Newsletter

In this edition ...

Editorial
Highlights of the Opening Ceremony of the 31st Ordinary Session
Death of H.E. Mr. Idé Oumarou, former OAU Secretary General
Activity Report of the Commissioners
Activity Report of the Special Rapporteur on Prisons and Conditions of Detention
Activity Report of the Special Rapporteur on womens’ rights
Final Communiqué of the 31st Session
Consideration of State Reports
International Criminal Court
Activities of the Secretariat
Staff Information

EDITORIAL

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The 31st Session of the African Commission on Human and Peoples’ Rights (ACHPR) held in Pretoria, South Africa, from 2nd to 16th May 2002, was marked by both symbolism and success.
It was marked by symbolism since South Africa has lived through a painful history for decades. The people of South Africa have succeeded in getting over unspeakable injustice and non descript suffering inflicted on them during apartheid. ACHPR has always been with this gallant people in their noble struggle for the recovery of their dignity and all their fundamental rights.
Holding the 31st Session on the South African soil was the realization of a long held dream for ACHPR and an opportunity for it to reiterate to the Government and the people of South Africa its unwavering support of their efforts towards national reconciliation and reconstruction in sobriety and democracy.
The event was a success since, once again, the Session was attended by a number of people never seen before. More than 460 delegates, representing States Parties, National Institutions of Human Rights, Non Governmental and International Organizations and civil society, contributed to the success of the Session during the 15 days it lasted.
Such a record attendance is a testimony of the importance attached to the mandate entrusted to the African Commission on Human and Peoples’ Rights for the protection and promotion of human and people’s rights.
In fact, over the last few years, the process of the promotion and protection of human and peoples’ rights has taken on a new dynamic which has gained the support of all the partners. This is true since a good number of States Parties’ delegations have been led by high level personalities.
In its continuous concern of keeping in step with the new developments taking place in our continent, the African Commission on Human and Peoples’ Rights has been involved in the process of the “New Economic Partnership for Africa’s Development - NEPAD - and Human Rights”, as well as the establishment of the African Union. ACHPR will continue to be involved in this debate.
To conclude this Editorial, we wish to express our sincere gratitude to the Government of South Africa for having spared no efforts to ensure that the 31st Session is held in excellent conditions, which led to its success.
Please, read on!

HIGHLIGHTS OF THE OPENING CEREMONY OF THE THIRTY FIRST ORDINARY SESSION

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The 31st Ordinary Session of the African Commission on Human and Peoples’ Rights was held from 2nd to 16th May 2002 in Pretoria, South Africa, under the Chairmanship of Commissioner Rezag Bara.
The official opening of the session was graced by the presence of H.E. Jacob Zuma, Vice President of the Republic of South Africa.
In his statement, Vice President Zuma expressed the joy and pride of South Africa for hosting for the first time the Ordinary Session of the African Commission. He declared that the people of South Africa attached great value to the promotion and protection of the culture of human rights throughout Africa and the world.
H.E. Zuma stated that for almost a decade, Africa had embarked on the road to democracy, and that both the New Economic Partnership for Africa’s Development (NEPAD) and the-soon-to be African Union (AU) represented credible approaches forgetting Africa out of its present situation of poverty and underdevelopment.
The Vice President urged those States that had not yet ratified the Protocol establishing the African Court on Human and Peoples’ Rights to do so. While reiterating his support for the activities of the African Commission on Human and Peoples’ Rights, H.E. Zuma called upon all civil society organizations to strengthen their collaboration with the African Commission in its mandate for the promotion and protection of human rights in Africa.
The Chairman of the African Commission on Human and People’s Rights, Mr. Kamel Rezag Bara, also made a statement.
The Chairman started by expressing his sincere thanks to the Government and the people of South Africa on behalf of the African Commission on Human and People’s Rights and all the participants. He then recalled the painful history that the people of South Africa had gone through, underscoring that this valiant people had succeeded in regaining their freedom and establishing a strong democracy through their commendable sacrifices.
Moreover, Mr Rezag Bara expressed his happiness on seeing the number of participants to the different sessions of the African Commission continue to increase, a proof of the “growing interest and sustained attention that the States Parties and other partners attach to our work”, he added.

Referring to the positive developments in the general situation of human rights in some States such as Sierra Leone and Angola, the Chairman called for increased vigilance given the fresh outbreaks of armed conflicts in some regions.
Finally, Honorable Sgaïr Ould M’Barreck, Minister of Justice of the Islamic Republic of Mauritania, and Mr. Moneib Genedy made statements on behalf of the States Parties and Non Governmental Organisations present respectively.

