NGO STATEMENT
OPENING CEREMONY
OF THE 77th ORDINARY SESSIONAFRICAN COMMISSION ON HUMAN
AND PEOPLES’ RIGHTS AT THE
ARUSHA INTERNATIONAL CONFERENCE CENTRE,
20th OCTOBER, 2023
Your Excellency Dr. Hussein Mwinyi, President of Zanzibar and Chairman of the
Revolutionary Council,
Ambassador Pinda Chanda, Minister of Constitution and Legal Affairs of the United
Republic of Tanzania
Your Excellency, Moussa Faki, Chairman of the African Union Commission;
Chairperson of the Pan African Parliament;
Honourable Members of the National Assembly;
Honourable Ministers of the African Union States;
Honourable Chairperson, Remy Ngoy Lumbu; Vice Chairperson, Commissioner Maya
Sahli-Fadel and Members of the African Commission on Human and Peoples’ Rights
(ACHPR);
Dr. Robert Eno, Registrar AfCHPR representing the Hon. President of the African Court
My Lord, Judges of the African Court on Human and Peoples’ Rights
Hon. Chairperson and Members of the African Committee of Experts on the Rights and
Welfare of the Child ;
Regional Representative of the UNOHCHR, East Africa Regional Office, Mr. Marcel
Akpovo, representing Members of the United Nations Family present – UNDP, UN
OHCHR, UNOCI and UNOWAS;
Your Excellencies, Members of the Diplomatic and Consular Corps;
Ambassador Eamon Gilmore, European Special Representative for Human Rights
represented by Ambassador Christine Grau;
The Chairperson and Executive Governing Council Members of the African Centre for
Democracy and Human Rights Studies (GC/ACDHRS);
Distinguished State Representatives;
Venerable Religious and Traditional Leaders;
Mr. Joseph Whittal, Hon. Chairperson and Representatives of the Network of African
National Human Rights Institutions;
Representatives of National and International NGOs;
Representatives of the Press;
Distinguished Ladies and Gentlemen;
All protocols respectfully observed
It is a great sense of humility that I stand before this august body of the African human
rights family, honoured to deliver a statement, on this auspicious occasion, a statement
on behalf of all my colleagues of the Forum of NGOs in the Work of the 77th Ordinary
Session of the African Commission on Human and Peoples’ Rights, as its
Spokesperson.
Allow me, at the onset, to extend our warmest congratulations to the Hon. Chairperson,
the Vice Chairperson and all Distinguished Members of Africa’s premier human rights
institution and all its stakeholders and partners as they continue to celebrate 20 years of
the Maputo Protocol. This year is surely a year of celebrations as the Universal
Declaration of Human Rights marks 75 years and 25 years of the UN Declaration on
Human Rights Defenders is being commemorated. It is indeed a time to review past
challenges, successes and to contemplate on the future direction for the promotion and
protection of human rights in Africa.
On behalf of the Governing Council of the African Centre for Democracy and Human
Rights Studies (ACDHRS); The NGO Forum Steering Committee; all the participants of
the NGO Forum, and indeed on my own behalf, I wish to thank the Chairperson and
Members of the African Commission for the singular honour afforded us to
accompany the ACHPR at this 77th session. As we thank Commissioner Maya SahliFadel for all her contributions to the ACHPR and wish her well in her future endeavours, we congratulate the newly elected Commissioner Selma Sassi-Safer and other re-elected Commissioners and look forward to future collaboration with them.
Your Excellencies, Distinguished Ladies and Gentlemen The Forum wishes to also
express its gratitude to the Government and people of The United Republic Tanzania,
land of the ‘big five’ and home to Kilimanjaro, for hosting the 77th Ordinary Session and
to reiterate the appreciation of the participants of the Forum of NGOs for the continued
support extended to the African Commission and its stakeholders, especially the warm
hospitality enjoyed by all since their arrival in this land of Mount Meru.
Your Excellencies, Distinguished Ladies and Gentlemen, The Forum on the
Participation of NGOs in the 77th Ordinary Session of the African Commission on
Human and Peoples’ Rights, was held from the 16th – 18th October, 2023, preceding
this Session of the African Commission.
