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اللجنة الأفريقية لحقوق الإنسان والشعوب

جمهورية مصر العربية: التقرير الدوري الأول ، 1986-1992

تغطية المدة:1984 - 1992

تاريخ التقديم: آذار 09 , 1992

نظرت الدورة:11th Ordinary Session



الملاحظات والتوصيات الختامية - مصر: التقرير الدوري الاول،1986-1992

اعتمد في الدورة العادية رقم 11 آذار 02 to آذار 09 , 1992 ,Tunisie.

Thirty-Ninth Ordinary Session
11 – 25 May 2006, Banjul, The Gambia

 

Consideration of Reports Submitted by States Parties under Article 62 
of the African Charter on Human and Peoples’ Rights

Concluding Observations and Recommendations on the Initial Report of the
Central African Republic


I - Introduction

1. The present Concluding Observations follow the submission of the Initial/Periodic Report of the Central African Republic (CAR), State Party to the African Charter on Human and Peoples’ Rights (the African Charter) having ratified the latter on 26 April 1986.

2. This Report was presented and considered during the 39th Ordinary Session of the African Commission on Human and Peoples’ Rights (the African Commission), held in Banjul, The Gambia, from 11 to 25 May 2006. 

3. The present Report, which combines all the ten outstanding Reports (1988 – 2006) of the CAR, was received at the Secretariat of the African Commission on Human and Peoples’  Rights on the 17 January 2006 from H.E. Mr. Thierry Maleyombo, High Commissioner for Human Rights and Good Governance of the CAR.

4. The CAR Report was presented to the African Commission by a Delegation led by H.E. Mr. Henri Maïdou, Minister of State, Minister of Justice and Human Rights, Special Adviser to the President of the Republic.

5. These Concluding Observations give an account of the positive aspects identified in the Report as well as the factors restricting the enjoyment of human and peoples’ rights as stipulated in the African Charter.

6. The Concluding Observations also deal with the areas of concern and the recommendations of the African Commission to the Government of the CAR.

7. The African Commission notes with satisfaction that the presentation of the CAR Report took place in a public session, in an atmosphere of frank and constructive exchanges between the Delegation of the CAR and the African Commission.

8. The African Commission thanks H.E. the Minister of State Mr. Henri Maïdou and his delegation for having provided the detailed responses and clarifications to the questions and requests for clarifications from the Members of the African Commission.

II - Positive Aspects

The African Commission:

9. Congratulates the CAR for having presented its Initial/Periodic Report in conformity with Article 62 of the African Charter. The Report was prepared and presented in accordance with the African Commission Guidelines for the Preparation of Periodic Reports;

10. Appreciates the efforts deployed by the Government of the CAR to guarantee the enjoyment of the rights and freedoms prescribed by the African Charter on Human and Peoples’ Rights, notably:

a. The return to institutional constitutionality and the beginning of a process of democratization and national reconciliation;
b. The harmonization of the provisions of domestic legislations with the African Charter;
c. The ratification of international and regional human rights instruments;
d. The implementation of the process of national reconciliation aimed at restoring peace and security;
e. The decriminalization of offenses by the media which is a positive step towards the enjoyment of the right to information;

III - Factors Restricting the Enjoyment of the Rights Enshrined in the African Charter

11.The politico-military situation which characterizes CAR’s history was at the root of the often massive and serious human rights violations and the offshoot of this history of violence constitutes an obstacle to the enjoyment of human rights; 

12. The poverty and impoverishment of the populations also constitute an obstacle to the implementation of the rights and liberties protected and guaranteed by the African Charter especially regarding economic, social and cultural rights.

IV - Areas of Concern

While recognising the efforts of the CAR to promote and protect human rights and to promote awareness of the principles and provisions of the African Charter, the African Commission remains concerned that:

13. The Report does not indicate the measures taken to effectively guarantee the independence of the Judiciary;

14. The situation of vulnerable groups in general and in particular that of women, children and indigenous populations/communities and human rights defenders remains precarious and the Report does not also give enough information on the measures actually taken for the promotion and protection of the rights of these vulnerable categories of the CAR population;

15. The revival of violence and insecurity in some regions of the country is likely to threaten peace and security;

16. There is a consistent lack of organization of the judiciary and the difficulties of access to justice notably for women and vulnerable groups. Difficulties in access to education, the low level of participation in decision making processes as well as the situation of rural women, remain preoccupying.

V - Recommendations

The African Commission recommends to the Government of the CAR to:

17. Pursue institutional reforms aimed at establishing or strengthening all the republican institutions;

18. Create a National Human Rights Institution whose composition and mandate conforms to the Paris Principles and to the Resolution of the African Commission on Affiliate Status;

19. Put in place the necessary reforms and to mobilize financial, material and human resources to strengthen the judiciary;

20. Take into account the consequences of the serious, massive and generalized human rights violations committed during the periods of violent and armed conflicts by identifying and sanctioning the perpetrators of the violations and ensuring that the victims are adequately compensated;

21. Ensure that the conditions of arrest, preliminary interrogation and detention of the presumed perpetrators respect the principles of the Robben Island Guidelines and
the right to a fair hearing; 

22. Take adequate measures in combating insecurity and violence and ensuring their implementation whilst maintaining respect for the provisions of the African Charter;

23. Take the necessary steps towards the ratification of the Protocols to the African Charter on Human and Peoples’ Rights on the Rights of Women and on the Establishment of an African Court on Human and Peoples’ Rights as well as the African Charter on the Rights and Welfare of the Child;

24. Carry out the necessary reforms to guarantee rapid and sustainable human development, favorable to the full enjoyment of human rights in CAR;

25. Carry out reforms to strengthen judicial assistance and the independence of the judiciary;

26. Improve the living conditions in the prisons;

27. Put in place a prison for juvenile offenders;

28. Facilitate access to education especially for girls and their stay in school;

29. Improve the socio-economic conditions of rural women and the participation of women in the decision making process;

30. Transmit to the Secretariat the written responses to the questions posed by the African Commission during the presentation of the Report;

31. Inform the African Commission, in its next Periodic Report, of the steps it has taken to address the areas of concern, as well as how it has implemented the recommendations in this Concluding Observations.

Adopted at the 39th Ordinary Session of the African Commission on Human Peoples’ Rights held from 11 to 25 May 2006, Banjul, The Gambia.

Thirty-Ninth Ordinary Session
11 - 25 May 2006, Banjul, The Gambia

 

Consideration of Reports Submitted by States Parties under the Terms of Article 62 
of the African Charter on Human and Peoples’ Rights

Concluding Observations and Recommendations on the
Periodic Report of the Great Socialist People’s Libyan Arab Jamahiriya


I - Introduction

1. The Great Socialist People’s Libyan Arab Jamahiriya (Libya) is a State Party to the African Charter on Human and Peoples’ Rights (the African Charter) having ratified the same on 19 July 1986.

2. The present Concluding Observations follow from the examination of the Periodic Report of Libya by the African Commission on Human and Peoples’ Rights (the African Commission or the Commission).

3. The Periodic Report covers the period between 2002 to 2005, was submitted to the Secretariat of the African Commission on Human and Peoples’ Rights (the Secretariat) on 24 November 2005 and was considered at the 39th Ordinary Session of the African Commission held in Banjul, The Gambia, from 11 to 25 May 2006.

4. The Periodic Report was presented by a Delegation led by H. E. Hosny El-Wahashi El-Sadik, Secretary of Legal and Human Rights Affairs at the Peoples’ General Congress of Libya.

5. The present Concluding Observations give an account of the positive aspects identified in the Report, the areas of concern, the factors restricting the enjoyment of human and peoples’ rights as stipulated by the African Charter, and the recommendations made by the African Commission in that regard.

