AFRICAN UNION UNION AFRICAINE UNIÃO AFRICANA African Commission on Human & Peoples Rights Commission Africaine des Droits de l Homme & des Peuples 31 Bijilo Annex Layout, Kombo North District, Western Region, P. O. Box 673, Banjul, The Gambia Tel: (220) 4410505 / 4410506; Fax: (220) 4410504 E-mail: achpr@achpr.org; Web www.achpr.org 47th SESSION OF THE AFRICAN COMMISSION ON HUMAN AND PEOPLES RIGHTS 12 to 26 May 2010 / Banjul- The Gambia INTERSESSION REPORT PREPARED BY Me REINE ALAPINI-GANSOU CHAIRPERSON OF THE AFRICAN COMMISSION ON HUMAN AND PEOPLES RIGHTS INTRODUCTION November 2009 - May 2010 1. We present this Inter-Session report according to Section 3 of Article 87 of our Rules of Procedure and as a member and Chairperson of the African Commission on Human and Peoples Rights (ACHPR). 2. Activities undertaken during the Inter-Session are divided into three sections and cover promotion and protection activities including cooperation activities with other human rights implementation organs, Member States, civil society organisations and development partners on various levels. Our activities comprised of the various Working Visits undertaken as part of the ACHPR mandate. These activities cover the period from November 2009 to May 2010.
1. This report also includes section 4 and 5, a brief analysis of all activities undertaken and a number of recommendations. 2
I- PROMOTION AND PROTECTION ACTIVITES 3 2. For the period under review, protection activities undertaken were to address the human rights situation in Niger and Nigeria. Following the political crisis in Niger, effects of which we are quite familiar, the Commission published a Press Release calling all concerned to engage in constructive dialogue in the best interest of the people of Niger. The massacre in Jos, Plateau State, was reported to us and we not only published a Press Release but wrote to the relevant authorities requesting for authorisation to send a Fact Finding Mission to the Federal State. Discussions are presently underway on the level of the Peace and Security Council of the AU to prepare a Joint Mission. 3. Promotion activities include promotion missions undertaken and seminars organized in collaboration with other partners and those we attended during the period under review. A - Relations with Member States Joint Mission to the Republic of Algeria 4. From 12 to 20 December 2009, a delegation made up of my colleagues Catherine Dupe Atoki, Sylvie Kaytesi and myself went on a human rights promotion visit to the Republic of Algeria. We disseminated material on the African Charter on Human and Peoples Rights and other pertinent documents adopted by Member States. We were also promoted various special mechanisms evolving within the African Commission. 5. During the mission our delegation engaged dialogue and conducted a site visit to Mauritania according to the terms of reference guiding ACHPR activities. We met with partners involved in promotion and protection of human rights on the ground. Joint Mission to the Islamic Republic of Mauritania 6. From 9 to 18 March 2010, I led a delegation to Mauritania with, Mrs. Soyata Maiga and Mohamed Béchir Kalfallah, Special Rapporteur on the Rights of Women in Africa and Special Rapporteur on the Rights of Human Rights Defenders in Africa respectively. Mr. Béchir Khalfallah is the Commissioner in charge of human rights promotion in Mauritania. 7. During this mission, we had very fruitful discussions with the Political- Administrative authorities involved in human rights activities, civil society partners, the National Commission Human Rights and other technical partners able to provide information to the ACHPR, inform on activities, challenges and future perspectives relevant to establishing the human rights agenda in Mauritania even though this country is still recovering from a long and painful political crisis that has negatively impacted its relationship with the ACHPR.
