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INTER-SESSION REPORT Mme REINE ALAPINI- GANSOU COMMISSIONER AT THE AFRICAN COMMISSION ON HUMAN AND PEOPLES’ RIGHTS SPECIAL RAPPORTEUR ON HUMAN RIGHTS DEFENDERS IN AFRICA. This report is being presented under item 3 of article 87 of the rules of procedure and refers to promotional activities conducted between the 39th Session of the African Commission on Human and Peoples’ Rights and the present session. The report will be in two sections, the first part covering activities carried out in my capacity as Commissioner and the second, as Special Rapporteur.
At the request of the bureau of the African Commission on Human and Peoples’ Rights, I participated at a brainstorming workshop on the Additional Protocol to the African Charter on Human and Peoples’ Rights on the establishment of an African Court on Human and Peoples’ Rights, in Libreville, Gabon. This Seminar on the “Ratification and Implementation of the Protocol on the Establishment of an African Court on Human Rights” was organised for Central African States. Participants came from Angola, Burundi, Cameroon, Congo, Central African Republic, Democratic Republic of Congo , Gabon and Sao Tomé et Principe. The Seminar was organized by the African Union Commission in collaboration with the African Commission for Human and Peoples’ Rights, the Community of Central African States and the International Centre for the Protection of Human Rights (INTERIGHTS). To date, the Protocol has entered into force, and the Court’s Judges sworn in at the 7th Assembly of Heads of State and Government, held in Banjul, the Gambia, in July, 2006. However, all fifty-three Member States have to ratify the Protocol for it to become fully effective. Coupled with the establishment of the Court, the Commission’s mandate and the enforcement of Charter stand to be strengthened especially with the Court proposing to enhance the protection of Human rights in Africa. Against this backdrop, INTERIGHTS, an NGO, held the above-mentioned workshop for representatives of SADEC member states, Civil Society within the region, African Regional Institutions, including the African Union, and the African Commission on Human and Peoples’ Rights in the wake of that organised for the representatives of ECOWAS States. On behalf of the Commission, I made a statement at the opening session of the workshop in which I gave a brief presentation of the latter as regards its Promotion mandate. I also underscored the importance of the Court as a mechanism for the enforcement of the rights enshrined in the Charter and its binding powers. Furthermore, I was part of the drafting committee for the Final Communiqué which attested to the participants’ commitment to ensure the ratification of the Protocol by country’s who have not yet done so for the protocol to become fully effective. 2- MISSION TO CAMEROON FROM 9TH TO 19th JUNE 2006 I went on a promotion mission to Cameroonian in my capacity as Member of the Commission responsible for the promotion of Human Rights in the country. The mission report will be presented to the Bureau in due course. Suffice it to say that, during the mission, Cameroon expressed its willingness to host one of the Commission’s sessions in 2007. 3- ECOWAS MEETING ON CAPACITY BUILDING STRATEGIES FOR NATIONAL HUMAN RIGHTS INSTITUTIONS 4 TH TO 8 TH JULY, 2006. At the request of the Bureau of the African Commission on Human and Peoples Rights, I participated, in Accra, capital of Ghana in a Brainstorming session on Strategies to build the capacity of National Human Rights Institutions within the ECOWAS region with Experts identified by ECOWAS. This brainstorming was important in that the organizers sought to devise appropriate strategies to make States’ commitments to Human Rights more meaningful. Twenty participants from ECOWAS Member States, the African Commission on Human and Peoples’ Rights and the African Union. Speakers dilated on their country experiences and on the involvement of National Human Rights Institutions in the protection of Human Rights in their respective countries and on the need to abide by the Paris principles when adopting laws on the establishment of National Human Rights Institutions. Since then, ECOWAS has become more visible in its relations with the NGOs and with the Commission. At this session, I spoke on the need to recognize the economic, social and cultural rights of citizens within the ECOWAS region. 