6. The African Commission notes with satisfaction that the presentation of Libya’s Report took place in a public session, in an atmosphere of frank and constructive exchanges between the Delegation of Libya and the African Commission.

II- Positive Aspects

The African Commission:

7. Congratulates Libya for presenting its Periodic Report in accordance with the Article 62 of the African Charter.

8. Welcomes that the Report is prepared and presented in line with the guidelines of the African Commission in this regard.

9. Appreciates the efforts made by the Government of Libya in order to give effect to the rights and freedoms provided and guaranteed by the African Charter. The African Commission notes that Libya:
 

Is a party to several regional and international human rights instruments and seeks to comply with them; Has adopted legislative and other measures for the promotion and protection of human rights; Has taken certain steps to ensure women’s participation in the management of public affairs; Has introduced reforms to make the Judiciary efficient; Has consistently pioneered efforts with the African Union and for the advent of a more united Africa; Has taken some steps in order to improve the living conditions of the Libyan people by educating children and fighting for the eradication of poverty.


III- Factors Restricting the Enjoyment of the Rights Guaranteed in the African Charter

10. Certain cultural traditions in Libya contribute to the violation of human rights and have rendered the fight against such practices ineffective.

11. Despite the efforts made in this regard, the measures taken to increase the school enrolment rate, particularly the enrolment of girls, and maintaining them in school, has been insufficient.

IV- Areas of Concern

While recognising the efforts of Libya to promote and protect human rights and to create awareness on the principles and provisions of the African Charter, the African Commission remains concerned that:

12. The judicial system does not fully guarantee the right to fair trial and legal assistance and the prisons lack the requisite facilities;

13. The nomadic population, who need special infrastructure for their education, do not get the right assistance;

14. The exercise by women of their rights remains very limited despite the existence of a national legal framework that puts men and women on the same footing. Despite the presence of women in certain decision making bodies, the empowerment of women remains generally low in Libya.

15. Harmful traditional practices and gender based violence remain major concerns although they are considered criminal acts by the law.

16. Freedom of expression is highly restricted.

V- Recommendations

The African Commission recommends that the Government of Libya should:

17. Intensify efforts for effective implementation of the African Charter;

18. Ensure that gender equality and gender perspective are integrated in all programmes, structures and activities and consider the empowerment of women as a priority;

19. Put in place and enforce legislative measures to fight against gender based violence;

20. Take measures to implement the Robben Island Guidelines, disseminate them among State security agents and the citizenry and investigate serious allegations of torture;

21. Intensify efforts to interact more with members of its civil society organisations, in particular those working in the field of human rights and encourage them to apply for observer status with the African Commission;

22. Fully guarantee the right to freedom of expression and association and peaceful assembly to Non-Governmental Organisations;

23. Take steps to ensure the respect for the rights to freedom of movement and residence;

24. Ensure that measures taken to combating terrorism are in conformity with human rights standards set forth by the African Charter and other relevant human rights instruments ratified by Libya;

25. Put in place adequate facilities for the nomadic population;

26. Observe the moratorium in the carrying out of the death penalty, as per the Resolution of the African Commission adopted at its 26th Ordinary Session;

27. Finalize the judicial reforms in order to ensure that the rights to fair trial and legal assistance are fully enjoyed by the population as per the African Commission’s Principles and  Guidelines on the Right to Fair Trial and Legal Assistance;

28. Finalize the legislative reforms in Human Rights based on Declaration 1999 that were initiated recently and inform the African Commission on the result of the said reform in due course;

29. Take appropriate steps to timely send to the Secretariat the written responses to the questions that were put by Members of the African Commission to the Delegation;

30. Inform the African Commission, in its next Periodic Report in 2008, of the steps it has taken to address the areas of concern, as well as how it has implemented the recommendations in this Concluding Observations.

Adopted at the 39th Ordinary Session of the African Commission on Human and Peoples’ Rights held from 11 to 25 May 2006 in Banjul, The Gambia.

Thirty-Ninth Ordinary Session
11 – 25 May 2005, Banjul, The Gambia

 

Consideration of Reports Submitted by States Parties under Article 62 
of the African Charter on Human and Peoples’ Rights

Concluding Observations and Recommendations on the Periodic Report of the Republic Cameroon


I - Introduction

1. The following Concluding Observations follow the presentation of the Periodic Report of the Republic of Cameroon (Cameroon), State Party to the African Charter on Human and Peoples’ Rights (African Charter) having ratified the same on 20 June 1989.

2. The Report was examined during the 39th Ordinary Session of the African Commission on Human and Peoples’ Rights (the African Commission), held in Banjul, The Gambia, from 11 to 25 May, 2005.

3. The Report covers the period from December 2001 to December 2003 and was submitted to the Secretariat of the African Commission on Human and Peoples’ Rights on 24 November 2005.

4. The Report outlines, in accordance with Article 62 of the African Charter, legislative and other steps taken to give effect to the rights and liberties enshrined in the African Charter especially, the implementation of the recommendations of the African Commission after the submission of the Initial and combined Reports presented during the 31st Ordinary Session held in May 2002 in Pretoria, South Africa.

5. The Report was presented to the African Commission by a Delegation led by His Excellency, Dr. Dion Ngute, Minister Delegate at the Ministry of Foreign Affairs in Charge of the Commonwealth.

6. The present Concluding Observations highlight the positive aspects identified in the report and factors restricting the enjoyment of human and peoples’ rights as enshrined in the African Charter.

7. The Concluding Observations also deal with the areas of concern and the recommendations of the African Commission.

8. The African Commission notes with satisfaction that the presentation of the report of Cameroon took place in public session, and that the discussions between the Delegation of Cameroon and the African Commission were frank and constructive.

9. The African Commission thanks H.E Dr Dion Ngute and his Delegation for the detailed responses and clarifications given to the African Commission at its request.

II - The Positive Aspects

The African Commission:

10. Congratulates Cameroon for the timely presentation of its Periodic Reports, in accordance with Article 62 of The African Charter and both the format and presentation of the Report are in line with the African Commission’s Guidelines on the Preparation of Periodic Reports.

11. Applauds the efforts exerted by Cameroon to guarantee to the people of Cameroon the enjoyment of the rights and liberties enshrined in the African Charter, namely:
 

Ratification of International and regional Instruments on Human Rights; Including training on human rights in the curriculum of magistrates; The efforts made by the Government of Cameroon to place the Administration of Prisons under the Ministry of Justice in a bid to secure better conditions of detention; The enhancement of the policy on free, compulsory and basic education for all; The pursuance and promotion of the culture of respect for human rights in order to reduce the tensions which exist between Anglophones and Francophones within the society and to promote the peaceful co-existence of the various ethnic groups; The efforts deployed by the Cameroon Government to guarantee better access to health care for the populations, notably with regard to endemic diseases and HIV/AIDS; and The considerable efforts deployed by the Government to ensure the provision of care and access to health care by physically disabled and elderly persons.


III - Factors Restricting the Enjoyment of the Rights Enshrined in the African Charter

11. The poverty and the impoverishment of the population constitute a constraint against the implementation of the rights and liberties protected and guaranteed by the African Charter.
.
12. The phenomenon of corruption which prevails in the country is also a factor which affects the chain of equality between people.

IV - Areas of concern

While recognising the efforts of Cameroon to promote and protect human rights and to promote awareness of the principles and provisions of the African Charter, the African Commission remains concerned that:

13. The situation of vulnerable groups in general and in particular that of street children and of indigenous populations/communities and human rights defenders remain precarious;

14. There is an upsurge of intolerance against sexual minorities;

15. The Report does not specify the measures taken to guarantee the independence of the Judiciary and legal assistance to indigents.

