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اللجنة الأفريقية لحقوق الإنسان والشعوب

زيمبابوي: التقرير الدوري الاول،1986-1991

تغطية المدة:1986 - 1991

تاريخ التقديم: تشرين الأول 21 , 1992

نظرت الدورة:12th Ordinary Session


الملاحظات والتوصيات الختامية - زيمبابوي: التقرير الدوري الاول،1986-1991

اعتمد في الدورة العادية رقم 12 تشرين الأول 12 to تشرين الأول 21 , 1992 ,Gambie.

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

 

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 First Combined Periodic
Report of the Republic of Togo


I - Introduction

1- The Republic of Togo (Togo) is a State Party to the African Charter on Human and Peoples’ Rights (the African Charter) having ratified the same on 5 November 1982.

2- The present Concluding Observations follow the presentation and examination of the Initial Report of Togo at the 31st Ordinary Session of the African Commission on Human and Peoples’ Rights (the African Commission or the Commission) held from 2 to 16 May 2002, Pretoria, South Africa.

3- The report encompasses all outstanding reports of Togo to the Commission since the presentation of its Initial Report to the 13th Ordinary Session of the Commission held from
29 March to 7 April 1993 in Banjul, The Gambia.

4- The Report was presented to the Commission by a Delegation led by Mr d’Almeida Dosse, Principal Private Secretary of the Minister of Justice in charge of the Promotion of Democracy and the Rule of Law.

5- The Report highlights the developments that have taken place in the areas of human and peoples’ rights and measures put in place with a view to implement the country’s obligations under the African Charter.

6- The present Concluding Observations give an account of the positive aspects, and concerns identified in the Report. The comments, remarks and observations during the examination of the Report, enhanced the recommendations formulated after the dialogue.

II - Positive Aspects

The African Commission:

8- Congratulates the Government of Togo for the presentation of its first combined Periodic Report in conformity with Article 62 of the African Charter.

9- Commends the Republic of Togo for updating the report since its submission to the 30th Ordinary Session of the African Commission held in Banjul, The Gambia, in 2001.

10- Welcomes the combination of all outstanding reports by Togo since the presentation of its Initial Report to the 13th Ordinary Session of the Commission held in Banjul, The Gambia, from 29 March to 7 April 1993.

11- Commends the presentation of the Report to the Commission by Mr d’Almeida Dosse, Principal Private Secretary in the Ministry of Justice responsible for the Promotion of Democracy and the Rule of Law, assisted by two Senior Officials, including a woman.

12- Welcomes the efforts made by the Government of Togo, particularly in the fight against illiteracy, HIV/AIDS and poverty in general.

13- Congratulates the Government of Togo for its sensitisation efforts for the promotion of the African Charter.

14- Appreciates that besides the progress realised in the promotion and protection of human and people’s rights in the country, the report gives indicative figures on the development of indexes representing the enjoyment of economic, social and cultural rights among the Togolese society.

15- Commends also the Government of Togo for the arrangements made to strengthen awareness for the promotion of the African Charter.

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

16. The Report acknowledges that the level of poverty due to Togo’s limited resources hinders the enjoyment of the rights stipulated in the African Charter.

17. The Report also notes that the continuous tensions between the different political actors and the exacerbation of positions undermine seriously the enhancement of the rule of law.

IV - Areas of concern

While recognising the efforts of Togo 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:

18. The inadequate efforts by Togo in the ratification of international instruments relating to human rights has an impact on the promotion and protection of human rights in the country;

19- Socio-ethnic tensions are still prevalent and hinder the progress of the country;

20- The existing measures aimed at addressing the specific needs of vulnerable persons and social groups such as women and children, the elderly and the handicapped are not adequate and should be reviewed and strengthened;

21- Besides the need to strengthen women rights within the family and professional environment through the education and training of girls and through adult education, the Commission expresses its particular concern on Female Genital Mutilation (FGM) and child trafficking, especially trafficking of girls.

