TRES/001/04/16: RESOLUTION CONDEMNING THE ATTACKS ON HUMAN RIGHTS DEFENDERS OF CUSTOMARY LAND RIGHTS IN THE REPUBLIC OF SOUTH AFRICA
TRES/001/04/16: RESOLUTION CONDEMNING THE ATTACKS ON HUMAN RIGHTS DEFENDERS OF CUSTOMARY LAND RIGHTS IN THE REPUBLIC OF SOUTH AFRICA
We, the participants of the Forum on the Participation of NGOs in the 58th Ordinary Session of the African Commission on Human and Peoples’ Rights from 3rd-5th April, 2016 at the Paradise Suites Hotel in Senegambia, The Islamic Republic of The Gambia;
Recalling the African Commission’s mandate to promote and protect human and peoples’ rights pursuant to the African Charter on Human and Peoples’ Rights (the African Charter);
Further recalling ACHPR Resolution 224 of 2012 on Human Rights-Based Approach to Natural Resource Governance and in particular its emphasis on the disproportionate impact of human rights abuses related to natural resources upon the rural communities in Africa that continue to struggle to assert their customary rights of access and control of their land and other resources;
Reaffirming that State Parties in accordance with the African Charter, the State has the main responsibility for ensuring natural resources stewardship with, and for the interest of, the population and must fulfil its mission in conformity with international human rights law and standards;
Also reaffirming Articles 14, 20, 21 and 24 of the Charter as elaborated by the 2011 Tunis Reporting Guidelines and the 2010 Nairobi Implementation Guidelines on Economic, Social and Cultural Rights, particularly in protecting the rights of people to pursue their social and economic development in terms of policies they have freely chosen; to freely dispose of their natural resources in the exclusive interest of the people; and to a generally satisfactory environment;
Emphasising Articles 9, 10 and 11 of the Charter which protects the rights of expression, association and assembly and Resolution;
Noting also the Resolution on Protection of Defenders of Economic, Social and Cultural Rights adopted by the Human Rights Council earlier this month and supported by the Republic of South Africa;
Recalling the obligations of the Republic of South Africa under the African Charter and other international and regional human rights instruments in particular:
Deeply concerned about the recent assassination of Mr Bazooka Rhadebe, a community activist from Xolobeni who worked tirelessly for the protection of his community’s land, environmental and development rights against titanium mining developments planned for the area;
Further concerned about the violent attacks on related community activists and journalists at the funeral of Mr Rhadebe in full view of the police;
Noting that the police has been aware of attacks on the lives of human rights defenders in the area for some time without taking any effective action;
Noting also that the South African State delegation was alerted to and questioned about the violence in the Xolobeni community against human rights defenders by the Human Rights Committee on 7-8 March 2016 in Geneva prior to the assassination of Mr Rhadebe;
The NGO Forum calls on the African Commission on Human and Peoples’ Rights to:
– Strongly condemn the attacks perpetrated against human rights defenders of community rights to resources in South Africa;
– Call upon the Government of the Republic of South Africa to:
(a) Fully investigate the circumstances leading to the attacks on the lives of Mr Rhadebe and others in his community known for defending the community’s land, environmental and development rights;
(b) Ensure that all the perpetrators of the attacks are brought to justice and held accountable for their actions in accordance with the law;
(d) Take appropriate measures to ensure that the rights of all human rights defenders are protected in accordance with the applicable domestic, international and regional human rights instruments with special emphasis on the members of rural communities defending their resource rights;
(e) Comply with its obligations under the African Charter and all other international and regional human rights obligations; and
(f) Take immediate steps to ensure the right of Free, Prior and Informed Consent of communities whose resources are under threat is complied with in conformity with the Commission’s Resolution 224.
Done in Banjul, Islamic Republic of The Gambia – 5 April 2016.