8. The reports for these two missions have been prepared and will be submitted through the appropriate procedures for transmission to Member States. 4 B- Seminars and Conferences Seminar on the Penalties Imposed in Instances of Systematic Human Rights Violations 9. From 2 to 4 December 2009, we participated in a seminar on «Penalties to be Imposed in Instances of Flagrant and Systematic Violation of Human Rights» organized by the International Centre For Transitional Justice in Strasbourg, France. The seminar gave participants from different Organs a chance to listen and share their experiences on the subject. At the end of this seminar, it was established that most organs equally endure the problems relating to capacity building, human resources and others, although some had more experience in dealing with these problems. Moreover, this seminar also offered the opportunity for participants to appreciate the need to work in tandem. Training Seminar on Human Rights for Primary and Secondary School Teachers- Cotonou / BENIN «Education on Human Rights» 10. From 7 to 11 December 2009, we organized a Training Seminar on the Legal Instruments of Human Rights for Primary and High School Teachers in Cotonou, Benin. This seminar had the purpose of informing teachers on International and Regional Legal Instruments on Human Rights. At the end of the training exercise, participating teachers were expected to pass on this knowledge to their peers to ensure long-terms benefits. 11. This training brought to our attention the fact that participants themselves knew very little about protection and promotion mechanisms of human rights in general. This creates a big stumbling block to human rights education. At the end of the workshop, we made recommendations to the African Commission urging them to disseminate material on human rights within the Continent and to organize more training workshops for the benefit of all stakeholders including teachers. The biggest challenge in this undertaking is the lack of financial resources. 12. On December 10 2009, we attended a televised Round Table on Child Rights in the Republic of Benin. The Round Table was organized by the Embassy of the Republic of Germany in Benin on the theme of Child Rights, human rights for prisoners, detained persons and the question of the Death Penalty. We presented on the activities of the ACHPR and its special mechanisms and on the Human Rights situation on the Continent outlining various human rights problems to be addressed by Benin.
Participation at the International Conference on Human Rights, Globalisation and Economic Development «struggle for peace» (Amsterdam/The Netherlands) 13. On February 6 2010, we presented a Communication on «The role of the African Commission on Human and Peoples Rights» at a Conference on Human Rights, Globalisation and Economic Development. This conference entitled «A struggle for Peace», organized by the Dutch United Nations Student Association, Utrech (DUNSA) made the central theme of its 2010 Edition Globalization and its Impact on Fundamental Liberties. This conference brought together human rights defenders from the academic and civil society worldwide. 14. We informed participants about African Union support particularly in declaring 2010 as the Year of Peace and Security in Africa. During the 14 th Summit of the African Union, 25 January to 2 February 2010, the Conference of Heads of State declared 2010 as the Year for Peace and Security in Africa conferring the Torch of Peace to the African Commission and Member States. Sub-Regional Workshop on the Death Penalty in Africa from 12 to 16 April 2010 (Cotonou / Benin) 15. On April 12 2010, we presented a paper at a Workshop on the theme of the Death Penalty in Africa, organized by the African Commission Working Group in Cotonou for Member State Experts and Representatives and civil society stakeholders from Western and Northern Africa. We made a presentation on the general situation of the struggle to abolish the Death Penalty in Africa. It is a situation with many ups and downs. The meeting decided that the time has come to put to put an end to the Death Penalty in Africa. We also urged the government of Benin to finally take the courage to abolish the Death Penalty and make a declaration according to Article 34(6) of the protocol on the African Charter on Human and Peoples Rights regarding the creation of the African Court for Human and Peoples Rights for Beninois citizens to have access to the court. We also insisted that Benin should ratify the African Charter on Democracy, Electoral Process and Governance in Africa, even though this is included in the Roadmap being prepared by the African Union and other organs of the African Human Rights Systems through The Strategy on Human Rights in Africa and African Governance Architecture. 5 II INTER-ORGANIC COOPERATION Meeting of AU Organs on the Human Rights Strategy in Africa and African Architecture; From 11 to 13 March, 14 to 15 March and 17 to 18 March 16. From 11 to 17 March, we attended two meetings organized by the Department of Political Affairs of the African Union, first on the Human Rights Strategy in Africa and subsequently on African Governance Architecture. These meetings brought together representatives of AU organs specializing on Human Rights, the Regional