Approximately 300 participants from 34 African countries, 1 from Europe and 2 from
North America were in attendance, including Algeria, Angola, Benin, Botswana,
Cameroon, Chad, Comoros, Congo Brazaville, DRC, Egypt, Eswatini, The Gambia,
Ghana, Guinea, Guinea Bissau, Kenya, Mali, Malawi, Mauritania, Morocco,
Mozambique, Nigeria, Sao Tome and Principe, Senegal, Sierra Leone, South Africa,
South Sudan, Sudan, Togo, Tunisia, Uganda, Zambia and Zimbabwe)
Over the past few days, we had the privilege of hosting the three-day NGO Forum,
which featured a total of 13 panel discussions on various critical aspects of human
rights, trade, and development across our continent. These discussions were diverse
and covered various aspects of human rights, trade, discrimination and other important
issues in Africa, which are instrumental in shedding light on some of the most pressing
human and peoples’ rights issues facing Africa today. They provided us with valuable
insights, and it is now our shared responsibility to turn these insights into action. I
would like to provide a brief overview of the key takeaways and recommendations
from these panels.
Distinguished Ladies and Gentlemen,
The Forum adopted the AU Theme ‘The Year of the AfCFTA: Accelerating the
Implementation of the African Continental Free Trade Area’. In reviewing this
important subject of utmost importance, the essence of creating an enabling
environment for businesses while the respect for human rights remains paramount was
emphasised. However, with the current situations of conflicts, shrinking civic space,
increasing cases of violence against women especially in environmentally unfriendly
milieu where the digital divide is most evident is a very worrying phenomenon.
There is need for companies to be held accountable for their actions which negatively
impact on communities, workers and especially the women and youth. Calling for
collaboration among stakeholders and the recognition that the promotion of sustainable
economic growth and protection of human and peoples’ rights are interdependent. The
involvement of all segments of society is crucial especially the vulnerable and
marginalised.
The Forum reiterated that sustainable economic and social development in the
extractive industries sector, should therefore, be an integral part of the guiding
principles in ensuring that human rights standards remain at the heart of
implementation of the AfCFTA. ACHPR Resolution 550 on Business and Human
Rights in Africa provides such a framework. The Forum calls on the African
Commission to urge states to use this resolution which is a guide for the respect of
human rights in all activities and to do no harm by contributing to human rights
violations.
It was recognised that women play a key role in trade and the need to empower them at
all levels was emphasised.
After the inaugural panel on “Rights and Trade; Reflecting on UDHR’s 75th Anniversary
and its alignment with the Implementation of the AfCFTA and the “Africa We Want”,
there were 13 panels on the agenda to discuss including :
- Overview and Updates on the Situation of Human Rights and Democracy in Africa
highlighting good governance and conflicts threats to Peace and security in Africa in the context
of the AfCFTA; - Enhancing Civil Society Engagement with the AfCFTA
- Status of Indigenous Peoples’ Rights in Africa and Prospects
- The Role of Networks in Enhancing the Protection of Women Human Rights Defenders
(WHRDs) in Africa - The inclusion of Women, Youth and vulnerable groups in driving the implementation of the
AfCFTA ; - Communities discriminated on Work and Descent in Africa: Confronting Racism, Xenophobia
and Discrimination of Migrants in Africa - Analysing the implications and impacts of Anti-Constitutional Changes in African Nations:
Promoting Peace, Security towards effective implementation - Exploring the Challenges and Responses to Shrinking Civic Space in African Societies
- Assessing Achievements and Hurdles of the Maputo Protocol
- Promoting rights-respecting Government Responses to Disinformation in Sub-Saharan
Africa - Artificial Intelligence and Emerging Technologies : Strategies, Data Protection and Human
Rights in Africa - Religious Freedom, Peace and Rights : The Sudanese Experience and Africa’s Path to
Silencing Guns - Securing the Right to Education, Sexual and Reproductive Rights, and Freedom from Sexual
Violence for Girls in Tanzania
Special Interest Groups were facilitated on the following subjects including : The AfCFTA;
Freedom of Association and Assembly; Freedom of Expression and Access to Information;
HRDs; Older Persons and Persons with Disabilities; Prison And Conditions of Detention and
the Rights of Women.