4- TRAINING OF RELIGIOUS AND TRADITIONAL LEADERS, FROM 16TH TO 18TH OCTOBER, 2006 In my capacity as Member of the WILDAF-BENIN network I was involved in the training of religious and traditional leaders in the province of DONGA, in Benin, on the provisions of the Benin Persons and Family Law. The Embassy of the Kingdom of Denmark in Benin funds a project known as Rights of the Human Being, Democracy and Good Governance and has identified the WILDAF‑Benin network for its implementation. I trained 25 religious and traditional leaders on the Benin Persons and Family Law which entered into force on 24th August, 2004. The training was important in that the entry into force of the Law has stumbled on social barriers. This is so because generally in Africa, and moreso in my country, Traditional and Religious Leaders hold sway on public opinion and are therefore an effective conduit for the dissemination of the Law. 5- TRAINING OF JOURNALISTS ON WOMEN’S RIGHTS IN BENIN, FROM 24 TH TO 27 TH OCTOBER, 2006. Together with the WILDAF-BENIN foundation, a Seminar for 25 Journalists was organised on Women’s rights in Benin. Benin has four Laws on Women’s Affairs : the Persons’ and Family Law, the Law on Sexual Harassment, the Law on Sexual and Reproductive Health, the Law on the prohibition of female genital mutilation and the Law on the protection of persons living with HIV/AIDS . The aim of the Seminar, therefore was to provide Journalists with all the legal texts pertaining to Women Rights in Benin, give them the rudimentary information on the said text for dissemination within the country. This training was conducted under a Project initiated by WILDAF BENIN and funded by the Canadian Local Initiative Fund in Benin. 6- WOMEN AND GOOD GOVERNANCE, 30TH OCTOBER TO 3RD NOVEMBER, 2006 I served as a facilitator at a training programme on Women’s participation in Good governance for 25 representatives of NGO members of the network. The objective of the workshop was firstly to build the capacity of members of women’s organisation involved in all areas touching on Women’s rights to influence decisions, policies, programmes and budgets of the public and private Authorities, secondly to mainstream the points of view, practical needs and strategic interests of women into the decision making process and thirdly to convince Governments. The Seminar was conducted within the framework of the West African Sub-Regional WILDAF Action Plan, in collaboration with the European Union (EU).
I carried out a number of promotional and protection activities but before detailing them I would like to report on cooperation with other Organisations. 1. Cooperation with other Organisations This is based on contacts we have had with colleagues at the United Nations and the European Union. On 22 th June, 2006, through the good offices of the International Society for Human Rights (ISHR), I met my colleagues in Geneva Mrs HINA JILANI at the United Nations, and MR. Michael MATTHIESSEN at the European Union to set out the modalities for future cooperation between our Organisations. On 17 July, 2006, together with my counterpart at the European Union, I called on the Representative of the Secretary General of the United Nations at the UNMC and on the Director of the Human Rights Departed to decide on how to involve the UNMC in the alleviation of problems currently besetting Human Rights Defenders in the DRC. 2. PROMOTIONAL ACTIVITIES a. Atlanta Forum, 22 nd to 24 th May, 2006. At the invitation of the Carter Centre (a Centre set up by President Jimmy Carter, the former President of the USA,) I was in Atlanta for a Conference organized by HUMAN RIGHTS FIRST, from the 22 nd to the 24 th May, 2006,. The theme of the conference was : « Beyond elections : Human rights defenders at the age of democratisation » the objective being to persuade Human Rights Defenders and their partners to be play a more effective role during elections. Some thirty members of Human Rights Defenders NGOs attended this two-day Conference. Resource persons included Madame Louise Harbour, United Nations High Commissioner for Human Rights who co-chaired the Conference with President Jimmy Carter. Other resources persons were: the representatives from the EU, and Inter- Governmental Organisations such as the Inter-American Commission on Human Rights. I introduced the African Commission as a conventional enforcement mechanism for the rights enshrined in the African Charter on Human and Peoples’ Rights and its work on non-conventional procedures in general and other procedures specific to the rights of Human Rights Defenders. I also spoke of the recent developments within the AU, the Commission’s mandate and made a plea for the Commission. Participants, especially