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Final
Communique of the 38th Ordinary session of the (ACHPR) held in Banjul,
The Gambia from
21 November to 05 December 2005
African
Commission on Human & Peoples’ Rights (ACHPR)
December
05, 2005
1. The African
Commission on Human and Peoples’ Rights (ACHPR), held its 38th Ordinary
Session in Banjul, Republic of The Gambia, from 21st November to
5th December 2005 chaired by Commissioner Salamata Sawadogo.
2. The following
Members participated at this Session:
- Commissioner
Yassir Sid Ahmed El Hassan, Vice- Chairperson;
- Commissioner
Kamel Rezag-Bara;
- Commissioner
Musa Ngary Bitaye;
- Commissioner
Reine Alapini-Gansou;
- Commissioner
Mumba Malila;
- Commissioner
Angela Melo;
- Commissioner
Sanji Mmasenono Monageng;
- Commissioner
Bahame Tom Mukirya Nyanduga, and
- Commissioner
Faith Pansy Tlakula.
3. As is customary,
the Non Governmental Organisations met prior to the 38th Ordinary
Session of the African Commission on Human and Peoples’ Rights from
the 18th to 20th November, in order to contribute to the deliberations
of the said Session.
4. In her welcoming
statement, the Chairperson of the African Commission, Mrs. Salamata
Sawadogo, expressed, on behalf of the Members of the African Commission
on Human and Peoples’ Rights, and on her own behalf, her profound
gratitude to the Government of The Gambia for kindly hosting the 38th
Ordinary Session of the African Commission. She welcomed the four
new Commissioners and all the participants to the Session whose presence
was, once again, a testimony of their commitment to the cause of human
rights in Africa. She also commended the work done by the Members
of the African Commission whose mandate had ended. Concerning the
human rights situation in Africa, the Chairperson applauded the positive
developments observed in certain State Parties; however, she invited
all actors to increase their vigilance as the situation remained precarious
in other States. The Chairperson also extended, on behalf of all the
Members of the African Commission on Human and Peoples’ Rights, their
appreciation and congratulations to Mr. Germain Baricako, who, after
12 years of service in the Secretariat of the African Commission,
has been called to other duties. Finally, the Chairperson welcomed
Ms. Adwoa Coleman, his replacement, and wished her success.
5. The Minister
of Human Rights of the Republic of Burundi, the Honourable Mrs.
Françoise Ngendahayo, delivered a statement on behalf of
the State Parties present at the 38th Ordinary Session. After having
expressed her gratitude to the people and Government of The Gambia,
Her Excellency the Minister commended the progress made by the African
Commission despite the numerous challenges that it had had to face.
She urged Member States to ratify the various legal instruments
to ensure the effective enjoyment of human rights on the Continent.
She pointed out that the human rights situation in most of the Member
States remains fragile. It is for this reason, she said, that the
African Commission and the actors of civil society need to persevere
in their work of promoting human rights and assisting the Member
States so as to improve the human rights situation.
6. Mrs. Hannah
Forster, Executive Director of the African Centre for Democracy
and Human Rights Studies, addressed the audience in her capacity
as the representative of the NGO Community present at the 38th Ordinary
Session. She alluded to the NGO Forum which had been held as a prelude
to the deliberations of this Session and whose conclusions would
be submitted to the African Commission. Furthermore, Mrs. Forster
lauded the election of the new Members of the African Commission
and commended the outgoing Members for their significant contribution
to the promotion and protection of human rights on our Continent.
Finally, she urged the Member States to ratify the Protocol establishing
the African Court as well as the Protocol to the African Charter
on the Rights of Women in Africa which was due to enter into force.
7. In his opening
address Honourable Sheikh Tijan Hydara, Attorney General and Secretary
of State for Justice of the Republic of The Gambia, welcomed all
the participants to the 38th Ordinary Session. He expressed his
gratitude to the African Commission and to its Secretariat for the
task accomplished in organizing this Session and in executing the
missions assigned to it. He went on to reiterate The Gambia’s commitment
to supporting the African Commission and urged the Member States
to ratify the Protocols relating to the African Court and to the
Rights of Women in Africa. He urged the different partners of the
African Commission to continue giving their support towards making
a greater impact on the work of promoting and protecting human rights
on the Continent. After having congratulated the four (4) newly-elected
Members of the African Commission and expressed his good wishes
for a successful outcome of the deliberations, the Honourable Minister
declared the 38th Ordinary Session open.
