TRES\004\11\2015: THEMATIC RESOLUTION ON THE SADC REGION

TRES\004\11\2015: THEMATIC RESOLUTION ON THE SADC REGION

We, the participants of the Forum on the Participation of NGOs in the 57^thOrdinary Session of the African Commission on Human and Peoples’ Rights and the 31^st African Human Rights Book fair held in Banjul, The Gambia from 31^st October–2^nd November 2015;

Concerned that while the overall picutre of the SADC region is retrogressing, some countries in the region have registered some positives gains, yet some of these positive gains are being threatened;

Cognizance of the fact that the region has been going through many crisis that emerge because of lack of compliance with the basic rights guaranteed in the African Charter on Human and Peoples Rights, the rule of law, access to justice, poverty draconian laws that restrict multi-party system, trade unions and civil Society

Coupled with the resistance to participation of CSOs in regional integration programs which remains a key concern that CSOs, Human Rights Defenders continue to face;

The NGOs Forum calls upon the African Commission to adopt a Resolution on the following SADC countries as follows:

1. Angola

Concerns over state’s interference and intimidation of human rights defenders with the recent detention of 15+2 activists, journalists and women human rights defenders

Concerns over the current draft new law which is aimed at restricting the work of human rights defenders and Civil Society.

• Resolution:

1. adopt a resolution in support of the recent UN Special Rapporteur which called on Angola to release the 15+2 human rights defenders and drop all charges against them.
2. urge the Angola’s government to suspend the process of drafting this new law until all grey areas impinging on Civil Society’s work are cleared
3. restore access to justice for citizens in the SADC by reinstating the SADT Tribunal in its original form and encourage State Parties to provide access to justice by not ratifying the amended SADC Tribunal.
4. Malawi

Commend Malawi government for its maiden appearance for the review of its state report at the 56^th session of the African Commissions on Human and Peoples Rights,

Concerns over the politicization of the Malawi NGO board and through the use of NGO law– whose origins, lest we forget, was to stifle opposition to a third term bid of former President Bakili Muluzi –  to restrict and stifle the civil society space especially against “human rights defenders” deemed critical of government,

Concerns over Malawi government’s use of the Special Advisor to the President on NGOs and Civil Society and the National Intelligence Bureau (NIB) to destabilize and stifle the Civil Society space and activities, as well as instilling fear and intimidation in the operations of human rights defenders,

Concerns over the politicization of the state-run Malawi Broadcasting Corporation against human rights defenders, opposition leaders and critics of government,

Cncerns over Malawi government’s failure to condemn and investigate the recent threats against human rights defenders, journalists, and opposition politicians

Resolutions:

1. ensure the independence of the Malawi Broadcasting Corporation by amongst other things fleeing it from any political influence especially such activities against the “critics” of government and human rights defenders.
2. Condemn all the recent threats against human rights defenders, politicians, Anti Corruption Bureau boss, and journalists. Institute investigations into these threats as well as conclude on those concerning the arbitrary arrests, death threats and arson of offices and homes of human rights defenders, some media houses and opposition politicians in 2011. This includes the July 20, 2011 brutal killings and student activist Robert Chasowa’s murder as well as the murder of the Malawi Anti –Corruption Bureau officer.
3. to Depoliticize the NGO board, the National Intelligence Bureau, and the Special Advisor on NGOs and Civil Society and stop using them as government’s agents of suppressing, restricting, and stifling the Civil Society space in Malawi
4. to honour its commitment to the African Charter on Human and Peoples Rights and other international human rights instruments to which Malawi is party to by ensuring protection of human rights defenders and Civil Society through provision of an enabling and conducive environment providing protection to human rights defenders and providing a conducive and enabling environment free for Civil Society activities- from political interference.
5. restore access to justice for citizens in the SADC by reinstating the SADT Tribunal in its original form and encourage State Parties to provide access to justice by not ratifying the amended SADC Tribunal.

