STATEMENT ON BEHALF OF PATICIPANTS OF THE FORUM OF NGOs AT THE OFFICIAL OPENING OF THE 63rd ORDINARY SESSION OF THE AFRICAN COMMISSION ON HUMAN AND PEOPLES’ RIGHTS
24th OCTOBER 2018
CORAL BEACH HOTEL, BANJUL, THE GAMBIA
Your Excellency, Mr. Ousainou Darboe, The Vice President of the Republic of The Gambia;
Hon. Calixte Aristide Mbari, representing Her Excellency, Madame Minata Samate Sesouma, Commissioner for Political Affairs, African Union Commission ;
Hon. Abubacarr Tambedou, Attorney General and Minister of Justice of The Republic of the Gambia;
Honourable Madame Soyata Maiga, Chairperson of The African Commission on Human and Peoples’ Rights (ACHPR);
Hon. Vice Chairperson, Hon. Lawrence Mute and Members of the African Commission;
My Lord, Sylvain Ore, President, African Court on Human and Peoples’ Rights; and Hon. Members of the African Court on Human and Peoples’ Rights (AfCHPR);
Honourable Chairperson and Members of the Committee of Experts on the Rights and Welfare of the Child;
Honourable Members of the African Union Organs here present; Representatives of African Union Member States;
Hon. William Lifongo, Senior Human Rights Officer representing H.E. Mohamed Ibn Chambas, Special Representative of the UN Secretary General for West Africa and The Sahel (UNOWAS);
Honourable Mahamane Cisse-‐Gourro, Chief, Africa Section, Office of the United Nations High Commissioner for Human Rights;
Special Mandate Holders of the United Nations here present;
Hon. Dominique Delpuech, Representive of La Organisation Francophone;
Hon. Representative, and Members of the Network of National Human Rights Institutions Your Excellencies, The Dean and Members of the Diplomatic and Consular Corps, Honourable Ministers of the Republic of The Gambia;
Your Lordships, Justices of the High Court;
Honourable Members of The Bar and Bench;
Honourable Members of the National Assembly;
Members of the African Centre for Democracy and Human Rights Studies Governing Council; Members of the NGO Forum Steering Committee;
Distinguished State Representatives; Venerable Religious and Traditional Leaders; Representatives of National Human Rights Institutions; Representatives of National and International NGOs; Representatives of the Press; Distinguished Ladies and Gentlemen;
All protocols respectfully observed
On behalf of my colleagues of the Forum on the Participation of NGOs in the 63rd Ordinary Session of the African Commission on Human and Peoples’ Rights, it is with pleasure and a great sense of duty that I deliver this statement on this auspicious occasion. At the onset, please allow me, on behalf of all the participants of the NGO Forum, and indeed on my own behalf, to thank the Chairperson Soyata Maiga and Members of the African Commission for affording us this opportunity.
Your Excellencies, Distinguished Ladies and Gentlemen,
Participants have asked that I extend our gratitude to the Government and people of The Gambia for the hospitality extended, in facilitating the activities of the 63rd Ordinary Session and to express the appreciation of the Forum of NGOs for the continued cordiality accorded them since their arrival on the soil of the ‘Smiling Coast of Africa’.
Your Excellencies, Distinguished Ladies and Gentlemen,
The Forum on the Participation of NGOs in the 63rd Ordinary Session on the African Commission on Human and Peoples' Rights and the 34th sAfrican Human Rights Book Fair, organised and facilitated by the African Centre for Democracy and Human Rights Studies in collaboration with the African Commission on Human and Peoples’ Rights, and other distinguished partners, was held at the Paradise Suites Hotel from 20-‐22 October, 2018. The turnout at the Forum was noteworthy with objective debate on issues of mutual and professional interest leading to the adoption of commendable outcomes. About 230 representatives from 35 African countries participated in addition to participants from Denmark, France, Netherlands, Norway, Sweden, Switzerland, the United Kingdom and the United States of America.
Guided by the provisional agenda for the 63rd Ordinary Session of the African Commission, the development of the programme was a collective endeavour, circulated prior to the said Forum and prepared in consultation with all stakeholders, namely: the NGOs Steering Committee, all interested participants, the Secretariat of the African Commission and the ACDHRS Governing Council respectively, with the aim to review and formulate strategies and recommendations on the following three main themes :
- the Developments on the Situation of Human Rights and Democracy in Africa;
- the Review of Specific Human Rights Relevant to the Work of the African Commission; and
- Networking for Human Rights in Africa.