8. In conformity
with Article 39 of the African Charter on Human and Peoples’ Rights
and Rule 16 of the Rules of Procedure of the African Commission,
the Members of the African Commission on Human and Peoples’ Rights,
newly-elected by the Assembly of Heads of State and Government,
took their oath of office during the opening ceremony.
They are -:
- Commissioner
Reine Alapini-Gansou;
- Commissioner
Musa Ngary Bitaye;
- Commissioner
Mumba Malila; and
- Commissioner
Faith Pansy Tlakula.
9. In conformity
with the provisions of Article 42 of the African Charter on Human
and Peoples’ Rights and Rule 17 of the Rules of Procedure of the
African Commission, the following Commissioners were re-elected
to the Bureau -:
- Chairperson
of the African Commission on Human and Peoples’
Rights, Mrs. Salamata Sawadogo, and
- Vice-Chairperson
of the African Commission on Human and Peoples’
Rights, Mr. Yassir Sid Ahmad El-Hassan.
10. During the
Session, the African Commission on Human and Peoples’ Rights heard
statements relating to the human rights situation in Africa from
several Delegates of State Parties, Representatives of Intergovernmental
Organisations, of National Human Rights Institutions and Non-Governmental
Organisations.
11. Twenty two
(22) State Parties, nine (9) National Human Rights Institutions,
six (6) Intergovernmental Organizations, one hundred and thirty
five (135) African and International Non Governmental Organizations
and other invitees participated in the Session, making a total of
two hundred and eighty two (282) participants.
12. The Republic
of South Africa presented its Periodic Report in conformity with
Article 62 of the African Charter. The African Commission on Human
and Peoples’ Rights considered the said Report and adopted Concluding
Observations relating thereto.
13. The Members
of the African Commission on Human and Peoples’ Rights presented
Reports on the activities they had carried out during the intersession
period. The Special Rapporteurs and the Chairpersons of the Working
Groups also presented their Reports.
14. The African
Commission granted Observer Status to the following twelve (12)
Non Governmental Organisations -:
- Association
of Women Heads of Family of Mauritania;
- Community
Law Centre of South Africa;
- Mbororo Social
and Cultural Development Association of Cameroon;
- Civic Aid
International Organisation (CIAO) of the United Kingdom;
- Burkinabé
Association for Childhood Survival (ABSE);
- Congolese
Association for the Control of Violence against Women and Girls
(ACOLF);
- Kataliko
Action for Africa/Kataliko Action pour l’Afrique of the DRC;
- Franciscans
International of Switzerland;
- Access to
Justice of Nigeria;
- Association
for the Reconstruction and Development of Mokooh Peoples of Cameroon;
- Global Network
for Good Governance of Cameroon; and
- Sudan Organisation
Against Torture (SOAT), U.K.
This brings
the number of Non-Governmental organisations with Observer Status
with the African Commission to three hundred and forty two (342).
15. The Members
of the African Commission on Human and Peoples’ Rights adopted the
Reports of promotional missions to the Central African Republic,
Mauritania, Sao Tomé and Principe, Guinea Bissau, Seychelles
and Botswana; the Report of the Missions of the Special Rapporteur
on the Rights of Women in Africa to Djibouti and Sudan; the Report
of the Mission of the Special Rapporteur on Refugees, Asylum Seekers
and Internally Displaced Persons in Africa to Senegal, as well as
the Reports of the Missions of the Working Group on the Indigenous
Populations/Communities to Botswana and Namibia.
16. The Members
of the African Commission also adopted the Reports of the 35th,
36th, 37th and 38th Ordinary Sessions.