V - Recommendations

The African Commission recommends that the Government of the Republic of Togo should:

21. Maintain its sensitisation efforts with regard to human and peoples’ rights in the country;

22. Continue with the culture of respect of human rights and political tolerance with a view to easing the tension in the society;

23. Double its efforts in the promotion and protection of the rights of women, children and persons with disabilities;

24. Take adequate measures to fight poverty by protecting every vulnerable social stratum against impoverishment;

25. Extend its scope of protection of women against harmful traditional practices and double its efforts with a view to increasing the involvement of women in the activities of the public and private sectors, particularly by reducing the poor
representation of women in senior positions;

26. Take specific measures to cater for the needs of minority and vulnerable groups and promote and protect the rights of these groups.

27. Should take the necessary measures for the ratification of regional and international instruments concerning human rights, including the Protocol to the African Charter on Human and People’s Rights for the Establishment of an African Court on Human and People’s Rights.

28. 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 31st Ordinary Session of the African Commission on Human and Peoples’ Rights held from 2 to 16 May 2002, Pretoria, South Africa

VI- RECOMMENDATIONS

 

1.     The African Commission recommends to the Government of Kenya to:

2.     Domesticate the African Charter and related protocols it ratified as this exercise would enable the Country to take the necessary measures to implement the provisions and take concrete actions to give effect to the provisions of the African Charter;

 

3.     Take the necessary steps for the ratification and the domestication of:

Ø  The Protocol to the African Charter establishing an African Court on Human and Peoples’ Rights and make a Declaration under article 34 (6)

Ø   The OAU Convention on Combating Corruption in Africa

4.     Enact  a more stringent law to address domestic violence and sexual offences ;

5.     Domesticate the OAU Convention Governing Specific Aspects of Refugee Problems in Africa;

6.     Review the policy on the border issue with Somalia with respect to Somalian refugees; and more specifically, observe the principle of non refoulement.

7.     Initiate a consultative process aimed at involving all stakeholders in the drafting of the report in line with the African Commission’s guidelines for State reporting;

 

8.     Initiate a policy that includes the Robben Island Guidelines as well as the United Nations minimum standard rules concerning prisons;

9.     Reduce the marginalization of indigenous populations by strengthening central government services to eradicate poverty, overcome insecurity and foster development;

 

10.  Ensure that the rights of indigenous and socially disadvantaged persons are respected; and deliberately develop policies that will enhance the participation of these persons in their affairs and the governance of the country.

11.  On Discrimination against women, undertake deliberate, concrete steps and policies which will enhance the participation of women in government and in key positions.

12.  Take adequate measures, legislative and others to address the right to mental health of Kenya people,

13.  Collaborate with civil society, international and regional organizations, to sensitize people and address Kenya’s difficulties, in particular problems related to insecurity, corruption, unemployment and development.

14.  Consider abolishing the death penalty altogether;

15.  Follow the African Commission’s guidelines on state reporting, and collaborate with NGOs and academic institutions during the process of preparing reports to be submitted to international and regional treaty bodies.

16.  Indicate to the Commission in its 2009 periodic report, what measures Kenya has taken to give effect to these recommendations.

 

 

 

Adopted at the 41st Ordinary Session of the African Commission on Human and Peoples’ Rights held from 16 to 30 May 2007 in Accra, Ghana

I.                   Recommendations

 1.        The African Commission recommends the following to the Government of Zimbabwe:

a.       Continue to pursue the institutional reforms aimed at establishing or strengthening a culture of human rights and the rule of law;

b.      Expedite the process of establishing a National Human Rights Commission in accordance with the “Paris Principles to the Status of National Institutions” [UN Commission on Human Rights Resolution 1992/54];

c.       Incorporate socio-economic rights provisions in its constitution and laws in line with the provisions of the African Charter in order to strengthen the interdependence and indivisibility of the rights and their immediate enjoyment and implementation;

d.      Undertake a comprehensive review of laws that restrict the enjoyment of freedom of expression, access to information and freedom of assembly;

e.       Continue to put in place the necessary reforms to strengthen the judiciary, prison services and law enforcement agencies with a view to promoting and protecting the human rights of all;

f.        Ensure that the conditions of arrest, preliminary interrogation and detention of suspects comply with the principles of the Robben Island Guidelines;

g.       Adopt a holistic approach to prison decongestion and conditions of detention in the prisons, and ensure that the planned policy on Pre-Trial Diversion aimed at young offenders does not compromise one’s right to be presumed innocent;