16. The Report does not elaborate on the measures adopted to give effect to gender, notably the participation of women in political and economic activities;

V - Recommendations

The African Commission recommends to the Government of Cameroon to:

17. Pursue the institutional reforms aimed at establishing or reinforcing all the Republican institutions;

18. Pursue the policies of prison reforms in order to guarantee better conditions of detention;

19. Take measures to protect and integrate the pygmies and Mbororo who constitute minority groups so that these groups can enjoy the rights prescribed in the African Charter;

20. Take adequate anti-corruption measures to eradicate this phenomenon;

21. Take measures to facilitate the economic integration of women;

22. To ensure that the National Human Rights Commission works in close collaboration with NGOs so that the rights enunciated in the African Charter constitute a reality for all the citizens;

23. Inform the African Commission, in its next Periodic Report, of the steps it has taken to address the areas of concern, as well as how it has implemented the recommendations in this Concluding Observations.

Adopted at the 39th Ordinary Session of the African Commission on Human and Peoples’ Rights held from 11 to 25 May 2005, Banjul, The Gambia

Thirty-First Ordinary Session
2 – 16 May 2002 Pretoria, South Africa

 

Consideration of Reports Submitted by State Parties under the Terms of 
Article 62 of the African Charter on Human and Peoples’ Rights

Concluding Observations and Recommendations on the Initial Report of the Republic of Cameroon


I- Introduction

1. The Republic of Cameroon (Cameroon) is a State Party to the African Charter on Human and Peoples’ Rights (the African Charter) having ratified it on 20 June 1989.

2. The Secretariat of the African Commission on Human and Peoples’ Rights (the Secretariat) received the Initial Report of Cameroon on 23 October 2001. Cameroon submitted a compilation of five (5) outstanding reports owed to the African Commission, in both English and French languages.

3. These Concluding Observations are based on the contents of the Report and the discussions between the African Commission on Human and Peoples’ Rights (the African Commission) and the Delegation of Cameroon following the presentation of the Report to the 31st Ordinary Session held in Pretoria, South Africa, from 2 to 16 May 2002.

II- Positive Aspects

The African Commission:

4. Commends Cameroon for having put in place a conducive environment for the submission and presentation of its initial well-detailed report in accordance with Article 62 of the African Charter.

5. Appreciates the fact that the initial report of Cameroon was prepared in accordance with the African Commission Guidelines for the Preparation of Periodic Reports. It is a very comprehensive Report with relevant statistics indicating, not only the positive aspects of the existing system, but also the difficulties encountered in the realisation of human and peoples’ rights.

6. Welcomes the release of all political prisoners.

7. Commends the Government of Cameroon for its efforts in the fight against poverty, corruption and HIV/AIDS.

8. Appreciates the efforts of the Government with regard to the realisation of economic and social rights, which has made it possible for equal opportunities in terms of basic education, taking care of non schooling youth , access to medical care and protection of marginalised groups.

9. Commends the Initial Report of Cameroon that addresses, objectively and in a balanced manner, the many issues related to economic, social and cultural rights contained in the African Charter. It is thus an important instrument for assessing the awareness of developmental problems affecting the harmonious evolution of human rights in the country.

III- Factors Restricting the Enjoyment of Rights Guaranteed by the African Charter

10. In spite of the efforts of the Government to comply with the provisions of the African Charter, the scarcity of resources continue to impair its capacity to ensure that all its citizens enjoy the rights guaranteed by the African Charter.

11. The deep-rooted prejudices and stereotypes that the society has on some aspects of human rights, in particular with regard to minority groups and women, is another impediment to the effective and extensive implementation of the African Charter in Cameroon.

IV- Areas of Concern

While recognising the efforts of Cameroon to promote and protect human rights and to create awareness on the principles and provisions of the African Charter, the African Commission remains concerned that:

12. The Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights (the Protocol Establishing the African Court) has not been ratified;

13. Women continue to be victims of discrimination due to socio-economic and cultural factors;

14. The Senate is still non-operational six years after the entry into force of its Constitution;

15. The extended duration of the mandate of the members of the National Commission on Human Rights and Freedoms may compromise the independence of the institution;

16. The conditions of detention remain deplorable and do not comply with international standards.

​V- Recommendations

The African Commission recommends that the Government of Cameroon:

17. Should strengthen its policies of access to free, compulsory and universal basic education so as to eliminate gender discrimination;

18. Should review its prison conditions with a view to bringing them in line with the principles of the African Charter and international standards;

19. Should continue working in close collaboration with Non Governmental Organisations (NGOs), so that the rights enshrined in the African Charter can be fully realised;

20. To further promote the culture for the respect of human rights so as to reduce the existing tension between English-speaking and French-speaking citizens and promote peaceful co-existence among the different ethnic groups in the country;

21. To ratify as soon as possible the Protocol Establishing the African Court;

22. To effectively implement the instruments and different programmes mentioned in the report as well as the provisions of the African Charter so as to guarantee a better promotion and protection of human rights;

23. Inform the African Commission, in its next Periodic Report, of the steps it has taken to address the areas of concern, as well as how it has implemented the recommendations in this Concluding Observations.

Adopted at 31st Ordinary Session of the African Commission on Human and Peoples’ Rights held from 2 to 16 May 2002 Pretoria, South Africa

Thirty-Third Ordinary Session
15 – 29 May 2003, Niamey, Niger

Consideration of Reports Submitted by States Parties under Article 62 of the
African Charter on Human and Peoples’ Rights

Concluding Observations and Recommendations on the Initial Report of the Arab
Democratic Sahrawi Republic

Thirty-Fourth Ordinary Session
6 - 20 November 2003, in Banjul, The Gambia

 

Consideration of Reports Submitted by States Parties under the Terms of
Article 62 of the African Charter on Human and Peoples’ Rights

Concluding Observations and Recommendations on the Initial Report of the
Democratic Republic of Congo (DRC)


I - Introduction

1- The Democratic Republic of Congo (DRC) is a State Party to the African Charter on Human and Peoples’ Rights (the African Charter or the Charter) having ratified it on 20 July 1987.

2- The present Concluding Observations on the Initial Report of the Democratic Republic of Congo (DRC) arise from the content, the presentation, and the dialogue that ensured from the exchange between the African Commission on Human and Peoples’ Rights (the African Commission or the Commission) and the Representative of the, DRC at the African Commission’s 34th Ordinary Session held in Banjul, The Gambia from 6 to 20 November, 2003.

3- The Report consolidates DRC’s Initial Report due since 20 on July 1989 and the 1st, 2nd, 3rd, 4th, 5th and 6th reports due on 20 July 1991, 20 July 1993, 20 July 1995, 20 July 1997, 20 July 1999, 20 July 2001 and 20 July 2003 respectively. 

4- The Report was presented to the African Commission by the Minister of Human Rights, the Honourable Kalala Marie Madeleine.

II: Positive Aspects

The African Commission:

5- Commends the frank, candid and constructive manner with which the DRC Minister of Human Rights, the Honourable Kalala Marie Madeleine participated in the dialogue with the African Commission. The presentation deserves a special mention.

6- Notes with appreciation the submission by the DRC of its Initial Report, more particularly, at the time it was going through enormous problems including armed conflict in the Northern and Eastern regions of the country.

7- Appreciates the willingness of the DRC Government to cooperate with the AU, the United Nations and the international community in efforts to find solutions to its current social, economic and political problems which provides hope for a lasting solution to the current crisis. 

8- Commends the DRC for the success of the peace process to-date, which has culminated in the establishment of a transitional Government. It is a welcome development which puts the DRC on the road to lasting peace, thereby creating an environment under which the rights under the African Charter may be protected for the entire territory of the DRC.