17. The African
Commission on Human and Peoples’ Rights reiterated its
decision to organise in 2006, seminars on the following topics -:
- Terrorism
and Human Rights in Africa;
- Islam and
Human Rights;
- Contemporary
Forms of Slavery; and
- Refugees
and Internally Displaced Persons in Africa.
18. On 25th
November 2005, the African Commission on Human and Peoples’ Rights,
in collaboration with Civil Society organisations attending the
38th Ordinary Session, celebrated the entry into force of the Protocol
to the African Charter on the Rights of Women in Africa.
19. During the
public session, on 26th November 2005, Members of the African Commission,
Delegates of State Parties and Representatives of International
and Non-Governmental organisations paid vibrant homage to Germain
Baricako, Secretary of the African Commission on Human and Peoples’
Rights, who has been appointed to another duty
station.
20. The African
Commission on Human and Peoples’ Rights adopted seventeen
(17) Resolutions on -:
- The renewal
of the Term of the Special Rapporteur on theRights
of Women in Africa: Commissioner Angela Melo;
- The composition
and operationalisation of the Working Group
on the Death Penalty: Vice-Chairperson Yasir Sid
- Ahmed
El Hassan was designated Chair and Commissioner
- Bahame
Tom Nyanduga was designated member as well as
five (5) experts representing the different regions of the Continent.
- The renewal
of the mandate and composition of the Working
Group on Specific Issues relating to the work of the African Commission
on Human and Peoples’ Rights: Commissioner Faith
Pansy Tlakula was designated as Member;
- The composition
and extension of the mandate of the
Working Group on Indigenous Populations/Communities in Africa:
Commissioner Rezag Bara was designated Chairperson
and Commissioner Musa Ngary Bitaye, a
member;
- The nomination
of Commissioner Mumba Malila as Special Rapporteur
on Prisons and Conditions of Detention;
- The nomination
of Commissioner Reine Alapini-Gansou as
Special Rapporteur on Human Rights Defenders in Africa;
- The nomination
of Commissioner Faith Pansy Tlakula as
Special Rapporteur on Freedom of Expression in Africa;
- The Status
of Women in Africa and the Entry into Force of the
Protocol to the African Charter on Human and Peoples’ Rights
on the Rights of Women in Africa;
- The operationalisation
of an independent and effective African Court on Human and Peoples’
Rights.
- Ending Impunity
in Africa and on the Domestication and
Implementation of the Rome Statute of the International Criminal
Court;
- The protection
of human rights and the Rule of Law while
countering terrorism;
- The Human
Rights Situation in Zimbabwe;
- The Human
Rights Situation in the Democratic Republic of
Congo;
- The Human
Rights Situation in Eritrea;
- The Human
Rights Situation in Ethiopia;
- The Human
Rights Situation in the Darfur region in Sudan;
- The Human
Rights Situation in Uganda.
21. The African
Commission on Human and Peoples’ Rights considered fifty
four (54) Communications, including thirteen (13) decisions on seizure
and four (4) decisions on admissibility. It further considered and
decided to remove two (2) Communications from its list of Communications.
For various reasons, the rest of the communication
were deferred to the 39th Ordinary Session for further
consideration.
22. The African
Commission considered and took note of the Report of the
Secretary to the African Commission relating to the financial and
administrative situation of the Secretariat and to the construction
of the headquarters.
23. The African
Commission decided to hold its 39th Ordinary Session from
the 9th to 23rd May 2006 in Banjul, The Gambia.
24. The African
Commission on Human and Peoples’ Rights expresses its
sincere appreciation and profound gratitude to the Government of
The Gambia for the facilities placed at its disposal and for the
warm welcome and hospitality accorded to the participants, all of
which contributed to the excellent outcome and success of the deliberations
of its 38th Ordinary Session.
25. The closing
ceremony of the 38th Ordinary Session took place on the 5th
December 2005 in Banjul, Republic of The Gambia.
26. The Chairperson
of the African Commission on Human and Peoples’
Rights held a Press Conference after the closing ceremony.
Done in
Banjul, The Gambia, the 5th December 2005
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