All the subjects of the above panels remain critical issues for discussion on our agenda
The presentations of the situation of human rights and democracy on the continent
showed significant and positive developments, evident in the observance of
improvements in the respect for human rights, good governance and the rule of law.
The implementation of the legislation on parity in Senegal ; the abolition of the death
penalty in Zambia ; the institutionalisation of a quota system to ensure women’s
representation and participation in Sierra Leone and the presentation of the TRRC
recommendations in The Gambia are but a few.
The situation of human rights in Sudan caused by clashes between the two parties
namely Sudan Armed Forces (SAF) and the Rapid Support Force (RSF) remains high on
the agenda. Deep concern was raised about the human rights abuses in those countries
in the face of a continuing exodus to neighbouring countries. The Forum welcomed the
decision of the United Nations Human Rights Council, through the adoption of a
Resolution at its recent 54th session, to urgently establish an independent International
Fact-Finding Mission (FFM) for Sudan. The FFM will have a broad mandate to
investigate and establish the facts, circumstances and root causes of violation, collect
and consolidate evidence, identify those responsible and make recommendations on
accountability, among others. While welcoming the participation of African Union
representatives in future inactive dialogues on Sudan in addition to consideration of
ACHPR Resolution 563 adopted on August 4, 2023 The Forum urges that the FFM
should give due regard to ensuring the complementarity of its efforts with those of
other actors, drawing especially from the knowledge and expertise of ACHPR, in line
with good practice aligned with Addis Ababa Road Map to ensure cross-fertilizing
accountability efforts of the AU and UN human rights bodies.
Furthermore, the Forum stressed the need for the two factions to continue the ceasefire
without conditions in order to safeguard and guarantee the lives and integrity of
civilians, while ensuring the provision of humanitarian corridor for aid.
While appreciating these developments, the Forum asserted yet again that from the East
to West and Central, North to South, Africa continues to face serious human rights
challenges characterised by conflict, insecurity and violence highlighting among others
the rise in cases of violence against women; poverty; against indigenous groups;
disease, internal political strife; resulting in the taking up of arms by rebel and or
military groups; arbitrary detention and extrajudicial killings continue to bring
hardships to the majority of citizens of the affected countries, especially the women and
children.
The Forum reiterates its deep concern about the condemnation of severe infringements
on rights and freedom of citizens in Eritrea, including arbitrary arrests and protected
detentions without trial of former cabinet members and government officials, members
of Parliament, members of opposition parties, journalists and media. Furthermore the
Forum is also concerned about reports of the use of extortion, fraud, threats and
violence to collect taxes outside Eritrea from its nationals, as well as the practice of
demanding that Eritrean in the diaspora to sign the so called “regret form to be entitled
to consular services from Eritrean diplomatic missions.
Unconstitutional changes of government and its attendant challenges remains a cause
for concern in a number of countries including Chad, Guinea, Mali and Sudan where
serious and massive human rights violations are being perpetrated against the civilian
population, serious challenges which call for a constant and increasing strengthening of
the protective and promotional mandate of the Commission.
While the African Union Commission, the ACHPR and women of Africa celebrate 20
years of the Maputo Protocol, the Forum continued to commemorate this important
milestone in the promotion and protection of the rights of women on the continent,
taking stock of progress, challenges, successes and charting the way forward. It was
noted that only 44 out of 54 states have ratified, some with reservations, while only 17
have reported according to the ACHPR guidelines. The Forum calls on The African
Commission to urge the 11 states that have not ratified to do so; that those who have
not reported on their status of implementation according to the adopted guidelines to
oblige and those states that have reservations to consider lifting them so that all women
in Africa would enjoy all the rights enshrined in the Maputo Protocol.
As HRDs celebrate 25 years of the UN Declaration on HRDs, their situation remains
precarious exacerbated by the increasing closure of civic space. The Forum eagerly
awaits the setting up and conduct of the investigation into the brutal murder of one of
its sons on its land and to ensure that perpetrators face justice.
Additionally, the situation of Women Human Rights Defenders (WHRDs) is hazardous
and unstable putting many a live in danger. Challenges faced by women human rights
defenders were shared and the importance of networks in safeguarding their rights
discussed. The Forum recommended the need to provide targeted capacity building,
diversifying advocacy to be proactive rather than reactive, addressing threats against
women human rights defenders, and defending feminist rights.