9- Notes with satisfaction that the DRC has already made serious efforts to put in place legislation for the protection of human rights in line with its obligations under Article 1 of the African Charter.

10- Welcomes the efforts of the United Nations through MONUC in ensuring peace, particularly in the Eastern Districts of the country, and to provide an environment upon which a peaceful transition to the democratisation of the entire DRC is highly commendable.

III - Factors Restricting the Enjoyment of the Rights Enshrined in the African Charter

11. The Report acknowledges that despite the new Transitional Government’s desire to protect all its citizens so as to enable them to enjoy rights under the Charter, the fact that it is yet to establish control over the entire territory of the DRC inhibits those citizens in areas still under conflict from accessing Government protection and hence the enjoyment of the rights under the Charter.

12- The Report also recognises that the current Government inherited a system where the economy had collapsed with no meaningful economic infrastructure such as roads and bridges and this has the effect of crippling the new Government’s ability to mobilise the enormous natural resources the country is endowed with for the benefit of its people.

13- The Report reveals that the long conflict the country has been embroiled in and the consequential deep ethnic hatred that has resulted there from thereby perpetuating continued conflict in the Eastern districts, inhibits economic development and the creation of an environment for the enjoyment of human rights by people in those areas.

14- The Report further states that the massive displacement of people in all areas of conflict over the years seriously affects access by the people affected to enjoyment of rights under the Charter.

IV - Areas of Concerns

While recognising the efforts of DRC to promote and protect human rights and to promote awareness of the principles and provisions of the African Charter, the African Commission remains concerned that:

15- The Report does not strictly comply with the Commission’s guidelines for reporting set out in the Commission’s guidelines for reporting primarily due to the fact that the Government did not have control of the whole territory of the DRC at the time, the tremendous efforts being made to provide a legal framework within which the rights under the charter may be protected are highly commendable;

16- The continued conflict in the Eastern Districts particularly in Bunia has resulted in numerous deaths, destruction of property and displacement of many people;

17- The United Nations Peace-Keeping Force (MONUC) has been unable to stop the carnage in the Eastern Districts such as Bunia where massacres which amount to violations of international humanitarian law, are reported to have taken or be taking place;

18- There are still reports of continued serious violations of the human rights of the pygmy/Batwa populations of the DRC particularly in the Eastern Districts, which include deprivation of the right to life, forced removals from their lands, total deprivation of basic means of livelihood and many other injustices;

19- There is an absence of any mention or treatment of the Pygmy/Batwa population in the DRC Report despite numerous reports of injustices they are reported to be suffering;

20- There is an apparent absence of the protection of the independence of the judiciary in the light of the powers given to the Minister of Justice to dismiss judges; and

21- The continued existence of child soldiers in the DRC is still rampant.

V - Recommendations

The African Commission recommends that the Government of DRC should:

22- Expedite the consolidation of the Peace Process so as to demobilise the numerous armed groups and integrate the various armies of the components of the Transitional Government into a single army so as to assume control and responsibility over the entire territory of the DRC;

23- Take urgent measures in conjunction with MONUC to stop the fighting in the Eastern Districts so as to ensure the security of people in those areas;

24- Take steps towards ensuring the protection of the rights of the Pygmy/Batwa people in the whole territory of the DRC and move particularly to stop the serious violations of the rights of these people in the Eastern Districts. In this regard, the Government is urged to put in place as quickly as possible legislation recognising the rights of the Pygmy/Batwa people;

25- Take urgent and concrete measures to complete the promulgation of the new constitution for the Republic as well as other laws for the implementation of the rights under the Charter so as to enable all its people to enjoy the rights under the Charter;

26- Pay particular attention, in drafting the new constitution, to those provisions relating to the protection of the independence of the judiciary as the judiciary is not only a fountain of justice but also the key to adequate protection of human rights; 

27- Take all appropriate measures to protect the rights of the child by ensuring disbanding and prohibition of child soldiers. Such measures should include programmes for the rehabilitation of the former child soldiers;

28- Expedite the submission of its 9th periodical report due on 20 July 2005 so as to update the Commission on the success of the peace process and new laws and programmes undertaken to ensure adequate protection of the rights under the Charter; and

29- Inform the African Commission, in its next Periodic Report, of the steps it has taken to address the areas of concern, as well as how it has implemented the recommendations in this Concluding Observations.

Adopted at the thirty-Fourth Ordinary Session of the African Commission on human
and Peoples’ Rights held from 6 to 20 November 2003, in Banjul, The Gambia

Forty Second Ordinary Session
14 - 28 November 2007 Brazzaville, Republic of Congo

Consideration of Reports submitted by State Parties under the Terms of
Article 62 of the African Charter on Human and Peoples’ Rights

Concluding Observations and Recommendations on the Consolidated Periodic
Report (1995-2006) of the Republic of Tunisia



I - Introduction

1. The Republic of Tunisia (Tunisia) is a State Party to the African Charter on Human and Peoples’ Rights (the African Charter) having ratified it on 6 August 1982, under the terms of its Law n° 82-64. 

2. The report submitted and examined at the 42nd Ordinary Session of the African Commission on Human and Peoples’ Rights (the African Commission) held from the 14 to 28 November 2007, in Brazzaville, Congo was a follow-up to the initial and periodic reports presented by the Tunisian delegation, led by Mr. Ridha Khemakehem, General Coordinator of Human Rights at the Ministry of Justice and Human Rights in Tunisia.

3. The African Commission notes with satisfaction the submission of this Periodic Report by Tunisia, as well as the atmosphere in which the Report was presented and the constructive dialogue it had with the delegation. 

4. These Concluding Observations, which are the outcome of the presentation and consideration of the above-mentioned report, highlights the positive aspects noted in the report, as well as the areas of concern, which from the African Commission’s point of view, require corrective measures.

5. These concluding observations also contain recommendations to the areas of concern where measures need to be taken with the view to strengthen the enjoyment of human rights in Tunisia in general, and guarantee the rights prescribed by the African Charter in particular.

II- Positive Aspects

The African Commission:

6. Notes with satisfaction the fact that the Constitution of Tunisia, as amended by Constitutional Law n° 2002-51 of 1 June 2002, introducing substantial reforms in the fundamental law of the State, approves the notion of inseparability, indivisibility and complementarity of all human rights.

7. Finds it encouraging that the Report alludes to the principal legislative measures taken by Tunisia during the period under review, from 1995 to 2006 (1), in order to strengthen the implementation of the African Charter. 

8. Takes note of the fact that Tunisia has ratified specifically:

The International Covenant on Economic, Social and Cultural Rights, The International Covenant on the Elimination of All Forms of Racial Discrimination, The Convention on the Prevention and Punishment of the Crime of Genocide, The Convention on the Non-Applicability of Statutory Limitation to War Crimes and Crimes against Humanity, The Convention on the Elimination of All Forms of Discrimination against Women, The Convention on the Rights of the Child, and The Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

9. Lauds the efforts made by Tunisia in going beyond the promulgation of laws to consolidate human rights and for having engaged in sensitization activities to change the mentality and behaviour of its population in order to promote the emergence of a conducive environment for the development of human rights; an option which found expression in both the introduction of education on human rights and the teaching of the culture of human rights in primary and secondary schools including higher educational and specialized institutions. These include institutions that provide training for State officials among which are the Advanced Institute for Judicial Studies, the School of Administration, the National Security Agencies Training School and the Advanced Training Institute for Prison Administrators. Likewise, the training on the popularization of human rights appears to be developing into an essential component of the
educational system in Tunisia. 

