Resolution on the Death Penalty

We, the participants of the NGO Forum participating at the 36th Ordinary Session of the African Commission on Human and Peoples’ Rights and the 10th African Book Fair on Human Rights held at NGOR DIARAMA from 20th to 22nd November 2004,

Recalling that death penalty remains more than ever a topical issue, be it in terms of the risk of conviction to death penalty in the majority of African countries or the resumption of executions in some States;

Underscoring that death penalty is against human dignity and contradicts the very notion of the freedom of the human being by its irreversible character;

Underscoring that death penalties are often passed after unfair trials and that people from minorities or foreigners are convicted to death penalty in disproportionate numbers;

Recalling that the international law fosters the abolition of the death penalty since it is a restriction to the right to life and that several international and regional instruments abolish the death penalty;

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

1. NGOs present at the Forum request the African Commission on Human and Peoples’ rights to call upon:

1. de jure abolitionist States to sensitize other States to the need of abolishing the death penalty and actively support the world day against the death penalty (10th October);
2. de facto States to change from moratorium (de jure or de facto) to abolition incorporated in their legislation;
3. retentionist States to respect in all circumstances the guarantees provided for by the international law with regard to the death penalty, limit the number of crimes calling for the death penalty, and adopt a moratorium as soon as possible as a first step towards the abolition of the death penalty;
4. the States to ratify the second Optional Protocol relating to the International Covenant on Civil and Political Rights aimed at the abolition of the death penalty;
5. the Member States of the African Union to prepare a Protocol to the African Charter on Human and Peoples’ Rights providing for the abolition of the death penalty.

Done at Dakar, on 22nd November 2004
The Forum