Resolution on the Adoption of the “Lilongwe Declaration and Plan of Action on Promoting Access to Justice in the Criminal Justice System In Africa, 2006”

We, the representatives of non-governmental organisations attending the NGO forum preceding the 40th Ordinary Session of the African Commission on Human and Peoples’ Rights,

Considering the provisions of the African Charter on Human and Peoples’ Rights relating to the right to a fair trial, in particular Articles 7 and 26;

Recalling the resolution on the Right to Recourse and Fair Trial adopted by the Commission at its 11th Ordinary Session in Tunis, Tunisia, in March 1992 and the resolution on the Respect and the Strengthening of the Independence of the Judiciary adopted at the 19th Ordinary Session held in Ouagadougou, Burkina Faso, in March 1996;

Further recalling the recommendations of the Seminar on the Right to a Fair Trial in Africa held in collaboration with the African Society of International and Comparative Law and Interights, in Dakar, Senegal, from 9-11 September 1999;

Recognising the Resolution on the Right to a Fair Trial and Legal Assistance in Africa, 1999 (Dakar Declaration);

Further recognising the importance of the right to a fair trial and legal assistance and the need to strengthen the provisions of the African Charter relating to this right;

Taking into account the Principles and Guidelines on the Right to a Fair Trial and Legal Assistance in Africa, 2001;

Noting the concern of African heads of prisons with prison conditions and overcrowding as reflected in the Kampala Declaration on Prison Conditions in Africa 1996 and Ouagadougou Declaration on Accelerating Prison and Penal Reform in Africa 2002 and the role to be played by civil society and paralegals;

1. Urge the African Commission on Human and Peoples’ Rights to promote Access to Justice in the Criminal Justice System in Africa by adopting the attached Lilongwe Declaration and Plan of Action;

2. Further urge the secretariat of the Commission to forward the Lilongwe Declaration and Plan of Action to Ministries of Justice and Chief Justice of all States parties, Bar Associations and law schools in Africa and non-governmental organisations with observer status, and to report to the 41st Ordinary Session of the Commission in this regard;

Done in Banjul, 14th November, 2006