10. Is encouraged, as far as the implementation of the right to development is concerned, by the efforts made by Tunisia which made it possible for the State to be classified among States recognized by the United Nations Development Programme (UNDP) in its Human Development Reports as being among the group of countries which guarantee harmonious human development for its citizens, taking into consideration both quantitative and qualitative criteria, namely: education, employment, social security, health care, shelter and food on the one hand, and freedom and democracy in all forms, on the other. 

11. Commends the existence of political pluralism through the recognition of nine political parties, a situation that reflects the political will to consolidate the pluralist democratic process and the effectiveness of the legal mechanisms that have been put in place. 

III- Areas of Concern

While recognising the efforts of Tunisia to promote and protect human rights and to create awareness on the principles and provisions of the African Charter, the African Commission remains concerned that: 12. Some Non-Governmental Organizations (NGOs) do not appear to be enjoying the various legislative measures put in place by Tunisia within the context of the implementation of the provisions laid down in the African Charter.

13. Tunisian women also do not seem to benefit from the measures that could facilitate their access to higher decision-making positions. 

14. There are no practical measures corresponding to the legislative measures needed to give effect to the provisions of the African Charter.

15. The Report makes no mention of the process that led to its preparation. 

16. The Report makes reference to several legislative measures but is silent on practical steps taken to implement these measures.

17. The Report does not make any reference to concrete measures needed to enjoy the right to defence.

18. The Robben Island Guidelines, the death penalty, legislatives measures relating to torture and arbitrary detentions were not discussed in the Report.

19. The issue of rights of the older persons is not addressed in the Report. 

20. No mention is made in the Report as to the measures taken by the Government to ensure access to free medical care.

21. The number of people benefiting from adult education in Tunisia is not specified in the Report, including the absence of any statistical data on the policy on this issue.

22. The report does not give any information on human rights defenders. 

23. The non-availability of information on the independence of the Judiciary. 

24. No reference is made to the prevalence of HIV/AIDS and the appropriate steps taken to fight against the pandemic.

25. The report does not make any reference to the provisions outlined to ensure the ratification of the following instruments:
 

The African Charter on the Rights and Welfare of the Child; The African Convention on the Conservation of Nature and Natural Resources; The Convention for the Establishment of the African Centre for Fertilizers Development; The African Union Convention on Preventing and Combating Corruption; The Inter-African Convention Establishing an African Technical Cooperation Programme; The Agreement for the Establishment of the African Rehabilitation Institute (ARI). The African Charter on Democracy, Elections and Governance.



(1) Since the presentation of the Second and Third Periodic Reports of Tunisia during the 18th Ordinary Session of the African Commission.

IV - Recommendations

The African Commission urges the Government of Tunisia to:

26. Create an inter-ministerial team that includes all stakeholders, especially members of civil society for the purpose of preparing and writing periodic Reports;

27. Take practical measures to implement the legislative measures mentioned in the Report;

28. Take all relevant measures to ensure compliance with the right to defence;

29. Incorporate the Robben Island Guidelines into national legislation and take measures to fight against torture, inhuman and degrading punishments as well as arbitrary detentions;

30. Institute appropriate legislative measures with the view to ensuring effective abolition of the death penalty;

31. Put in place concrete measures to ensure that women gain access to and are represented at the high-ranking positions of the Tunisian Government;

32. Incorporate into Tunisian national legislation the rights of Older persons and people with disabilities;

33. Facilitate access to free medical care for as many people as possible; 

34. Pursue the adult education policy and provide disaggregated statistics; 

35. Provide information in the next Periodic Reports on the situation of human rights defenders in Tunisia, and more precisely on Non-Governmental Organizations which are active in Tunisia;

36. Take all the appropriate measures with the view to ensuring that the independence of the Judiciary is effective in Tunisia;

37. Take all relevant steps to determine the level of prevalence of HIV/AIDS and provide information on the results obtained at the national level;

38. Take appropriate measures for the ratification of human rights instruments that Tunisia has not yet ratified /acceded to.

39. Requests that Tunisia, in its next Periodic Report in 2009, inform the African Commission of the steps it has taken to address the areas of concern, as well as how it has implemented the recommendations in this Concluding Observations.

Done in Brazzaville, Republic of Congo on 28 November 2007.

Forty-Seventh Ordinary Session
12 – 26 May 2010, in Banjul, The Gambia 

Consideration of Reports submitted by States Parties under the Terms of Article 62 
of the African Charter on Human and Peoples’ Rights

Concluding Observations and Recommendations on the Second Periodic Report of the Republic of Cameroon


I - Introduction

1. The Republic of Cameroon (Cameroon) has been a State Party to the African Charter on Human and Peoples’ Rights (the African Charter) since 20 June 1989. Cameroon presented its second Periodic Report during the 47th Ordinary Session of the African Commission on Human and Peoples’ Rights (the African Commission). The present Report covers the period from 2003 to 2008.

2. The Delegation of Cameroon was led by His Excellency Mr. Sébastien Foumane, Secretary General at the Ministry of Foreign Affairs and comprised Mrs. Helen Galega FEH, Deputy Director of International Cooperation in the Ministry of Justice, Mrs. Hermine Kembou, Head of Studies Division, Assistant in the Human Rights Division in the Ministry of Justice, Mr. Owono Zang Gabriel, Head of Department in the African Affairs Division in the Ministry of Foreign Affairs.

3. The present Concluding Observations take into account not only the information contained in the above mentioned Report, but also the questionnaire prepared and sent to the State Party. They also take into account the discussions and the dialogue the members of the African Commission had with the Delegation during the examination of the Report.

II - Positive Aspects

The African Commission:

4. Lauds the efforts deployed by the State Party in the preparation and presentation of its Report. It congratulates Cameroon for the regularity in the submission of its Reports.

5. Expresses satisfaction with the constructive dialogue that it had with the Delegation particularly the manner of presentation of this second Periodic Report.

6. Notes with satisfaction that Cameroon signed the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (the Protocol on the Rights of Women in Africa) on 20 May 2009, and urges it to pursue the deposit of the instruments of ratification of the said Protocol.

7. Appreciates Cameroon’s initiative in having organized a Seminar on the Rights of Indigenous Populations, held from 13 to 16 September 2006 in Yaoundé, and considers this Seminar a positive step forward in the struggle for protection of the rights of indigenous populations.

8. Welcomes, with satisfaction, the involvement of the State Party in the combat against corruption and impunity.

9. Congratulates the putting in place of a hot line for the benefit of women in difficulty and victims of violence.

10. Notes further with satisfaction the introduction of human rights in the school curricula in Cameroon, notably the issues of gender and violence against women.

11. Is pleased with the fact that there are laws which guarantee the right to a fair trial, in particular the right to demand and obtain the immediate release of detainees, victims of abusive preventative detention, and the dropping of the case where proceedings are not instituted within the timeframe provided for by the law.

12. Congratulates the State Party for the putting in place of professional training programmes specialized in computer science for persons with disabilities. (1)

III - Factors Restricting the Enjoyment of the Rights Guaranteed in the African Charter

13. The African Commission has identified several factors that hinder the enjoyment of human rights in Cameroon:

i.The persistence of traditional practices and customs could constitute an obstacle for the realization of human rights.
ii.The economic recession and the food crisis, which has struck all the African countries.

IV - Areas of Concern

While recognising the efforts of Cameroon to promote and protect human rights and to create awareness on the principles and provisions of the African Charter, the African Commission remains concerned that:

14. The Report does not take into account the Concluding Observations adopted at the 39th Ordinary Session by the African Commission following the presentation by Cameroon of its last Periodic Report.

15. There is no reference in the Report to the conditions under which the Report was prepared and as to the involvement of civil society in the drafting process.