DEATH OF HIS EXCELLENCY MR. IDE OUMAROU, FORMER SECRETARY GENERAL OF THE OAU.

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The African Commission on Human and Peoples’ Rights conveys its condolences to the President of the Republic of Niger and the bereaved family, following the death of H.E. Mr Idé Oumarou.
His Excellency Mr. Idé Oumarou was Secretary General of OAU from 1985 to 1989.
It was he who on 2nd November 1987, he convened the very first session of the African Commission on Human and Peoples’ Rights and inaugurated the headquarters of the Commission in Banjul, The Gambia, in June 1989.

ACTIVITY REPORTS OF THE COMMISSIONERS

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ACTIVITY REPORT OF CHAIRMAN REZAG BARA

• 29th January 2001: meeting with H.E. Mr. Amara ESSY, Secretary General of OAU, during his visit to Algiers;
• 22nd – 26th November 2001 in Lisbon, Portugal: attended the annual meeting of North-South Centre on Human Rights of the European Council;
• December 2001 in Algiers, Algeria: gave a lecture on the African system of human rights to law students at the Institute National de la Magistrature of Algiers;
• 26th January 2002 in Tripoli, Libya : attended as observer a meeting on the OAU Mechanism for Conflict Management and Prevention in Africa;
• 12th – 14th April 2002 in Tripoli, Libya: attended a Conference organised by the Institut Robert Schuman of the European Commission on the dialogue among Euro-Mediteranean cultures;
• Wrote a Preface for Dr Fatsa Ouguergouz’s book on the African Charter on Human and People’s Rights from the legal point of view between tradition and modernity;
• Wrote also a Preface for the second volume of the compilation of the decisions of the African Commission on communications, to be published by the Institute for Human Rights and Development based in Banjul, The Gambia;
• Made two urgent calls on behalf of the African Commission to the Heads of State of:
  o Nigeria, requesting him to intervene in the case of Mrs Safiya Yakubu Hussaini who had been sentenced to death;
  o Eritrea, requesting him to intervene in the case of 11 people arrested and detained incommunicado for many months.

ACTIVITY REPORT OF VICE CHAIPERSON MRS JAINABA JOHM

• 5th – 7th November 2001 in Geneva, Switzerland: attended a meeting on the theme: “Dialogue on the Creation of an Enabling Environment for Human Rights in the African Union”;
• 22nd December 2001 – 5th January 2002 : meetings with officials in the Ministry to discuss the issue of the land allocated to the Commission for the construction of its head office and other human rights related questions;
• 3rd – 8th March 2002 in Addis-Ababa, Ethiopia : attended the African Development Forum;
• 29th April – 1st May 2002 in Pretoria, South Africa: attended the NGOs Forum.

ACTIVITY REPORT OF COMMISSIONER SALAMATA SAWADOGO

• 11th – 18th March 2001 : promotional mission in Niger.
• 13th – 27th October 2001 in Addis Ababa, Ethiopia : attended the first meeting of Experts on the Draft Protocol on Women’s Rights in Africa;

ACTIVITY REPORT OF COMMISSIONER E. V. O. DANKWA

• 2nd November 2001: gave a lecture at the University of Zimbabwe in Harare during the Fourth Memorial of Herbert Chitepo on the theme: « The Meaning of Human Rights and Democracy in the Fight Against Poverty in Africa »;
• 10th – 11th November 2001 in Geneva, Switzerland: attended a seminar on the definition of torture organised by the Association for the Prevention of Torture;
• 24th – 26th November 2001 in Lisbon, Portugal : attended the first session of the 2001 Lisbon Forum on the theme: Children and Youth in Africa: Makers of their Own Development.
• 25th March 2002 in Geneva, Switzerland: made a presentation at the seminar on the Defense of Human Rights, organised jointly by the Office of the United Nations High Commission on Human Rights and the International Department on Human Rights on the theme « Recommendations on follow up action of the Conference against Racism: African Perspectives».

ACTIVITY REPORT OF COMMISSIONER IBRAHIM ALI BADAWI EL SHEIKH

• Continued the preparation of the seminar on Economic, Social and Cultural Rights, jointly with INTERIGHTS, the Cairo Institute for Human Rights Studies and Economic Rights Action Centre;
• Lecture at the University of South Africa on the theme: “African Union and Human Rights”;
• Preparation of a course to be organised at the Centre for Human Rights at the University of Pretoria on the theme: “Future Relations between the African Commission and the African Union”.