those from developing countries, dwelt on the fate of Human Rights Defenders in countries deemed democratic merely because elections had been held and worse still in non-democratic countries. b. Working Visit to Geneva from 18 to 26 June 2005 On the request of the IHRS I carried out a visit. In this context I participated in the annual meeting of experts on special procedures, and in part of the public session of the Human Rights Council. However the primary objective of this working visit was to pursue my discussions with Mrs. HINA JILANI and to familiarise myself with the structures and the United Nations Human Rights Bureaux from which I obtained a lot in the context of the implementation of the special procedure on the rights of human rights defenders. c. From 17 th to 18 th July 2006 At the invitation of the European Bureau of the Peace Brigade, (an international NGO created in 1981 and which has the objective of creating strategic security conditions for human rights defenders), I took part, in collaboration with other resources persons, in a seminar with the theme: « Security and Protection of Human Rights Defenders», in Kinshasa in DRC, at the headquarters of the UNMIC. The objective of this seminar was to find, in collaboration with the defenders of the Great Lakes region, strategies for their own protection in case of danger. The participants at this seminar were informed about the existence of the PBI website, which could be used, should the need arise, as a tool for the protection of human rights. During this seminar, I presented a Communication on the protection of human rights defenders within the African system. In this context, I spoke about the sources of the rights of defenders at the universal level and at the regional African level, namely, the United Nations Declaration of 1998, the Declarations of the Great Bay of Mauritius and Kigali. Undoubtedly, as legal basis, proper and specific to this law, I recalled the Resolutions taken in 2004 and 2005 by the Commission and which give substance to the procedure of the Special Rapporteur for the protection of human rights defenders in Africa. Subsequently, I presented our mandate and Programme of Action in a workshop which can be summarized in a collaborative action with all the activists, and with competent human resources. To conclude, I observed that our action would be meaningless if I did not obtain the frank collaboration of the members of civil society, notably from the human rights defenders, the States and other partners. During this same seminar, Mr. Michael MATTHIESSEN, personal representative of the Secretary General of the EUROPEAN UNION, invited to this seminar, had also presented the guidelines of the EU which, in their entirety, protect human rights defenders and even compels all the EU representations to work towards their implementation. Our discussions focused on the cases of the violation of the rights of defenders, on the difficulties encountered by human rights defenders and the strategies for the improved protection of human rights defenders. d. From 22 nd July to 1 st August 2006 I carried out, in my capacity as Special Rapporteur for Human Rights Defenders in Uganda, a joint mission with my colleague Maître MumBa Malila. I wish to seize this opportunity to pay homage to the Ugandan Government and all the Officials who made it possible for us to carry out this mission. I wish to seize the same opportunity, Madam Chairperson, to remind our kind State delegates about the Notes Verbale which we had sent pertaining to our missions and which have, to date, remained without reaction.
I participated in a workshop in Bujumbura, Burundi on the theme, « the role of National Institutions and the Media in the protection of the rights of human rights defenders in Central Africa” which had been organized by the African regional Division of Amnesty International. The objective of this seminar was to indicate to the participants the means at the disposal of Amnesty International to assist human rights defenders when they are in danger. The seminar also had the objective of placing at their disposal the existing legal arsenal and mechanisms for the protection of the rights of human rights defenders in the regional African system. At the opening of this seminar, I gave an address in which I defined the context of the seminar and highlighted its importance. I then made a presentation on the universal and regional human rights protection mechanisms; which enabled me to highlight the protection mission of the African Commission on Human and Peoples’ Rights.
