Resolution on the Situation of Human Rights Defenders in Africa

The Forum on the Participation of NGOs in the 34^th Ordinary Session of the African Commission on Human and Peoples’ Rights and the Eighth Human Rights Book Fair, Held at the Corinthia Atlantic Hotel in Banjul, from November 3-5 2003,

Recalling that the African Charter on Human and Peoples’ Rights recognises that “the Commission shall draw inspiration from international instruments on human and peoples’ rights” and considering in particular articles 9(2), 10(1), 12(1) and 12(2) of the African Charter on Human and Peoples’ Rights;

Considering the adoption by consensus on 9th December 1998 of the Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms (Declaration on Human Rights Defenders);

Considering the work and mandate of the UN Special Representative of the Secretary-General on the situation of Human Rights Defenders;

Considering the address made by the UN Special Representative of the Secretary-General on the situation of Human Rights Defenders at the 31st Ordinary Session of the Commission held in Tshwane, South Africa from 2 to 16 May 2002;

Mindful that in the Grand Bay (Mauritius) Declaration, the Organisation of African Unity called on African Governments “to take appropriate steps to implement the U N Declaration on Human Rights Defenders in Africa”;

Recording the decision of the Commission to include the consideration of the situation of human rights defenders in Africa as a fixed item on its agenda (item 6);

Recalling its debates at previous Sessions on the situation of human rights defenders in Africa;

Noting the Report of the United Nations Secretary- General on Human Rights Defenders reminding that human rights defenders “form the base that regional and international human rights organizations and mechanisms build upon in the promotion and protection of human rights” and that “as a result of their involvement in the struggle for human rights, the defenders are often the first victims of human rights violations”^[1];

Concerned over the persistence in Africa of actions that directly or indirectly prevent or hinder the work and security of individuals, groups or organisations working to promote and protect human and peoples’ rights, including obstacles on access to funding for human rights activities;

Gravely concerned about the growing risks faced by human rights defenders and their families in the context of anti-terrorist measures and security legislation in Africa;

Noting with deep concern that impunity for threats, attacks and acts of intimidation against human rights defenders persists and that this impacts negatively on the work and safety of human rights defenders :

1. Expresses deep concern over the continued persecution of human rights defenders in Africa;

2. Reiterates its support for the work carried out by human rights defenders in Africa and recognises their crucial contribution to the protection and promotion of human  and peoples’ rights in the continent;

3. Calls upon African States to promote and give full effect to the  UN  Declaration on Human Rights Defenders;

4. Calls upon African States to take all necessary measures to ensure the protection of human rights defenders;

5. Invites all Commissioners carrying out promotional activities and in particular the Special Rapporteurs of the African Commission on Human and Peoples’ Rights to examine the situation of human rights defenders in the countries they visit and to enquire with the relevant national authorities on the measures taken to ensure human rights defenders can carry out their activities freely;

6. Further Invites African States to include information on measures taken to protect human rights defenders in their periodic reports to the Commission;

7. Decides to establish a focal point/Special Rapporteur [within the ACHPRs] to seek, receive, examine and respond to information on the situation and rights of human rights defenders and to communicate and exchange information with States, the United Nations and in particular with the UN Special Representative on Human Rights Defenders; with non-governmental organisations and other interested parties;

8. Urges African governments to cooperate and assist the UN Special Representative as well as the focal point/Special Rapporteur of the Commission in the performance of their tasks and to furnish all information for the fulfilment of their mandate upon request;

9. Requests the OAU/AU, ECOWAS, SADC and other sub-regional organisations to provide all possible assistance and support to the Commission in the implementation of this resolution;

10. Asks the focal point/Special Rapporteur of the Commission to report at the 35th Ordinary Session of the African Commission on Human and Peoples’ Rights on the implementation of this Resolution;

11. Decides to continue consideration of the question of human rights defenders as a matter of priority at its next session.

Done in Banjul, November 5^th , 2003