ACTIVITY REPORT OF COMMISSIONER VERA CHIRWA

• Elaboration of a Draft Code of Conduct for Commissioners in accordance with the mandate entrusted to the African Commission at the 30th Ordinary Session;
• Meetings and discussions with the Authorities in Malawi with a view to fostering their awareness on the need to ratify the Protocol establishing an African Court on Human and People’s Rights and on submitting the initial and periodic reports to the Commission;
• General promotion of the Commission during several meetings.

ACTIVITY REPORT OF COMMISSIONER BARNEY N. PITYANA

• 10th – 11th February 2002 in Cape Town, South Africa: attended the meeting of the Task Force on the Draft Declaration of Principles on the Freedom of Expression in Africa;
• 12th - 14th February 2002 in Cape Town and Roben Island, South Africa: attended the Workshop on the Prevention of Torture and Ill Treatment in Africa, organised by the Association for the Prevention of Torture (APT) in collaboration with the African Commission;
• Participated in the activities of the Task Force on the Rights of Indigenous Populations and in the organisation of a meeting of this Task Force held in Pretoria immediately before the 31st Ordinary Session;
• Took part in the preparation of the 31st Ordinary Session of the African Commission;
• 3rd - 4th April 2002: participated in various activities as a member of the Bureau of Governors of Global Reporting Initiative.

ACTIVITY REPORT OF COMMISSIONER ANDREW R. CHIGOVERA

• November 2001 in Harare, Zimbabwe: made a statement at the opening of the Media Lawyers Workshop;
• 10th – 11th February 2002 in Cape Town, South Africa: attended the meeting of the Task Force on the Draft Declaration of Principles on the Freedom of Expression in Africa;
• 12th – 14th February 2002 in Cape Town and Roben Island, South Africa: attended the Workshop on the Prevention of Torture and Ill Treatment in Africa, organised by the Association for the Prevention of Torture (APT) in collaboration with the African Commission;

ACTIVITY REPORT OF COMMISSIONER YASSER SID AHMAD EL HASSAN

• 26th – 29th November 2001 in Addis-Ababa, Ethiopia:
• 26th - 2 April 2002: Promotion mission in Libya and Sudan;
• Attended the meeting of Experts on the Draft OAU Convention against Corruption;
• Attended several meetings in Khartoum. Made several presentations on the operations of the African system for the promotion and protection of human rights for Government officials and representatives from NGOs.

ACTIVITY REPORT OF COMMISSIONER HATEM BEN SALEM

• January 2002 in Tunis, Tunisia : presentation on economic, social and cultural rights;
• Studies on globalisation and its impact on economic, social and cultural rights as provided for by the African Charter;
• Attended the seminar on the “Follow up and Ways of Implementing the Conclusions of the Durban Conference on Racism” organised by North-South Centre and a coalition of western NGOs;
• Participated in the negotiations of the Additional Protocol of the United Nations Convention against Torture;
• Attended the meeting of the Task Force on the Right to Development;
• Attended the session of the United Nations Commission on Human Rights;
• Made several contacts with the Association for the Prevention of Torture in the preparation of the workshop on the Prevention of Torture and Ill Treatments held in Cape Town and Roben Island in February 2002.

ACTIVITY REPORT OF THE SPECIAL RAPPORTEUR ON WOMEN’S RIGHTS

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Elected Special Rapporteur on Women’s Rights in Africa at the 30th Session of the Commission, Commissioner Angela Melo presented the activities carried out in this field as follows:

• 12th – 16th November 2001 in Addis Ababa: attended the first meeting of Experts on the Draft Protocol of the African Charter on Women’s Rights in Africa;
• 28th February – 3rd March 2002 in Montreal, Canada : attended the meeting organised by NGO Rights and Democracy. In this connection, Special Rapporteurs on Women’s Rights of the Inter American System, the United Nations System and the African Commission issued a joint declaration at the end of the meeting;
• Meetings with NGOs involved in the field of Women’s Rights in the perspective of translating into action cooperation with the Commission;
• Urgent appeal to the Head of State of Nigeria requesting him to intervene in the case of Mrs Safiya Yakubu Hussaini who had been sentenced to death by Shaaria Tribunal.

ACTIVITY REPORT OF THE SPECIAL RAPPORTEUR ON PRISONS AND CONDITIONS OF DETENTION IN AFRICA

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In her capacity as Special Rapporteur on Prisons and Conditions of Detention in Africa, Commissioner Vera Mlangazuwa Chirwa undertook two missions in Uganda and Glasgow from 11th to 23rd March and in April 2002 respectively where she visited prisons and detention centres. She moreover held discussions with the authorities of the prisons on various issues.
In April 2002, she visited Paris where she met with the officials of Réforme Pénale Internationale.