h.      Abolish the death penalty;

i.         Take adequate measures in combating insecurity, violence, and police and law enforcement excesses, and to ensure respect for the provisions of the African Charter;

j.         Eradicate police violence and extrajudicial killings and immediately investigate such reports and bring those responsible to justice and put in place mechanisms to adequately compensate victims;

k.       Undertake a comprehensive review of the application of statutory and customary laws in the country with a view to ensure that adequate safeguards are in place to protect the human rights of women and girls from discriminatory practices and to ensure fair dispensation of justice;

l.         Repeal laws that sanction the application of corporal punishment;

m.    Decentralize the provision of Legal Aid to reach those outside the capital Harare;

n.      Take adequate measures to ensuring the enforcement of court judgments;

o.      Encourage the government of Zimbabwe to ratify international and regional human rights instruments, including the Additional Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa, the Additional Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights, the OAU Convention Governing the Specific Aspects of Refugee Problems in Africa, and the African Union Convention on Preventing and Combating Corruption;

p.      Ensure that policies, laws and all administrative measures taken by the government take into consideration the views of all, including opposition political parties, civil society organizations and interest groups;

q.       Forward, as soon as possible, to the Secretariat of the African Commission, its written responses to the unanswered questions posed by Members of the African Commission during the examination of the Report;

r.        Take appropriate measures to ensure the timely submission and presentation of the next Periodic Report of Zimbabwe to the African Commission in May 2009, having consulted, in its preparation and content, as many ministries, departments, agencies and non-governmental agencies, as possible.

  Accra, 29 May 2007

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

deferred to the next Extra-Ordinary Session of the Commission​

deferred to the next Extra-Ordinary Session of the Commission

deferred to the next Extra-Ordinary Session of the Commission

Thirty-Fifth Ordinary Session
21 May – 4 June 2004, in Banjul, The Gambia
 

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 Seventh and
Eighth Periodic Report of the Republic of Burkina Faso


I- Introduction

1. The Republic of Burkina Faso (Burkina Faso) is a State Party to the African Charter on Human and Peoples’ Rights (the African Charter) having ratified it on 6 July 1984. Burkina Faso presented its initial report in April 1999, during the 25th Ordinary Session of the African Commission on Human and Peoples’ Rights (the African Commission). This periodic report was submitted to the Secretariat of the African Commission on Human and Peoples’ Rights (the Secretariat) in October 2003.

2. These Concluding Observations follow from the presentation of the periodic report of Burkina Faso. The report was considered by the 35th Ordinary Session of the African Commission held in Banjul, The Gambia, from 21 May to 4 June 2004.

3. The report was presented by a delegation led by HE Mrs Monique Ilboudo, Minister for Human Rights of Burkina Faso.

4. These Concluding Observations give an account of the positive aspects identified in the report as well as those factors that restrict the enjoyment of human and peoples’ rights guaranteed by the African Charter.

5. They also highlight the concerns expressed with regard to the contents of the report and the relevant recommendations made by the African Commission.

6. The African Commission notes with satisfaction the constructive manner in which the dialogue was conducted with the Delegation during the presentation of the report. It accordingly thanks Mrs Monique Ilboudo and her delegation for the comprehensive replies and information they provided in response to the questions and requests for clarification from the Members of the African Commission.

II- Positive Aspects

The African Commission:

7. Congratulates Burkina Faso for presenting its periodic report in accordance with Article 62 of the African Charter, and for complying with the African Commission Guidelines for the Preparation of Periodic Reports.

8. Is particularly pleased to learn that the periodic report was prepared by all the Ministries, in collaboration with human rights NGOs operating in the country.

9. Appreciates the efforts of the Government of Burkina Faso in implementing the rights and freedoms guaranteed by the African Charter. In this connection, the African Commission has noted that Burkina Faso has:
 

Ratified several regional and international human rights instruments and endeavours to implement them; Put in place legislative and regulatory systems as well as institutional mechanisms for the promotion and protection of human rights, including a Ministry for the Promotion of Human Rights and a National Human Rights Commission; Introduced a quota system with a view to involve women in the running of government; Made significant and continued efforts to support the African Union, the African Commission, NGOs, other actors and partners, for the improvement of the situation of the people of
Burkina Faso, particularly women and children; Taken significant measures for the strengthening and the independence of the legal system; Adopted concrete measures, in collaboration with civil societies to enhance peace and security.