The full report of the Forum together with the adopted resolutions and recommendations will be forwarded, for the kind consideration of your distinguished body, as our contribution to your deliberations at this 63rd ACHPR Session.
Distinguished Ladies and Gentlemen,
We crave your indulgence as we present to you a few highlights of the said deliberations.
Ten plenary panels and fourteen breakaway special interest groups, provided the participants the opportunity to reflect on issues of mutual concern during three days filled with deliberations, sharing and networking at an expert level indicative of the professionalism that civil society has attained in a number of specialized themes of corruption, human rights and governance, among others.
During the review of the situation of human rights and democracy on the continent, The Forum on the Participation of NGOs in the Work of the African Commission on Human and Peoples’ Rights applauded positive developments in the situation of human rights and democracy. No doubt, the challenge of curbing corruption is a daunting preoccupation of many countries around the world and particularly in Africa. The need to develop legislation on the protection of human rights defenders in countries, including Tanzania was mutual However, it was asserted that a lot more needed to be done as many African countries continue to face challenges of insecurity; a rise in violence and terror attacks particularly in Libya, Democratic Republic of Congo, among others; disease; criminalisation of poverty and petty crimes; corruption; unemployment; arbitrary detention and extrajudicial killings; restrictions on civil society space; posed serious threats to peace and security, especially the escalating violence in some of these countries.
With emphasis on those countries whose State reports will be considered during this session, Angola, Botswana and Togo were discussed while the volatile situation in other countries including Burundi, Central Africa Republic, Democratic Republic of Congo, Cameroon, Egypt, Gabon, Somalia, South Sudan and Togo were highlighted.
The shrinking and or closing of civic space remained on the agenda, with participants concerned about the existence of restrictive legislation that pays little or no attention to neither the African Commission’s standard nor their own Constitutions. Prosecution of several human rights defenders on trumped up charges, which has led to judicial harassment into the work of independent human rights organizations continue to take place
Madame Chairperson, Distinguished Ladies and Gentlemen,
The Forum commemorated African Human Rights Day under the 2018 AU Theme focussing on the fight and combat against Corruption; the 70 years of the Universal Declaration of Human Rights; 20 years of the Declaration on Human Rights Defenders; 5 years of the the UN General Assembly Resolution 68/181 on Women Human Rights Defenders and 15 years of the Maputo Protocol, with a focus on the rights of Older Women.
It is not secret that corruption breeds poverty and has a negative impact on economic, social and political development. Despite efforts made to prevent this plague in African societies, it is widespread and no country is immune from the grip of corruption, as in the case of the missing millions in Liberia, among other disturbing stories were shared. It is increasingly alarming that existing policies are not making much impact, as expected. The role of civil society in monitoring and assessing effective implementation and enforcement, therefore, was recognised and cannot be overemphasised.
Furthermore, it was noted that the Convention on combatting corruption is not even as widely ratified and or implemented. While noting that a number of states have put in place mechanisms for the prevention and combatting of corruption, many more efforts need to be made to ensure success in the drive to wipe out this cancer in society
The Universal Declaration of Human Rights (UDHR) has inspired many human rights documents including the African Charter on Human and Peoples’ Rights. At 70, the UDHR still remains unknown to many citizens in Africa. To contribute towards this commemoration, the Office of the High Commission for Human Rights (OHCHR) launched a campaign in which participants pledged to uphold the principle of ensuring All human rights for all. It was agreed that education on human rights is at the heart of the solution and therefore cannot be ignored if we want to nurture a culture of human rights, good governance, peace and security. Sensitization of the populace of Africa and giving priority to the dispensing of and access to justice is a precondition for success. It was observed that while all African States but Morocco have ratified the African Charter. We therefore call on the State of Morocco to ratify, domesticate and implement the said Charter to enable universal ratification and enjoyment of all rights enshrined in the Charter by all Africans.
Distinguished Ladies and Gentlemen,
The Forum reviewed the draft General Comment on the African Charter: The Right to Free Movement and Residence, namely Art 12 (1) and affirmed that the Right to Free Movement is enshrined in all major regional and international legal instruments and posited that the adoption of the draft will further reinforce these provisions.
