TRES/004 /10/2013 Resolution on the Right to Reparation and Implementation of the Commission’s Decisions

We, the participants of the NGO Forum preceding the 54^th Ordinary Session of the African Commission on Human and Peoples’ Rights (ACHPR) and the 28^th African Human Rights Book Fair held from 18^th – 20^th October, 2013 in Banjul, The Gambia

Recognising that victims, their rights and their well-being ought to be at the centre of all decisions and deliberations on violations of human and people’s rights;

Emphasising that the right to a remedy and reparation for victims of human rights violations is a well-established and basic human right enshrined in international law;

Recognising that since the entry into force of the African Charter in 1986, important international instruments have been adopted providing further content to victims’ right to reparation, including in particular the UN Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law of 2005[1], the Nairobi Principles on Women’s and Girls’ Right to a Remedy and Reparation of 2007,[2] and the Committee against Torture’s General Comment No.3: Implementation of Article 14 by State Parties  adopted in December 2012;[3]

Recognising further the African Commission’s adoption of important and progressive instruments on the right to reparation in a regional context, including the Robben Island Guidelines, the Fair Trial and Legal Assistance Principles and Guidelines, the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa and the Resolution on the Right to a Remedy and Reparation for Women and Girls Victims of Sexual Violence; [4]

Highlighting that these instruments stipulate for reparation to be adequate, effective and comprehensive, and include restitution, compensation, rehabilitation, satisfaction and guarantees of non- repetition;

Taking further into consideration the goals of reparation to restore the dignity of the victims and to prevent re-occurrence of violations;

Recalling the African Commission is mandated to “make findings on violations or otherwise, with a view to safeguarding the enjoyment of human and peoples’ rights and fundamental freedoms and providing redress for breaches thereof;”[5]

Considering that the African Charter mandates the African Commission to provide guidance to States on how to ensure compliance with their obligations under the African Charter, including through the adoption of resolutions and General Comments on the provisions of the African Charter and related instruments adopted by the Commission;

Taking into consideration that the Commission is often the last resort for victims to turn to for justice, including reparation, and that the Commission is the most important regional human rights body to uphold the rights of victims in Africa;

Considering that the Commission has rendered important decisions recommending States to take a variety of measures of reparation to redress violations of the African Charter, but that the Commission’s decisions do not always fully and consistently reflect victims’ right to reparation under international law, including the African Charter;

Concerned that the vast majority of victims of human rights violations do not receive adequate reparation at national level, including in Africa, and that State parties to the Charter frequently fail to comply with their obligation to provide reparation to victims;

Further concerned by the failure of State parties to the Charter to comply with the Commission’s rulings and recommendations, undermining the Commission and resulting in a denial of justice to victims in Africa;

Calls upon the African Commission to:

• Adopt a resolution on victims’ right to reparation that brings together regional and international standards, sets out the Commission’s position on the right to reparation for victims of violations of the African Charter, and provides guidance to state parties on the effective implementation of the right to reparation;
• Promote victims’ right to reparation at the national level in the margins of its promotional visits to state parties and in its concluding observations on states’ periodic reports, and by encouraging state parties to adopt a comprehensive policy and legislation providing for the right to reparation at national level;
• Place greater emphasis on the right to reparation throughout the Communication process before the Commission, including by ensuring that reparations awarded reflect the gravity of the violations and recommending states to provide for restitution, compensation, rehabilitation, satisfaction and guarantees of non-repetition as appropriate;
• Makes greater use of Rule 99 (3) of its rules of procedure for separate hearings on reparation and implementation, where applicable, in particular in the context of serious and massive violations, to ensure that the needs of victims and the nature of reparation they require is considered.
• Calls on state parties to appoint a focal point for implementation of its decisions.

Done  in Banjul, The Gambia on 20^th October, 2013