step by SADC Heads of State and Government in turning the SADC Tribunal into an interstate dispute resolution mechanism contrary to current normative frameworks which provide for courts accessible not only to states but also to natural and legal persons seeking to hold states accountable for alleged human rights violations;
Concerned that the decision of the SADC Summit of Heads of State and Government does not comply with the Abuja Treaty on the establishment of an African Economic Community in that SADC is now out of step with the other sub-regional economic communities with accessible human rights protection mechanisms;
The NGOs Forum calls upon the African Commission to adopt a Resolution calling upon SADC States:
- To reinstate the SADC Tribunal in its original form where it is accessible to individuals, NGOs and the corporate sector and has a mandate to protect human rights and ensure respect for the SADC Protocols and related international human rights instruments ratified.
- To respect access to justice, right to effective remedies and judicial independence at the regional level.
- Not to ratify the amended SADC Tribunal Protocol.
- Appoint Judges of the SADC Tribunal and guarantee its independence and open the sub-regional judicial body to all SADC citizens, NGOs, corporate sector and Member States.
Done at Banjul, The Gambia, on Monday, 2nd November 2015