2018 is 20th Anniversary of the Declaration on Human Rights Defenders and the 5th Anniversary of United Nations General Assembly Resolution 68/181 on Women Human Rights Defenders (WHRDs). The hazardous situation of human rights defenders, characterized by a hostile environment, with and increase in reprisals in many states; the precarious fate of persons whose non conforming identity and sexuality have led to their continued discrimination and persecution legitimised with the enactment of legislation; the hallmark of terrorists and armed gangs -‐ the kidnapping, maiming, destruction and killing; and the increase of counter terrorism bills restricting the freedom of association and the work of human rights defenders to curb the rise in peaceful assembly is also a cause for concern.
Despite the existence of the United Nations Declaration on Human Rights Defenders for the last two decades and UN GA Resolution 68/181 for the last 5 years, the plight of human rights defenders (HRDs) remains precarious in many states, particularly that of Women Human Rights Defenders (WHRDs). There was a special focus on Tanzania and Togo, among other countries whose governments seemingly lack political will to protect them and has been subjecting HRDs to legal harassment, among other violations of their rights. It was recommended that the government put in place a law to protect all HRDs irrespective of their gender, affiliation, orientation and other forms of discrimination.
Since the adoption of 21 October as African Human Rights Day, in Libya in 1990, African States have complied with this day of reflection on critical human rights issues. The theme for this year was dedicated to The fight against corruption, which became the point of joint deliberation at the Forum. The celebration was led by the Department of Political Affairs of the African Union Commission in collaboration with the African Commission on Human and Peoples’ Rights and all stakeholders including States, academicians, National Human Rights Institutions (NHRIs), civil society organisations, women and youth organisations, among others. It allowed participants to reflect on the definition of corruption, its cause and effects, opportunities, challenges of corruption from a human rights perspective. The fluidity of the term tends to depend on the perspective from which it is approached. Corruption ruins economies and participants were reminded that the booty of corruption are sitting in Western banks and yet no attempts are made to return them back to the African people.
Articles 20-‐24 of the African Charter reinforces the link between corruption and human rights and the imperative to equitable distribution of our resources by all, which is a prerequisite provided in the said document. States should, therefore, be urged to implement and enforce such provisions as enshrined in regional and international human rights law.
The possibility of litigation in instances of violations should be considered to allow citizens access to justice in order to seek redress and thereby build a body of jurisprudence in the process. There was also a call for all states and indeed its citizens to move from rhetoric to action considering the lack of knowledge and engagement with the AU Convention on Preventing and Combating Corruption and its Advisory Board which monitors its implementation. The Niamey Declaration shared with participants the proposal which recommended the establishment of a platform for its implementation, reminding participants that corruption and impunity are twins, mutually reinforcing each other and causing much evil in our societies.
The Forum proceeded to call on CSOs to intensify efforts to engage in the combat against corruption at all levels. The necessity of collaboration between all concerned stakeholders in the struggle cannot be underestimated. A holistic human rights approach would contribute immensely to the realisation of more concrete results.
Distinguished Ladies and Gentlemen,
The vital role of older persons in African society cannot be overemphasised. Yet, their right to special protection is often ignored within the legal systems, national and other related policies. By 2050, people over 60 years and living in Africa will immensely increase from over 50 million to just over 200 million. The need to improve their health and quality of life remains elusive for a large number of older persons. In celebrating 15 years of the Maputo Protocol, the Forum was reminded of the adoption of the Protocol to the African Charter on Older Person and called on the African Commission to call on states to ratify, domesticate and implement this very pertinent instrument and in so doing strengthen the rights of older persons in our society. Civil society organisations are called upon to promote and sensitise its provisions to the African populace.
Distinguished Ladies and Gentlemen,
The need to review the political processes to enhance political participation of marginalised groups in the electoral process formed part of the subjects under discussion, including women and youth and the need for empowerment was the focus of another panel which examined the role of women’s movement in all these empowerment activities. Existing economic, social and cultural barriers still exist and have to be addressed before progress can be achieved. The Forum felt that engagement of women in decision making is a vital component to the attainment of gender equality and the empowerment of women in Africa, among others, and urged that as much attention as possible be paid by the mandate holders of marginalised groups, especially of women and girls.