FINAL COMMUNIQUE OF THE 31st ORDINAIRY SESSION

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1. The African Commission on Human and Peoples’ Rights held its 31st Ordinary Session in Pretoria, South Africa from May 2nd to 16th, under the chairmanship of Mr Kamel Rezag Bara.

2. The following members attended this Session:

- Commissioner Kamel Rezag ,Bara, Chairperson
- Commissioner Jainaba Johm, vice Chairperson
- Commissioner Ibrahim Ali Badawi El Sheikh
- Commissioner Hatem Salem
- Commissioner Andrew Ranganayi Chigovera
- Commissioner Vera Mlangazuwa Chirwa
- Commissioner Emmanuel V. O. Dankwa
- Commissioner Yaser Sid Ahmed El-Hassan
- Commissioner Angela Melo
- Commissioner Nyameko Barney Pityana
- Commissioner Salamata Sawadogo

3. Before the opening ceremony of the 31st Ordinary Session, the chairman of the African Commission, Mr Kamel Rezag Bara, called for a minute’s silence in memory of His Excellency Mr Ide Oumarou, ex-Secretary General of the Organisation of African Unity (OAU), who had recently died. He recalled that the first very first session of the African Commission was convened by Mr Ide Oumarou on November 2nd 1987 and that he also inaugurated the African Commission’s headquarters in June 1989 in Banjul,The Gambia.

4. The session was officially opened by His Excellency Mr Jacob Zuma, Deputy President of the Republic of South Africa.

H.E. Jacob Zuma expressed the pleasure and pride of his country in hosting this 31st Ordinary Session of the African Commission. He recalled that South Africa had experienced a painful past and that this made human rights so much more precious.

For almost a decade, the principle of democracy has gained momentum in Africa. NEPAD and the African Union, which will shortly come into being, represent credible initiatives to bring Africa out of its present situation. Mr Jacob Zuma urged those States who had not yet done so, to ratify the Protocol creating an African Court of Human and Peoples Rights.
The Deputy President closed by pledging support for the activities of the African Commission and urged all civil society organizations to strengthen their relations with the Commission, and its missions to promote and protect human rights in Africa.

5. During the opening ceremony, addresses were given by H.E. Sga¿r Ould M’BARECK, Minister of Justice of the Islamic Republic of Mauritania in his capacity as representative of delegates of States Parties to the African Charter on Human and Peoples’ Rights attending the Session, and by Mr Mohamed Genedy on behalf of the Non-governmental Organisations that have observer status with the Commission.

6. The Commission heard statements from several representatives of States Parties, National Human Rights Institutions, Inter-governmental organizations, non-governmental organizations and other invited guests.

7. The representatives of the National Human Rights Institutions and the non-governmental organizations expressed their deep concern about the human rights situation prevailing in numerous African States despite the efforts made by the Commission through its protection and promotional mandates. The said member States exercised their right of reply.

8. The members of the Commission presented their inter-sessional activity reports. The Special Rapporteur on Prisons and Detention Conditions in Africa, Dr Vera Mlangazuwa Chirwaalso presented her report, as did the Special Rapporteur on the Rights of Women in Africa, Dr Angela Melo.

9. The African Commission granted affiliate status to the following National Human Rights Institutions:

• The National Committee for Human Rights of Cameroon
• The National Commission for Human Rights of Togo
• The National Human Rights Initiative of Mauritius

10. The Commission also granted observer status to the following non-governmental organizations:

• HURI-LAWS The Human Rights Law Service (Nigeria)
• Women in Law in Southern Africa (Zimbabwe)
• Groupe Lotus (DRC)
• Développement 2000 (Benin)
• Commonwealth Human Rights Initiative (Ghana)

11. The African Centre for Democracy and Human Rights Studies in collaboration with Human Rights Institute of South Africa (HURISA) and the African Commission on Human and Peoples’ Rights, held an NGO Forum from the 29th April to 1st May 2002 in Pretoria, South Africa. The valuable contributions, which emanated from the Forum were included in the deliberations of the 31st Ordinary Session.

12. In accordance with Article 62 of the African Charter, Cameroon, Lesotho and Mauritania presented their Initial Reports, whilst Togo presented its first Periodic Report.
13. In the context of its promotional activities, the Commission confirmed its decision to organise seminars on the following topics:

• Economic, social and cultural rights;
• Refugees and displaced persons;
• Rights of the people with disability;
• The right to education.

Reports were presented on the Workshop on the Prevention of Torture and Ill-Treatment in Africa and the meeting of the Working Group on the Freedom of expression.