3. Mozambique

Concerns over the hostile political climate and environment which is not conducive to political tolerance;

Concerns over the detention of 20 opposition members as well as deteriorating violations of women’s rights, shrinking democratic and rule of law space as the general political instability in the country which is grossly affecting the work of human rights defenders as well as the citizens’s full realization and enjoyment of democracy,  freedom of expression, information and political tolerance.

Resolution:

1. Release the 20 opposition members
2. detained restore access to justice for citizens in the SADC by reinstating the SADT Tribunal in its original form and encourage State Parties to provide access to justice by not ratifying the amended SADC Tribunal.
3. Lesotho

Concerned over governments’ political intolerance as well as impingement on the freedom of expression and information,

Concerned about the repeated political, conflict faced for many years in this country,

Concerned about the unlawful detention of 23 soldiers who remain imprisoned

Resolution: 

1. allow democracy and freedom of expression, information and political tolerance to prevail
2. to ensure the full cooperation from both sides to bring investigations of allegations to a mutuality to end, as well as allowing a lasting peaceful solution to the political conflict
3. to release the 23 soldiers illegally detained without further delay
4. cooperate with the Commission of Inquiry and SADC Principles and legal framework.
5. restore access to justice for citizens in the SADC by reinstating the SADT Tribunal in its original form and encourage State Parties to provide access to justice by not ratifying the amended SADC Tribunal.

5. Tanzania

The Forum welcomes the peaceful elections held in Tanzania, however, there have been some concerns raised by some quarters particularly the opposition over some irregularities which may have characterized the electoral process with rigging claims as some.

Resolution:

1. to institute investigations into the alleged claims of rigging
2. restore access to justice for citizens in the SADC by reinstating the SADT Tribunal in its original form and encourage State Parties to provide access to justice by not ratifying the amended SADC Tribunal.
3. Swaziland

Concerns over the draconian laws that limit the space of CSOs and citizens participation as well as advance of democracy and human rights in Swaziland,

Resolution:

1. Repeal the draconian law that restrict the space of human rights defenders and the work of the Civil Society
2. Legislate laws in line with the African Commission’s Study Group on Freedom of Association
3. restore access to justice for citizens in the SADC by reinstating the SADT Tribunal in its original form and encourage State Parties to provide access to justice by not ratifying the amended SADC Tribunal.
5. South Africa

Concerns over the continuous corruption that has revealed over 700 billion stolen in states departments which has left many communities severely disadvantaged as water, food, sanitation, education, health remain undelivered

Concerned for the right to assembly by demonstrators is violated leaving them with no alternative to raise their issues of corruption and police impunity is allowed to prevail for a long time.

Congratulate the students for a successful protest against school fees increase and those who began the protest which we call the Afro-Youth spring that started from Nigeria, Kenya, and all the youth to join and fight corruption and demand delivery of economic and social rights services – the right to education is promoted and protected by the African human rights mechanisms

Resolution:

1. Guarantee the right to freedom of assembly and association
2. Guarantee the right to education is promoted and protected as guaranteed in national and regional instruments.
3. restore access to justice for citizens in the SADC by reinstating the SADT Tribunal in its original form and encourage State Parties to provide access to justice by not ratifying the amended SADC Tribunal.
4. Zimbabwe

Concerns of threats and intimidation against human rights defenders and also attempts to stifle the voice of CSOs,

Resolution:

1. to honour its commitment to the African Charter on Human and Peoples’ Rights and other international human rights instruments to which Zimbabwe is party to by ensuring protection of human rights defenders and Civil Society through provision of an enabling and conducive environment providing protection to human rights defenders and providing a conducive and enabling environment free for Civil Society activities- from political interference

1. restore access to justice for citizens in the SADC by reinstating the SADT Tribunal in its original form and encourage State Parties to provide access to justice by not ratifying the amended SADC Tribunal.

Done in Banjul, The Gambia – 2^nd November, 2015