16. Articles 27, 28, 29 of the African Charter were not covered in the Report.

17. The terminology used to designate the indigenous populations in Cameroon responds neither to the principle nor to the regulations of general international law, or regional law on the rights of indigenous populations.

18. The Report does not indicate any legislative or regulatory measures taken to protect the rights of indigenous populations and in particular to guarantee their economic, social and cultural rights. (2)

19. The Report does not provide sufficient information in relation to the measures put in place by the State Party to guarantee free and transparent elections.

20. Defamation is criminalized under Cameroon’s Criminal Law despite the Declaration of Principles on the Freedom of Expression in Africa, which urges State Parties to reform the laws that provide for criminal sanctions for defamation.

21. It had identified cases of violations of rights of journalists.

22. The Report does not make mention of measures taken to enhance and ensure women’s rights, in particular issues such as maternal and reproductive health of women, the conditions of detention for women and the measures taken to improve this situation; the political representation of women in decision making organs; the situation of women in the informal sector; the prevalence of harmful practices such as Female Genital Mutilation (FGM) and forced marriages. (3)

23. The Report does not mention the measures taken concerning the fight against poverty, notably in the areas linked to women’s access to housing, to employment, to loans, to free medical care, to education and to revenue generating activities.

24. Several legislative measures related to women’s rights are under preparation, but few mechanisms actually protect these rights.

25. Cameroon still maintains the death penalty in its national laws and does not envisage abolishing it, despite the Resolutions adopted by the African Commission on moratorium and on the abolition of the death penalty.

26. The Report does not contain any information on the measures taken by the State Party for the implementation of the Robben Island Guidelines.

27. The Report does not provide sufficient statistics on the condition of prisons and places of detention.

28. The situation of older persons is not included in the Report.

29. The Report gives no information on the rights of persons with disabilities, especially the statistics on motivating measures for their access to the job market/employment, and those related to their protection and enjoyment of medical and social care.

30. It has received a considerable number of reports about cases of violations of the rights of human rights defenders in Cameroon.

31. The Report is silent on the measures taken by Cameroon regarding the ratification of the Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights (Protocol on the Establishment of the African Court) and the Declaration under Article 34(6) of the this Protocol.

32. Cameroon has not ratified the African Charter on Democracy, Elections and Governance.


(1) See para 340, at p 118 of the Report
(2) See para 342, at p 121 of the Report
(3) See starting from para 317 of the Report

IV - Recommendations

The African Commission recommends that the Government of Cameroon should:
 

Harmonize the national legislation with the regional and international standards on the rights of indigenous populations/communities. Collaborate and invite the Working Group on Indigenous Populations to undertake a promotional visit to Cameroon to pursue the dialogue on the theme and to find lasting solutions for the effective implementation of the rights of these populations. Adopt as early as possible appropriate legislation for the protection of the rights of indigenous populations. Abandon the use of the term « marginal populations » to refer to indigenous populations, as recommended by the United Nations Committee for the Elimination of Racial Discrimination in its final observations CERD/C/CMR/CO/15-18. Harmonize the land laws and adopt special measures allowing the indigenous populations to fully enjoy all their rights, in particular their right to land, and to work towards the consideration of their cultural peculiarities including nomadism so as to prevent this factor from restricting the enjoyment of their rights. Take all the necessary measures to guarantee to all political parties free and fair electoral campaigns in the run-up to the upcoming elections. Harmonize the national legislation with the Declaration of Principles on Freedom of Expression in Africa, notably by decriminalizing libel and adopting a law on access to information. Take all the necessary measures to make effective the right to freedom of expression and to guarantee for journalists all the security required in the exercise of their professional activities. Reinforce the programmes and policies adopted in the area of reproductive health in order to raise the level of access by women and adolescents to family planning and to accessible and good quality health services and to reduce maternal and infant mortality rates. Accelerate the reform of the Criminal Code which provides for the inclusion of punitive clauses related to violence against women and to put in place appropriate measures and programmes for the eradication of all forms of violence against women including the training of Judges, Lawyers and Judicial Police Officers. Take the necessary measures to give full effect to the African Union’s Solemn Declaration on Gender Equality, starting notably with the submission of annual Reports to the African Union on the situation of the rights of women in Cameroon. Put in place a policy of gender representation in the decision making positions, in particular the adoption of 50% quota for women. Take special measures to guarantee the protection and implementation of indigenous women’s rights due to their extreme vulnerability and the discrimination to which they are subjected to. Take the required and urgent measures for the abolition of the death penalty in Cameroon by taking into account the international standards and the Resolutions of the African Commission on the abolition of the death penalty. Guarantee to workers the full and total exercise of all their social and economic rights in order to avoid the infernal cycle of strike action which is liable to paralyse the country’s economy. Collaborate with the African Commission for the implementation of the Robben Island Guidelines which carry provisions relating to Torture and cruel, inhuman and degrading punishment, notably by inviting the Commission to carry out a sensitization mission to Cameroon on this tool for the protection of human and peoples’ rights. Provide disaggregated statistics on the condition of prisons and places of detention. Give detailed information on the living conditions of older persons as well as on the measures put in place to guarantee their rights. Provide detailed information on the living conditions of the persons with disabilities and on the measures put in place to guarantee their rights. Guarantee security in the exercise of their activities for the human rights defenders in conformity with the United Nations Declaration on Human Rights Defenders and the principles prescribed by the African Charter. Provide reliable statistics and strengthen the policies and plans that promote the enjoyment of economic, social and cultural rights, in particular the right to food, access to clean drinking water, to housing and to electricity. Take the necessary measures to: Ratify the African Charter on Democracy, Elections and Governance; Ratify the Protocol to the African Charter Establishing the African Court, and to make the Declaration under Article 34(6) of the same Protocol; Deposit the instruments of ratification of the Protocol to the African Charter on the Rights of Women in Africa in the earliest time possible. Collaborate with the National Human Rights Commission, the members of civil society and all the actors involved in the promotion of human rights in Cameroon in the preparation of Periodic Reports from the beginning to the end. Take all the necessary steps for the presentation of the next Periodic Report in 2012. Take legislative and other measures for the effective implementation of all the rights guaranteed in the African Charter, including Articles 27,28 and 29. Provide disaggregated statistics that depict the state of implementation of the rights prescribed by the African Charter and the evaluation of the progress made and the challenges faced. Inform the African Commission of the steps it has taken to address the areas of concern, as well as how it has implemented the recommendations in this Concluding Observations.


Adopted at the 47th Ordinary Session of the African Commission on Human and Peoples’ Rights held from 12 to 26 May 2010, Banjul, The Gambia.

Forty-Seventh Ordinary Session
12 – 26 May 2010, Banjul, The Gambia

Consideration of Reports Submitted by States Parties under Article 62 
of the African Charter on Human and Peoples’ Rights

Concluding Observations and Recommendations on the Initial, 1st, 2nd, 3rd and 4th 
Periodic Report of the Federal Democratic Republic of Ethiopia


I – Introduction

1. The Federal Democratic Republic of Ethiopia (FDRE) is a State Party to the African Charter on Human and Peoples’ Rights (the African Charter) having ratified the same on 15 June 1998.

2. The present Report which combines the Initial, 1st, 2nd, 3rd and 4th Periodic Reports, covers the period from 1998 to 2007, and was submitted to the Secretariat of the African Commission on Human and Peoples’ Rights (the Secretariat) on 15 November 2008.

3. The African Commission on Human and Peoples’ Rights (the African Commission) examined the Report during its 46th Ordinary Session held from 11 to 25 November 2009 in Banjul, The Gambia.