14. The African Commission considered altogether twenty-four (24) communications. Of those 24 communications, the Commission was seized of eight (8) new communications and delivered decisions on inadmissibility on two (2). One communication was withdrawn by the Complainant. Thirteen (13) communications were deliberated upon and deferred to the 32nd Ordinary Session for further consideration.

15. The African Commission expressed satisfaction with the number of participants who attended its 31st Ordinary Session; there were one hundred and forty-eight (148) delegates from thirty-six (36) States Parties; twenty-one (21) participants from eight (8) National Human Rights Institutions, two hundred and eight (208) participants from fifty-one (51) African and International Non-Governmental Organisations (NGOs) and eighty (80) other invitees. There were a total of four hundred and sixty-one (461)participants.

16. The Commission has decided to hold its 32nd Ordinary Session in Banjul The Gambia from 17th to 31st October 2002; its 33rd Ordinary Session in Côte d’Ivoire; its 34th Ordinary Session in Banjul, The Gambia and the 35th Ordinary Session in Cameroon.

17. The Commission adopted the following resolutions:

? Resolution on the ratification of the Protocol on the Establishment of the African Court on Human and Peoples’ Rights;
? Resolution on the ratification of the Statute on the International Criminal Court by OAU/ AU Member States.

18. The Commission adopted its 15th Annual Activity Report.

19. The African Commission expressed its sincere thanks and deep appreciation to the government of South Africa for the facilities put at their disposal and for the generous welcome and hospitality they had received, which all contributed to the successful outcome of this 31st Ordinary Session.

20. The 31st Ordinary Session was closed on May 16th 2002 by Honourable Dr Penuell Maduna, Minister of Justice and Constitutional Development of the Republic of South Africa.

21. The Chairperson of the Commission held a press conference immediately after the closing ceremony.
Done in Pretoria, South Africa, May 16th 2002.

CONSIDERATION OF STATE REPORTS

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Pursuant to Article 62 of the African Charter on Human and People’s Rights, four States Parties presented their initial or periodic reports to the 31st Ordinary Session as follows:
Mauritania : Rapporteur : Commissioner Rezag Bara. Initial Report presented by Honourable Sghaïr Ould Mbarreck, Minister of Justice.
Lesotho : Rapporteur : Commissioner Barney Pityana. Initial Report presented by Mrs Polo Evodia Chabane and Mrs Lebotsa Pontso Refiloe, Head of the Legal Department and Head of the Legal Services Unit in the Ministry of Justice respectively.
Cameroon : Rapporteur : Commissioner Sawadogo. Initial Report presented by Honourable Dion Nguté Joseph, Assistant Minister in the Ministry of External Relations and Commonwealth.
Togo : Rapporteur : Commissioner Hatem Ben Salem. Periodic Report, combining all the reports since 1995, presented by Mr Dosse Lambert d’Almeida, Principal Private Secretary in the Ministry of Justice responsible for the promotion of democracy and the rule of law.

ACTIVITIES OF THE SECRETARIAT

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In collaboration with the Danish Centre for Human Rights, the Secretariat embarked on the preparation of the 2003-2006 Action Plan in July 2002. For several days, discussions were held between Mr Ivan Nielsen and the staff of the Commission. This Action Plan aims at supporting the Commission in fulfilling its mission of protection and promotion of human and peoples’ rights.
Once finalised, the Action Plan will be submitted to the partners of the African Commission on Human and Peoples’ Rights for financing.

INTERNATIONAL CRIMINAL COURT

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Having reached the required 60 ratifications last April, the International Criminal Court entered into force with effect from 1st July 2002.
Among the 66 States that ratified the Rome Charter, 14 are from Africa, namely: Benin, Botswana, Central African Republic, Democratic Republic of Congo, Gabon, Ghana, Lesotho, Mali, Mauritius, Niger, Nigeria, South Africa, Senegal and Sierra Leone.
Pleased with this noteworthy progress, the African Commission on Human and Peoples’ Rights urged Member States of OAU/AU that have not yet ratified the Rome Charter and the Protocol establishing the African Court on Human and Peoples’ Rights to do so as soon as possible. In this connection, the African Commission adopted a resolution during its 31st Ordinary Session held in Pretoria, South Africa, from 2nd to 16th May 2002.

STAFF INFORMATION

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Moussa GANDEGA came back on 4th April 2002. He is the Press and Information Officer at the African Commission.
Trainee
Isatou Harris joined the ACHPR as an intern on March 2002. She was working at the Attorney General’s Chambers, Department of State for Justice, Banjul, The Gambia
Two American students, Matthew Jones from University School of Law and Melysa Sperber from Georgetown University Law Center, Georgetown Public Policy Institute, are currently doing their internship that will last about two months in the Legal Department at the African Commission.