In reviewing the protective mandate of the African Commission observed that INGOs are the main users of the ACHPR communication procedures, while being utilized by States and local (African) organisations alike. The Forum, continued to urge more States and indeed NGOs to use and popularise the ACHPR processes and decisions and to encourage States to comply with decisions as well as consider signing the Declaration on Article 34(6) of the Protocol to the African Charter on the Court.
From the outcomes of the panel dedicated to the Topic, The Forum opined that reprisals prevent HRDs from being effective in their operations and functions. Despite Resolution 273 of The African Commission, it was reported that a number of countries including Angola use reprisals against human rights defenders on their territory. The Forum therefore, calls on the African Commission to support the work of its Focal Point on Reprisals and to appeal to States to cease the harassment and intimidation of HRDs when reports of violations are made.
The rights of persons with disability under the Marrakech Treaty is central to ensuring that persons with disability are not discriminated against when it comes to access to and availability of resources. It is, therefore of utmost importance to ensure that adequate facilities are put in place, especially for the visually impaired.
From reports received at The Forum, torture persists in many countries. While it is important to raise awareness to its existence and to assist victims of torture to access justice, it is crucial that torture, in all its forms, is criminalized. The Forum calls on states to ratify, domesticate and implement all instruments relating to torture. The African Commission is urged to consider the development and adoption of a model law which criminalizes torture with legislative mandate of the Pan African Parliament.
Distinguished Ladies and Gentlemen,
Youth, both male or female, are the future of any society. As such the importance of fostering their involvement in the development and maintenance of democracy and nation building through inclusive participation, especially in the fight against corruption, cannot be overemphasised.
Your Excellencies, Distinguished Ladies and Gentlemen,
Moreover, the Forum reminded participants of the continued rise in the death toll of illegal migrants which has reached dimensions beyond imagination, with many youths either drowning in the Mediterranean Sea; sold as slaves in open markets or ‘rotting’ in prisons. The Forum posited that while States should live up to their commitment to create a conducive environment for youth development, African youths have an obligation to take their rightful places in society and should endeavour to do so.
The Forum also noted, with concern, that despite the issues pertaining to Asylum Seekers, Refugees, Migrants and IDPs are not prioritised by AU institutions, State Parties and indeed by CSOs. This is in spite of the ongoing deaths of thousands of African refugees and migrants who are forced to undertake perilous journey to seek safety from persecution, conflict and poverty.
As the launching of the Year of Refugees, Returnees and Internally Displaced Persons in Africa: Towards Durable Solutions to Forced Displacement in 2019 draws near, The Forum, commends the African Union for this bold step as Africa continues to deal with the issue of especially illegal migration and related issues under the Common African Position on Migration and the Migration Framework. Participants continue to urge the African Commission to appeal to States, which have not ratified pertinent treaties, to speedily do so in order to enable their implementation. The ratification, domestication and implementation of many regional and international instruments by many States was commended. However, the persistent challenge of harmonisation and implementation of these treaties at the national level, remains.
Your Excellencies, Distinguished Ladies and Gentlemen,
Furthermore, the extreme poverty amongst indigenous peoples coupled with inadequate national mechanisms to address the attendant social and economic disparity, the double marginalization and discrimination of indigenous children, youth and women in many African states has been a cause for distress and trepidation. The Forum therefore, continued to call on the African Commission to urge states to respect their obligation to all vulnerable groups, including indigenous populations.
Distinguished Ladies and Gentlemen,
The Forum also noted that States continue to use legislation, among other tactics to curb space and restrict the work of journalists, including use of cybercrime laws that restrict Freedom of Expression and Access to Information. This remains a cause for concern in many African countries, especially when the legal framework for access to information has not been developed in many of our countries. The Forum, therefore, calls The African Commission to urge States to harmonize, adopt and implement laws that impact on freedom of expression and access to information.
Your Excellencies, Distinguished Ladies and Gentlemen,
Aligning issues discussed mainly to existing mechanisms of the Commission, The Forum also considered evolving areas of interest as mentioned before and reviewed over fourteen thematic special interest groups, namely: the situation relating to the Death Penalty; Economic, Social and Cultural Rights; Extractive Industries, Environment and Human Rights Violations; Freedom of Association and Assembly; Freedom of Expression, the Press and Access to Information; Human Rights Defenders, especially Women Human Rights Defenders; Impunity; Minorities and Indigenous Populations; Prevention of Torture in Africa; Prison Conditions and Places of Detention, and Policing; Refugees and Internally Displaced Persons; Rights of Older Persons and Persons with Disability; Sexual Orientation and Gender Identity; Threats to Human Rights, Peace and Security in Africa; Women; Youth among others.