Economic Community, Representatives from the High Commission on Human Rights, The Economic Commission for Africa as well as Civil Society and partner organisations. The ACHPR to contribute to the conceptualisation of a Road Map and perspectives for the establishment of a Human Rights Strategy in Africa. Second Meeting on the African Strategy on Human Rights, Banjul. 17. From 10 to 12 May 2010, we attended the Second meeting of the Human Rights Strategy in Africa. This second meeting had the objective of advancing conceptualisation of the document and we contributed to the content of perspectives outlined during the first meeting. According to the Road Map, the document should be completed for presentation at the forth-coming January 2011 AU Summit. Participation at the Second Ordinary Session of the Second Legislative Pan African Parliament, 13 to 16 April 2010 18. The Pan African Parliament, in accordance with the African Union Constitutive Act of 2001, is one of the main Human Rights Implementation Organs par excellence on the Continent since the establishment of the African Charter on Human and Peoples Rights, has always undertaken cooperation activities with like-minded institutions in order to strengthen its human rights promotion and protection mission. We therefore applaud the initiative of the Pan African Parliament by inviting us to present a paper on the human rights situation on the continent according to our point of view. 19. In this report, we reiterated the content of the 27th ACHPR Activity Report. We also briefly presented on the human rights situation on specific themes we have been implementing through our special procedures. We came to the conclusion that the human rights situation in Africa is far from rosy, fragmented as it is by the diverse and repetitive human rights violations. This state of affairs is further aggravated by the lack of Good Governance, lack of respect of the principles of democracy and numerous problems linked to social, economic and cultural rights. For the ACHPR, it was the chance to bridge the gap between the African commission on Human and Peoples Rights and the Pan African Parliament. 6 Third Joint-Meeting of the African Commission and the African Court on Human and Peoples Rights, 27 to 29 April 2010 (Arusha/Tanzania) 20. Since 2009 the ACHPR has been holding regulatory meetings with the African Court examining regulations guiding the two institutions to complement each other according to the July 1989 Protocol on the creation of the African Court on Human and Peoples Rights. This meeting held from the 27 to 29 April 2010 in Arusha was the third of its kind after the one held from 26 to 30 July 2009 and previously in Dakar from 10 to 15 October 2009, had the main objective of examining the provisions of the Rules of Procedure of the African Court on relations between the
ACHPR and the African Court. The two institutions have just finalised their respective Rules of Procedure. This meeting marked the end of many organized to harmonise our Rules of Procedure according to the principle of complementarities. We were therefore finally able to adopt these texts and pave the way for a more effective protection of human rights on the continent. Strengthening Cooperation between Regional and International Mechanisms for the Promotion and Protection of Human Rights from 3 to 4 May 2010 (Switzerland Geneva) 21. The United Nations High Commission on Human Rights organized from the 03rd to 04 May 2010, (Switzerland, Geneva), an International Workshop on the Strengthening Cooperation between the Regional and International Mechanisms for the Protection and Promotion of Human Rights. We presented two papers at the workshop on : The Enforcement of Decisions and Recommendations of Existing Regional Human Rights Mechanisms and the International System of Human Rights, The Current Regional Human Rights Mechanisms: Lessons Learned and Proposals for Strengthening Cooperation between the United Nations System and Regional Mechanisms on Human Rights. 7 22. The Commission was not able to attend the first Workshop because we had been in full session at the time 1. The first workshop was organized in response to questions forwarded by United Nations, Regional and Sub-regional Organs to reach synergy on questions related to human rights. At the end of the workshop, the Human Rights Council by Resolution 6/20, May 2008, urged the Human Rights High Commission to organize a workshop to promote exchange of views on Good practice, Added Value and Challenges faced by Regional Organs for the Promotion and Protection of Human Rights. 23. During this workshop held from 3 and 4 May 2010, Discussions were held on cooperation between the various mechanisms and the need to put in place appropriate means and strategies to strengthen cooperation, particularly on the issue of functionality of these organs. Representatives from regional human rights organs ; from other African countries, America, Europe and even from Asia 2 shared reports of regional consultancies undertaken on this theme and exchanged lessons learned. Proposals were also made on how to strengthen cooperation. The recently constituted organs also contributed their own input during the workshop. 24. As an organ of implementation for human and peoples rights on the continent the ACHPR uses this method through its Special Procedures 3 and should be involved 1 The 44th Ordinary Session held in Abuja, Nigeria, 10 to 24, November 2008 2 The Asian mechanism is the most recent of regional mechanisms. 3 See the special mechanisms on Working Groups of the ACHPR.
