The African Commission on Human and Peoples’ Rights (the African Commission), meeting at its 11th Extraordinary Session in Banjul, The Gambia, from 21 February to 1 March 2012;
RECALLING its mandate to promote and protect human and peoples’ rights in Africa pursuant to the African Charter on Human and Peoples’ Rights (the African Charter);
CONSIDERING the Constitutive Act of the African Union, the African Charter on Human and Peoples’ Rights, the African Charter on Democracy, Elections and Governance, the ECOWAS Protocol on Democracy and Good Governance, the other regional and international human rights instruments and the Constitution of the Republic of Senegal;
CONSIDERING, inter alia, Article 1 of the African Charter which stipulates that “The Member States of the Organization of African Unity, Parties to the present Charter shall recognize the rights, duties and freedoms enshrined in the Charter and shall undertake to adopt legislative or other measures to give effect to them”;
CONCERNED by the serious violations of the right to demonstrate, of the freedom of opinion, of expression and of assembly;
DEEPLY CONCERNED by the atmosphere of insecurity characterized, on the eve of the presidential elections, by serious and repeated threats against the peace of civilians, by arbitrary arrests and acts of intimidation against the population in general and the Leaders of the Opposition in particular;
FURTHER CONCERNED by the use of force by law enforcement Officers who are firing live bullets at peaceful demonstrators resulting in the loss of lives;
CONCERNED about the current deteriorating human rights situation in Senegal which is likely to endanger the democracy, development and stability of the country;
THE AFRICAN COMMISSION- STRONGLY
CONDEMNS the persistent and serious human rights violations
which are tarnishing the electoral campaign, and the use of force against
peaceful demonstrators;
- CALLS
ON the Senegalese
Government to guarantee the right to freedom of opinion, of expression, of
assembly and of peaceful demonstration in conformity with the Constitution
of Senegal;
- URGES all the Parties to put an
immediate end to the violence, and more particularly calls on the political
Leaders, the presidential candidates and other stakeholders to refrain
from all acts that may threaten public law and order;
- CALLS
ON the
Government and the Opposition to initiate dialogue towards the resolution
of their differences so as to foster the holding of free, peaceful and transparent
elections;
- URGES the Government of
Senegal to guarantee, at this decisive moment in the history of the
country, the security of all its citizens and that of the Leaders of the
Opposition and to ensure that human rights and fundamental liberties are
fully respected and guaranteed;
- URGES the Government of Senegal put an end to all
acts of intimidation, to immediately and unconditionally release the
demonstrators who were arbitrarily arrested, and to take all the
necessary measures to put an end to impunity by ensuring that all
perpetrators of acts of violence are brought to justice;
- URGES the
Government of Senegal to honour its commitments under the African Charter,
the Constitutive Act of the African Union and the other relevant human rights
instruments to which Senegal is party;
- FINALLY CALLS ON the African Union and the entire International Community to lend their support to the peaceful conclusion of the current electoral process in Senegal.
Done in Banjul, The Gambia, 22 February 2012.