These conversations took place with declaration of 2018 as the Year for Preventing and Combatting Corruption by the African Union Commission in mind. The reports and outcomes emerging from the main Panels and these Special Interest Groups meetings form the core of the developed resolutions and recommendations as a result of in-‐depth review and proposal of strategies for civil society engagement in collaboration with their partners, the African Commission in particular aimed at addressing the rising violations in their various areas of intervention.
Madam Chairperson, Distinguished Ladies and Gentlemen,
In line with the objectives of the Networking for Human Rights in Africa session, which was geared towards the provision and sharing of more information between the three main partners i.e. the African Commission; States; and Civil Society, in the development and maintenance of an effective human rights community.
The need for collaboration and the building of strategic partnerships continue to be at the core of the Forum’s agenda. It was, therefore, worthy to note that this theme continues to be one of the main objectives of the Forum, as discussed in the last three panels: Laws affecting Civic space, challenges, opportunities, lessons learnt and the role of stakeholders; Poverty: Towards the declassification and decriminalisation of Petty Offences; and Preserving the Independence of the ACHPR in fulfilling its mandate. Results of collaboration as well as relationships among civil society and between civil society and other partners especially the African Commission, OHCHR and other partners were examined thereby consolidating strategies for effective collaboration between these groups with a common goal of promoting and protecting human rights in Africa.
The civic space panel especially provided space for further exchange of information and experience on advocacy strategies around the national and regional levels including the ACHPR and formed a basis to share best practices and lessons learnt from previous interaction.
‘Poverty is not a crime’ but it is evident that those persons in the poverty cycle end up in the net when it is criminalized as research has proven. They form the core of inmates in prison and have been swelling places of detention. The Forum, therefore, congratulates the African Commission for responding to the call by developing guidelines to the effect that states decriminalize and declassify petty crimes to primarily ensure that citizens do not go to prison because of their status and in so doing to decongest prisons.
Your Excellencies, Distinguished Ladies and Gentlemen,
The Forum would like to take this opportunity to congratulate all the three States that have submitted their reports for review by the African Commission. We would therefore, wish to urge other States who have not yet fulfilled this obligation to follow this example as soon as is feasible.
Distinguished Ladies and Gentlemen,
Allow me, to thank the African Commission and its Secretariat for the usual collaboration and support in the organisation and facilitation of the NGO Forum, characterised by the existing interest enjoyed by the NGOs community. We continue to urge as many of our participants and their constituencies to apply for observer status to enable them play their role and benefit from the access provided.
Distinguished Ladies and Gentlemen,
The Forum is concerned by the Decision 10/15 of the African Union at its recently concluded Summit held in Mauritania in which directives, in the name of reform have been made to the African Commission, which in long run could affect its effectiveness and integrity. We call on the African Union to consolidate the gains made by the African Commission during its 31 years of existence and to consolidate the rectitude it has built over the years.
The Forum continue to acknowledge the distinguished standard the African Commission has set for itself and to commend Africa’s premier human rights institution for all the achievements made in the fulfilment of its mandate. We hereby call on all stakeholders to recommit themselves and their efforts towards sustaining this institution and safeguarding its independence for the realisation of human and peoples’ rights in Africa.
Finally, it would be remiss of me not to extend our most sincere appreciation to all our partners and supporters, especially the European Union through the PANAF Project ‘Consolidating the role of civil society from standards to practice’ and the United Nations of West Africa and the Sahel (UNOWAS) for providing much needed financial support towards the organisation of this Forum. While looking forward to closer collaboration, we appeal for support and assistance in our quest to provide this imperative service aimed at strengthening the capacity while enhancing participation and solidarity among human rights stakeholders.
Your Excellencies, Madam Chairperson, Hon. Members of ACHPR, Distinguished Guests, Ladies and Gentlemen,
On behalf of the participants of the Forum on the Participation of NGOs in the work of the 63rd session of the African Commission, I wish to extend to you, Honourable Chairperson, and all the other Commissioners, our best wishes for a successful session.
I thank you for your kind attention.
Hannah J. Forster - ACDHRS Executive Director
NGO Forum Secretariat
Banjul, The Gambia
24th October, 2018