4. His Excellency, Mr. Hassen Abdulkadir, Ambassador of the FDRE to the Republic of Senegal, and Head of Delegation of the FDRE to the 46th Ordinary Session of the African Commission introduced the Report and it was presented by H.E. Ambassador Fisseha Yimer, Special Advisor to the Minister, Ministry of Foreign Affairs.

5. Other members of the delegation included:
 

Mr Girma Kassye, Director of International Law and Consular Affairs Directorate General of the Ministry of Foreign Affairs; and Ms Meklit Timothewos, Legal Expert, International Law and Consular Affairs Directorate General of the Ministry of Foreign Affairs.


6. The Report highlights human rights developments that have taken place in the country and the implementation of the country’s obligations under the African Charter since the ratification of the later in 1998.

7. The present Concluding Observations highlights the positive aspects identified in the Report and also outlines areas of concerns based on the content of the Report and information given during the presentation of the Report and from additional answers forwarded. Recommendations are made based on the report, the dialogue that ensued from examination and additional answers provided.

II – Positive Aspects

The African Commission:

8. Welcomes the presentation of the Combined Initial Periodic Reports of the FDRE in accordance with Article 62 of the African Charter and further welcomes the fact that, the format and presentation of the Report are in conformity with the African Commission’s Guidelines on State Reporting.

9. Appreciates and welcomes answers to those questions posed during examination and additional information provided that were not immediately available during the presentation of the Report. The African Commission also appreciates the effort put in the preparation of the additional answers taking cognisance of the difficulty, bureaucracy and challenges involved in collecting and compiling such answers.

10. Welcomes the National Conferences convened by the FDRE for input by relevant sectors on the compilation and preparation of the Report, which included seventeen (17) relevant stakeholders, including government agencies, human rights Non- Governmental Organisations (NGOs), legislators, academic institutions and the public at large.

11. Welcomes the adoption of the 1994 Constitution, which includes provisions on fundamental human rights and freedoms, enshrining principles of equality and non discrimination on grounds of race, nationality, social origin, colour, sex, language, religion, political or other opinion, birth or other status.

12. Welcomes the introduction of civic education with human rights component for all schools as well as human rights training for the police and other law enforcement officials and for providing human rights courses in the curriculum of the law schools of the FDRE.

13. Notes the efforts made by the FDRE towards the development of a democratic system in furtherance of which it held its third Parliamentary Elections in 2005.

14. Welcomes the effort made by the FDRE to bring together Opposition and the Ruling Parties for discussions on the forth-coming general elections and the formation of an election code of conduct to avoid the incidence that resulted following the 2005 general elections. The African Commission further appreciates the adoption of an election code of conduct that will guide future elections of the State Party.

15. Further welcomes the establishment of a Justice and Legal Research Institute responsible for reviewing existing national legislation in line with standards set by the African Charter and other international human rights instruments.

16. Also welcomes the establishment of independent Human Rights Commission and Office of Ombudsman.

17. Notes that the FDRE has observed a moratorium on Death Penalty considering that for the last 15 years there were only two executions.

18. Welcomes the ratification of the African Charter on the Rights and Welfare of the Child and steps taken to ensure its implementation by for instance setting a minimum age for marriage of 18 years for both male and female, and for imposing an obligation on the Government of the FDRE to uphold the right of every child to basic education.

19. Further welcomes the enactment of the proclamation prohibiting the imposition of death penalty against a child.

20. Notes the setting up of Juvenile Justice Project Office (JIPO) by the FDRE in 1999 and further welcomes the activities undertaken by JIPO since its establishment including reviewing of existing laws pertaining to child rights and assessing the structural framework of the Judiciary and the police with regard to the protection of children.

21. Notes the ratification and domestication of all core labour standards of the International Labour Organisation (ILO) and the establishment of Labour Offices in various regions of the FDRE for effective implementation of these standards. The African Commission further notes the development of the National Work Place Policy on HIV/AIDS, which protects the right and dignity of workers, infected by HIV/AIDS and the provision of free anti-retroviral programme that started in 2005.

22. Welcomes Proclamation 515/1999 that established the Federal Civil Service Agency, through which an aggrieved employee can file his or her case to the Grievance Hearing Committee, which is also established in each civil service institution, to hear complaints from aggrieved civil servants.

23. Notes with appreciation the revised criminal code enacted in 2005, which criminalises torture, cruel, inhuman and degrading treatment or punishment by public servants of persons under their custody.

24. Further welcomes the setting up of Justice Bureau of the State or Regional Governments that have been providing considerable assistance to victims of torture by representing the complainants and bringing the perpetrators to justice.

25. Welcomes the regulation that separates male from female prisoners and for making provisions for infants, below 18 months, who need close maternal care, to stay with their mothers serving a prison term and for providing additional food to such mothers and their infant children.

26. Appreciates the FDRE’s effort to criminalise child labour.

27. Welcomes the effort of the FDRE for protecting the security of tenure of Judges in its Constitution by making their appointment the responsibility of the three branches of Government with the Judicial Administrative Council providing the list of nominees that is sent to the Prime Minister before being sent to parliament for final appointment.

28. Welcomes the ICT tools used in the Courts of FDRE to facilitate access to justice in the form of e-filing, video links, interactive voice response, thereby making access to justice easier and affordable to those litigants who cannot come to administrative centres for economic or other reasons.

29. Further welcomes the Interactive Voice Response System (IVR) in the Courts of FDRE which provides information through an automated system thereby enabling litigants to get access to basic information regarding their cases seven days a week and 24 hours a day.

30. Takes note of Article 29 of the Constitution of FDRE and Article 42(1) of Proclamation No. 590/2008 that provide the right to freedom of expression for every individual and also guarantees that no periodical or book shall be impounded unless they endanger the national security of the Country.

31. Welcomes the women’s development project, which provides credit and technical assistance to women.

32. Welcomes the ratification of the Protocol on the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights (the Protocol Establishing the African Court).

33. Welcomes the efforts made by the FDRE to demystify harmful traditional practices by organising advocacy workshops conducted at regional and national levels for policy makers and other influential target groups, such as religious and community leaders, youth and women groups.

34. Welcomes the new Family Code of the FDRE that guarantees equality of spouses during the conclusion, duration and dissolution of marriage and for setting a minimum age of 18 years for marriage for both male and female.

35. Welcomes the ratification of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW).

36. Welcomes the enactment of the National Refugee Legislation in July 2004, which is based on the principles of the 1951 UN Convention Relating to the Status of Refugees and its Protocol of 1967 as well as the 1969 OAU Convention Governing the Specific Aspects of Refugee Problems in Africa.

37. Welcomes FDRE’s social welfare policy that takes into consideration the welfare of older persons and the Government sponsored homes that provide institutional care for destitute older persons with significant number of others being run by various NGOs and philanthropic individuals.

38. Notes the measures put in place by the FDRE to reduce poverty and food shortage by way of introducing measures to reduce variations in crop production and food availability through more irrigation and water control, diversification of crops and better integration of markets, transport, and information links.

III - Factors Restricting the Enjoyment of Rights Guaranteed in the African Charter

59. The African Commission acknowledges that the State Party has had to face, during the past few years, economic, social and political challenges, due, inter alia, to years of civil war and the transition to democracy.

60. The African Commission notes the existence of interregional and urban/rural disparities, in particular with regard to the availability of resources and infrastructure, which may lead to discrimination in the enjoyment of the rights provided for in the African Charter.

61. The African Commission furthermore notes that certain traditional practices and customs, prevailing particularly in rural areas, hamper the effective implementation of the provisions of the African Charter, especially with regard to the girl child.

62. The African Commission notes the continuing incidence of natural disasters, including drought and floods, and further notes the negative impact upon respect for children's rights of the period of armed conflict with Eritrea.