in this initiative. The themes highlighted by the Commission specifically mentioned the issue of unlawful detention and prisons reforms, the use of torture, freedom of expression and right to information, the principle of universal human rights, access to justice, the question of independence of human rights organs and the protection of human rights organs. Recommendations were made at the end of this workshop on the need for more transparent cooperation. 6th Dialogue between the European Union and the African Union Organs (7 Mai, Brussels/Belgium) 25. On May 7 2010, we attended the Sixth Dialogue between the AU and EU. This meeting follows five others since 2008 promoting cooperation between the two systems was convened to review the human rights situation at various levels with the purpose of merging efforts to tackle the various human rights violations reported. The numerous themes included on the Agenda concerned Women s Rights, Freedom of Association, Torture, the Rights of Human Rights Defenders and various other human rights violations related to the Electoral process. 26. The two Organs also had discussions on specific human rights issues occurring in places such as Guinea, DRC, Ethiopia and Kenya. The African contingent also debated on the blatant and unacceptable human rights violations perpetrated on African migrants in European countries. 27. During this meeting, we made a brief presentation on the activities of the ACHPR according to the terms of references of the African Charter on Human and Peoples Rights and met with EU Representatives in view of forming future partnerships 4. NGO Forum Preceding the 47th Ordinary Session 28. From the 09 to 10 May we contributed to the agenda of the NGO Forum and made a presentation at the end of the Forum. We also reiterated our commitment to this forum demonstrated by genuine interest to participate and engage with other members in past meetings. We also reminded that meeting of the continuing difficulties encountered to enforce African Commission resolutions; a cause for concern for all. 8 III- ADMINISTRATIVE ACTIVITIES 29. During the intersession, we evaluated activities conducted by the Secretariat in view of implementing various recommendations formulated by the ACHPR during the 46th Ordinary and 8th Extraordinary Sessions according to Article 23 of our Rules of Procedure. 4 For this purpose, we spoke to Mrs Annan Ama, on 14 May on the possibility of obtaining support for the ACHPRs on the specific areas such as torture, freedom of association and also organisation of Working Visits for ACHPR Representatives.
30. From 25 January to 2 February 2010, during the 14th Summit of the AU in Addis Ababa, we presented the 27th ACHPR Activity Report, including our Inter-Session and Session Reports. We highlighted the major constraints preventing effective implementation of the ACHPR agenda, namely : - The general situations human rights cases handled by the Commission even though initiatives are taken without consulting them; - The crucial lack of human and logistics resources for the Secretariat - The Remuneration issues for ACHPR even though provisions are being made in implementation of decisions made at the Head of States Conference 5 to address the matter; 31. I recall that during the Head of State Conference, the Executive Council proposed that African Union Organs should find alternative financial resources for their respective institutions whilst maintaining their independence. We have been in contact with some old and new partners for this purpose. 6 We have also contacted certain Member States to request for technical support for the Secretariat. 32. From 26 February to 1st March 2010, we attended at the 8th Extraordinary Session of the African Commission held in Banjul. This session was organized exclusively for the purpose of finalizing our Rules of Procedure. 33. From the 9 to 22 April 2010, we constituted a Working Group to the ACHPR Head Office in Banjul to assess the state of affairs before the 47 th Session. IV CONCLUSIONS AND RECOMMENDATIONS 34. We realise that we have not undertaken activities in our capacity as member of the Working Group on the rights of Elderly Persons and Physically Disabled in view of the fact that this group will conduct activities during the next intersession. Our colleague, Yeung is the Chairman of the Working group. 35. In this report, the themes of Security, Good Governance and especially cooperation between human rights implementation organs have been given precedence and the Commission has undertaken various activities in these areas. 36. We also note that in terms of human rights protection activities, the Commission has not been very active in the last six months. This is why so few declarations and Press Release have been issued. However, the few cases we have handled recall the importance of the provisions of the African Charter on Human and Peoples Rights and urgency for Member States to sign and ratify the African Charter on Democracy, Electoral process and Good Governance 7. It should also be noted 9 5 See conclusions reached on the matter at the AU Summit of January 2010. 6 The GTZ and Norwegian Representatives, Mauritania, Algeria, Egypt etc. 7 Only three countries, Ethiopia, Mauritania and Sierra Leone have ratified this document. 8 See the report on the different mechanisms.
from reports on our special mechanisms, that human rights violations remain the same even in countries where there is relative security. 37. We also note that multilateral cooperation is necessary if we are to adopt the best strategies for effective accomplishment of our respective mandates for the establishment regional and international judicial instruments. In conclusion, I would like to make the following recommendations. 10 V- RECOMMANDATIONS The ACHPR is recognized as the last resort on Human Rights matters in the Continent and we should strengthen cooperation with similar organs. This should enable us to work more effectively on cases we are petitioned on. Development of the African Strategy on Human Rights should be accelerated since it was approved the 46th Session. The ACHPR should also maintain and even amplify constructive dialogue with their stakeholders; The ACHPR should pursue its efforts to find alternative financial resources to relieve the heavy financial burden of Member States contributions to the African Union Budget. The ACHPR should to find appropriate and sustainable solutions for capacity building of ACHPR representatives and Secretariat staff. We hope that Member States will continue to show interest in the African Commission activities by extending open invitations to conduct Working Visits as well as to hold sessions in their countries