At the invitation of the International Human Rights Service, I participated in a training workshop on the theme « Defence of Human Rights Defenders in the Mano River region ». On this occasion, I presented a paper pertaining to our mandate, during which, after having outlined the background of the Commission, I presented its double mission of promotion and protection in its current context which requires it to be an effective Commission where the Member States, Civil Society and the International Community are concerned; I presented the motivations which first of all underlie the effort to achieve regionalisation of the instruments and mechanisms of promotion and protection of human rights and subsequently the creation of the special procedures which constitute our mandates in general and the one for which I am responsible, in particular. In these States the socio-political crises have worsened the working conditions of human rights defenders who are still not understood by numerous actors. It is therefore as a result of this state of affairs that the IHRS carried out a consultation in Sierra Leone in 2005. During this workshop I met with the defenders of the States of the Mano River Union, with whom I analysed the situation of the rights of the defenders in their country and identified the problems that they are faced with. There is no longer any doubt that the environment in which these men and women work is difficult where it is evident that some are trying to work in a post war period and others are doing so in a situation of deep crises. Together we worked out strategies to effect a visit to all the Mano River States. In order to respond to the need to build the capacities of the human rights defenders in the MANO RIVER UNION area, I contributed to the drafting of a study project on the work of human rights defenders in countries in conflict or in countries emerging from conflicts. Furthermore, I met the women human rights defenders of the MANO RIVER; One needs to add their problem of discrimination that of visibility, and as follow up to the previous consultations and to the world market opened and undertaken since last year by Mrs. HINA JILANI in Colombo, SRILANKA, the women defenders of the MANO RIVER intend to pursue this campaign with the support of the Commission. III. PROTECTION ACTIVITIES In this area I have maintained contacts with the States and have had exchanges with them regarding the cases of human rights violations which got to me. Thus, on the 22 nd June 2006 I discussed with the States and with the Nigerian Authorities in conjunction with our colleague, Mrs. HINA JILANI the case of Mr. BUKARI BELLO, and in this context, we sent a joint communiqué expressing our concern about the fate of this human rights defender. On the basis of unremitting and reliable information which I received I also contacted certain States concerning some letters of allegations. By letter dated 21 st June 2006, I conveyed an allegation letter to the Nigerian Government in order to obtain information on the case of Mr. BUKARI BELLO, Executive Secretary of the National Human Rights Commission of Nigeria and Chairperson of the Coordinating Committee of the National Human Rights Institutions. Indeed the latter is said to have been stripped of his duties with no respect whatsoever for the rules in this context because he is said to have harshly criticised the methods used to amend the Constitutions so as to prolong the mandate of the leaders of the African States. To date I have not had any response to this letter. I also contacted other States on various cases of violations of the rights of human rights defenders. They are Tunisia, Algeria, Cameroon, Senegal, Ethiopia, Sudan, Burundi and the Central African Republic. Thus:
I await a reaction to our concern thus expressed from these States and I continue to maintain the dialogue in accordance with our mutual aspirations. In the context of the elections in DRC and on the basis of information which I received, I sent out a communiqué on the fate which was being reserved for the human rights defenders in the DRC. Since the last Session I have sent Notes Verbale to the States for authorisation to visit them on mission but to date, I have not received any reaction from any of them. I sent Notes Verbale, with no reaction, to the following States: SIERRA LEONE, LIBERIA, GUINEA, TUNISIA, DRC, CAR, CHAD, CAMEROON. I wish to appeal to the States so that the link can be maintained; Like UGANDA which received me, LIBERIA has given verbal approval for me to effect this country visit and I think that I should be able to effect the visit in the near future. The Central African Republic has just made a commitment to invite me to carry out a country visit. I would therefore like to feel that the dialogue being maintained by our Commission with the State Parties to the African Charter on Human and Peoples’ Rights is bearing fruit. In Summary The situation of human rights defenders on our Continent is not one of the best, even where in some regions of the Continent there appears to be a relative calm and that faced with any obvious situation of human rights violations, some States endeavour to make amends. In others the laws which violate these rights are still there. Human Rights Defenders are still being harassed but above all there are some who are still ignorant of quite a number of their rights and duties towards the Community. In the context of the latter, I envisage, on the basis of an action plan prepared within the context of my mandate, to embark on training and information activities for the benefit of human rights defenders and political decision makers. I would like to reiterate, to the States, my wish to see them fully honour their commitments under the terms of the African Charter on Human and Peoples’ Rights and that for them to react to our Notes Verbale and authorize our country visits is also part of this commitment. Done in Banjul, The Gambia, the 18 th November 2006.
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