Furthermore, while applauding the adoption of the Study on the situation of Women
Human Rights Defenders in 2015, the Forum opined that it needs to be updated to
reflect the current times and incorporating the opinions of many more than was
involved in the previous study. Consequently, the Forum, considering the landmark
twin celebrations of 25 years of the HRDs and 20 years of the Maputo Protocol, call on
the African Commission to commission a study to update the 2015 WHRDs Study
with a wider sample of stakeholders. It is envisaged that the output would offer the
opportunity to effectively portrait the current situation while providing
recommendations and a roadmap for the future.
Elections continue to be a trigger causing pre and post electoral violence leading to
conflict in many African countries. It is paradoxical that a process that aims to promote
and strengthen democracy and good governance has become a key driver of conflict.
While Zimbabwe is still reeling from its elections, Senegal is gearing up by silencing all
dissenting voices and subjecting them to detention with trial. Ensuring free, fair,
transparent and credible elections in a peaceful environment is desired and The Forum
calls on ACHPR to call on states to live up to these expectations.
Ladies and Gentlemen
The importance of addressing discrimination in various African countries, including
social discrimination, occupational discrimination, leading to limited access to
education, among other services was highlighted. Recommendations include enacting
anti-discriminatory laws, aligning existing laws with international standards, and
protecting individuals and media practitioners from exploitation were made by the
Forum.
Distinguished Ladies and Gentlemen,
The Outcomes of the Forum will be forwarded, for the kind consideration of your
august body, as our contribution to your deliberations at this 77th Ordinary Session.
The Forum noted with satisfaction that the reports of Eritrea and Uganda would be
considered and have reviewed the situation of human rights in those countries. While
congratulating these countries, The Commission is urged to encourage other States yet
to submit their reports to consider doing so at the earliest opportunity.
Distinguished Ladies and Gentlemen On behalf of the participants, I would like to
reiterate the willingness and readiness of the NGO community to work with the
human rights system and its mechanisms in the realization of their mandates. As
partners, we reiterate our commitment to collaborate with the ACHPR in the process.
In the true spirit of the AU’s Constitutive Act in which the Heads of State of Africa
professed a ‘common vision of a united and strong Africa, energised by partnership
between governments and all segments of civil society’, representatives at this Forum
reaffirm their commitment to the reinforcement of these partnerships with the African
Union and all its organs, in the furtherance of human rights, good governance and the
rule of law in Africa.
The Forum participants have continued to demonstrate their dedication to the work of
the African Commission, especially in these hard and trying times, by their
enthusiastic and passionate contributions to the preparations leading to their
participation in this Session.
The Forum, while pleased with the progress made by the African Commission notes
that serious challenges with the potential to affect its effectiveness and independence
persist. We would like to take this opportunity to launch an appeal to states and indeed
the international community to continue to support the strengthening of this institution,
which will, no doubt, go a long way towards the effective implementation of it mandate
while assuring the citizens of Africa that the promotion and protection of human rights
and the rule of law remain at the top of its agenda
Distinguished Ladies and Gentlemen
As I conclude, I would like to extend the appreciation of the Forum to partners who
have accompanied the Forum during this session’s Forum, namely IPAS; Ford
Foundation Office for West Africa; Open Society Foundations; UNOWAS and OHCHR
both West and East Africa Regional Offices as well as those organisations that have
sponsored CSOs participants to the Forum and Commission sessions.
The Forum recognises that its engagement and participation has a profound impact on
the lives of millions of people and it is only when we work together, we can bring about
the positive change we want to make Africa a place where human rights are cherished,
protected, and promoted for all its peoples.
Thank you for your unwavering dedication to the cause of human rights, as we proceed
with determination, courage, and unity throughout this 77th Ordinary Session. Our
journey toward a better Africa is reignited here, in Arusha, today
Your Excellencies, Distinguished Ladies and Gentlemen
On behalf of ACDHRS and indeed the participants of the Forum of NGOs, we wish The
Honourable Chairperson, the Vice Chairperson and all the Members of the African
Commission, fruitful session.
Thank You for your kind attention.
HJF
ACDHRS,
Forum of NGOs Secretariat
20 October, 2023
