Resolution on the Death Penalty on Africa

We the participants, at the Forum on the Participation of NGOs at the 34th Ordinary Session of the African Commission on Human and Peoples’ Rights, and at the 8th Book Fair on Human Rights in Africa, held at the Corinthia Atlantic Hotel, Banjul, from 3rd to 5th November, 2003,

Recalling Article 3 of the Universal Declaration of Human Rights which asserts the right to life for all individuals, article 3 of the International Pact relative to civil and political rights, as well as article 6 and paragraph a) of article 37 of the Convention regarding the Rights of the Child;

Also Recalling United Nations General Assembly Resolution 2857 (XXV1) and 32/61, dated 20 December 1971 and 8 December, 1977 respectively, as well as Resolution 44/128 of 15 December, 1989, in which the General Assembly adopted and opened for signing, ratification and support the second Optional Protocol to the International Pact pertaining to civil and political liberties, aimed at abolishing the death penalty;

Recalling article 4 of the African Charter on Human and Peoples’ Rights guaranteeing the right to life, articles 5.3 and 30.(e) of the African Charter on the Rights and Well-Being of the Child stipulating that children committing crimes shall not be sentenced to death and prohibits that the death penalty be passed on mother of minors;

Recalling Article 4.j) of the Protocol of the African Convention on Human and People’s Rights relative to Women’s rights in Africa which stipulates that in countries where this penalty still exists, the death penalty shall not be pronounced against pregnant or nursing mothers;

Recalling the resolution of the African Commission on Human and Peoples’ Rights dated, 15 November, 1999, urging States to implement a moratorium on executions and encouraging them to abolish the death penalty;

Taking note of the fact that sentencing to capital punishment is often conducted in an arbitrary and discriminatory manner;

Deeply concerned at certain countries’ application of the death penalty without taking into account of the limits set out in the Pact and in the Convention relative to the Rights of the Child, and the guarantees for the safeguard of the of the rights of the person facing the death penalty;

The Participants of the Forum call on the Commission to:

1. Encourage all the States in Africa which have not yet abolished the death penalty to do so once and for all;

2. Appeal to all States which maintain the death penalty:

a) to refrain from sentencing youths under the age of 18 years, pregnant women, mothers with very young children or mentally challenged people to death;

b) to only pass a death penalty on the basis of a final judgment pronounced by a competent, independent and impartial court and to guarantee the right to a fair trial;

c) to ensure that all the legal procedures especially those engaged before emergency tribunals are in conformity with the guaranties attendant to the procedures stipulated in article 14 of the International pact on civil and political rights;

d) ensure that the death penalty is not pronounced for non-violent actions such as religious practice and/or the expression of beliefs or sexual relations between consenting adults;

e) to ensure the immediate cessation of all forms of execution especially cruel or inhuman punishments, such as death by stoning or crucifixion;

f) to institute a moratorium on all executions;

g) to make public all information on the enforcement of the death sentence;

3. Appeal to States to refuse to extradite persons likely to be sentenced to death in the country of extradition;

4. Urge the Commission to include the question of the Death Penalty in its Agenda for the 35th Session.

Done in Banjul, November 5th, 2003.