IV – Areas of Concern

While recognising the efforts of the FDRE to promote and protect human rights and to create awareness on the principles and provisions of the African Charter, the African Commission remains concerned:

37. That the public at large is not sufficiently aware of the African Charter and the work of the African Commission.

38. That not enough has been done to harness through affirmative action, the potential of Ethiopian women willing and available to contribute to the social, economic and political development of the Country.

39. About the substantial disparity of employment ratio between male and female employees, which stands at 84.7% for male employees as against 69% for female employees.

40. About the lack of concrete legislation at the national level on gender based violence, Female Genital Mutilation (FGM), and discrimination against women.

41. At the high incidence of infant and maternal mortality in the country.

42. That out of the 18 broadcasters (Television and Radio) only 5 are privately owned and this may not create an enabling environment for the enjoyment of freedom of expression and access to information.

43. About the silence of FDRE on reasons why judges Wolde-Micheal-Meshesha and Firehiwot Samuel fled and sought political asylum in Europe before the completion of their assignment.

44. That there are still incidences when children from rural areas have been imported to towns and compelled to work in an exploitative and unsafe conditions with or without the prior permission of their parents as evident in the additional answers forwarded by FDRE to the African Commission.

45. That the Charities and Societies Proclamation No. 621/2009 has the potential to violate the rights of freedom of expression as specified by the African Charter, especially the provision that requires NGOs not to raise more than ten percent of their funding out side of Ethiopia.

46. That the composition, appointment and termination of office of the Commissioners of the national electoral body and the Independent National Electoral Commission, do not sufficiently guarantee its independence.

47. About Proclamation No. 590/2008 in relation to freedom of mass media and access to information that compels journalist to disclose their sources of information.

48. That on many occasions suspects are held in detention for a long time before being brought to court for trial.

49. That the FDRE is yet to make the declaration under Article 34(6) of the Protocol Establishing the African Court, that allows individuals and NGOs with observer status before the African Commission, to institute cases before the Court.

50. About the two leading causes of death, Malaria and Tuberculosis, and the failure of the FDRE to inform the African Commission about measures it has put in place to prevent or reduce deaths resulting from these diseases.

51. That Proclamation No. 568/2008 on the employment of persons with disabilities has not yet been implemented thereby leaving these segments of the population unprotected.

52. About child trafficking and sexual exploitation of children, which FDRE acknowledges, is still prevalent and widespread.

53. That law enforcement officials have not been sensitised about the Robben Island Guidelines.

54. That FDRE has not ratified the Optional Protocol on the Convention Against Torture (OPCAT).

55. That neither the report nor the additional answers forwarded provide adequate information about prison conditions in the FDRE.

56. About the silence of the Report on whether there are political prisoners in FDRE.

57. About the silence of the Report and the lack of adequate response from the Delegation on the CSO law, Electoral laws, and Proclamation 652/09 on terrorism and whether the Government will reopen dialogue with the civil society with a view to amend or review problematic laws in the country.

58. About the failure of FDRE to take steps to bring to justice those responsible for the death of protesters in the 2005 post-election violence.

V - Recommendations

The African Commission recommends that the FDRE should:

59. Make greater effort to ensure that the provisions of the African Charter as well as the work of the African Commission are well publicised in the whole country. In this regard, it encourages the State Party to take steps to translate and make available the African Charter in as many local languages as possible.

60. Take steps to create an effective affirmative action to guarantee female participation in all spheres of government, and also enact at the Federal level, legislation prohibiting FGM, violence and discriminatory practices against women.

61. Take the necessary steps to establish mechanisms for generating accurate statistical data on gender related issues, such as the level of female participation in all spheres and tiers of government and on the prevalence of FGM in each State of the Federation.

62. Introduce appropriate policies to address the high incidence of infant and maternal mortality, especially in the Northern part of the Country.

63. Ensure that its electoral laws conform to the relevant principles in the Declaration of Principles of Freedom of Expression in its entirety and also that it ratifies the African Charter on Democracy, Elections and Good Governance.

64. Step up efforts to protect women migrant workers, prevent activities of illegal employment agencies and ensure that women are provided with adequate information on safe migration before departure, and conclude bilateral agreements with receiving countries.

65. Take steps to ease the difficulties of access to justice occasioned by the high cost of litigation and the complex court processes, through measures such as the provision of legal aid, establishment of mobile courts, introduction of para-legal officers in the judicial system and the use and availability of interpreters and local languages in Courts.

66. Increase the number of circuit courts in all districts to save litigants from walking for days before accessing a court.

67. Ratify the Protocol Establishing the African Court and make the declaration under Article 34 (6) of the same Protocol, which allows individuals and NGOs to have standing and bring cases before the Court.

68. Take steps to enact legislation protecting the rights of Persons Living with HIV/AIDS (PLWHA), which prohibits discrimination against them. The African Commission recommends that steps be taken to develop a programme preventing mother-to-child transmission of HIV/AIDS through which the necessary testing and provision of medicines to pregnant women is made available in all public health care facilities.

69. Take all measures to guarantee the protection of minor refugees in line with the provision of the African Charter and international refugee laws on treatment of unaccompanied and separated children outside their country of origin.

70. Strengthen the National Human Rights Commission and provide it with adequate human and financial resources in order to increase effectiveness in mainstreaming gender perspective in all policies and in promoting the human rights of women.

71. Take the necessary steps to address through legislative measures concerns regarding resources allocation for the prevention of practices such as harmful traditional practices, birth registration, child labour, refugee children and juvenile justice.

72. Review the Charities and Civil Societies Proclamation (CSO) that proscribe human rights organisations from getting more than ten percent of their funding from abroad.

73. Guarantee the security of tenure of the members and the independence of National Electoral Body and the National Electoral Commission.

74. Adopt mechanisms to bridge the disparity of employment ratio between male and female employees.

75. Put in place concrete legislative measures on gender-based violence at the national level to address the problem of FGM and discrimination against women.

76. Create enabling environment to journalists by increasing the number of private radio stations and periodicals for easy access to information.

77. Supply information on reasons that led to the fleeing of the two judges, Wolde-Micheal-Meshesha and Firehiwot Samuel before the completion of their assignment.

78. Review Proclamation 590/2008 to protect journalists from being forced to disclose the sources of their information.

79. Put in place mechanisms to bring suspects before a court of law in a timely manner.

80. Put in place measures, and legislations, that will protect persons living with HIV/AIDS from discrimination in the society as well as to address the problem of mother- to-child transmission of HIV/AIDS.

81. Put in place mechanisms to address the plight of persons with disabilities in the country.

82. Sensitize law enforcement officers about the Robben Island Guidelines.

83. Ratify the OPCAT.

84. Provide information on conditions of prisons and places of detention in Ethiopia, and ensure that prisoners are held in humane conditions.

85. Provide information regarding political prisoners, if any.

86. Bring to justice those responsible for the dearth of protesters during the 2005 post-election violence.

87. Increase the existing measures aimed at improving food shortage, such as irrigation, water control and diversification of crops in order to effectively avoid the heavy dependence on international food aid.

88. Take measures to eradicate or reduce the two leading causes of death, which are Malaria and Tuberculosis.

89. Inform the African Commission, in its next Periodic Report, of the steps it has taken to address the areas of concern, as well as how it has implemented the recommendations in this Concluding Observations.


Adopted at the 47th Ordinary Session of the African Commission on Human and Peoples’ Rights held from 12 to 26 May 2010, Banjul, The Gambia.

تنزانيا: التقرير الدوري الاول، 1984-1992

قدمت: آذار 09 , 1992

الملاحظات الختامية: Available