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

10. In spite of the commendable efforts made by the Government, lack of resources is still a major handicap for the full realisation of the rights and freedoms guaranteed by the African Charter.

11. The African Commission has noted that certain harmful traditional practices persist and contribute to the violation of human rights, and that the fight against these practices has not yielded the expected results.

12. The high level of illiteracy (70%) and inadequate measures taken to increase the percentage of children in full-time education, particularly the girl-child, represent serious handicaps.

13. Notwithstanding the significant progress achieved in improving the situation of women and the national legal framework which theoretically makes them equal to men in conformity with the national laws and international commitments made by Burkina Faso, women in the country are still marginalized politically, economically and socially.

IV- Areas of Concern

While recognising the efforts of Burkina Faso 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 rights of women and the child are not adequately protected, and there are no adequate provisions for legal assistance, particularly with regard to vulnerable or destitute persons and groups.

15. The report does not sufficiently and exhaustively cover the efforts made by Burkina Faso in the implementation of the provisions of the African Charter.

16. There is no mention in the report of the existence of minorities and any possible action taken to support these groups.

17. Nomadic groups and some minority/indigenous populations living in Burkina Faso in need of special facilities for their education do not receive appropriate assistance.

18. The report does not mention activities carried out by the National Human Rights Commission of Burkina Faso, which is an institution responsible for the promotion and protection of human and peoples’ rights in the country.

19. The report does not mention measures taken by the authorities to punish the perpetrators of women’s rights abuses.

20. In carrying out their duties, it frequently happens that law enforcement agents indulge in extra-judicial killings.

21. The report does not give information on the prison conditions and places of detentions, and yet this constitutes a major concern in the country.

22. The report does not give any information on the situation of refugees who arrived in large numbers from Ivory Coast following the recent events in that neighbouring State.

23. Although the judicial system has recently undergone reforms, it does not yet enjoy the State’s necessary attention that enables it to function smoothly.

24. Individuals suffering from HIV/AIDS do not receive adequate medical attention.

25. The persistence of traditional practices, which are harmful particularly to women, continue to be of concern in spite of the significant efforts made by the authorities in this regard, in collaboration with human rights Non-Governmental Organisations (NGOs).

26. The percentage of children in full-time education is still very low in Burkina Faso, especially with regard to women.

V- Recommendations

The African Commission recommends that the Government of Burkina Faso should:

27. Continue and enhance the collaboration between the State and NGOs in order to find adequate and common answers to the problems related to human rights;

28. Continue to implement the African Charter, particularly by ensuring that the gender dimension is integrated in all its programmes, structures and related activities;

29. Ensure that measures are taken to specifically protect the rights of the child, in particular by increasing efforts in the fight against child trafficking;

30. Take, implement and monitor measures against the violation of the specific rights of women and the child in Burkina Faso;

31. Involve more NGOs and other stakeholders in the process of implementing regional and international instruments to which Burkina Faso is a party, particularly the African Charter;

32. Make the necessary arrangements for prompt ratification of regional and international instruments relating to human rights, particularly the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa;

33. Ensure, without prejudice to the quota policy introduced in favour of women, that women take a more significant part in the running of government;

34. Requests that Burkina Faso, in its next Periodic Report in May 2006 (on the 39th Ordinary Session of the African Commission), 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 Banjul, The Gambia on 4 June 2004.

Thirty-Fifth Ordinary Session
21 May – 4 June 2004, 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
Republic of Niger


I - Introduction

1. The Republic of Niger (Niger) is a State Party to the African Charter on Human and Peoples’ Rights (the African Charter) having ratified it on 15 July 1986.

2. These Concluding Observations follow from the presentation and examination of the Initial Report of the Republic of Niger at the 35th Ordinary Session of the African Commission on Human and Peoples’ Rights (the African Commission or the Commission), held in Banjul, The Gambia from 21 May to 4 June 2004.

3. The Report combines the Initial Report which was due since 15 July 1986 as well as 8 belated periodic reports, which were due from 1988 to 2003. The combined Report was submitted to the Secretariat of the African Commission on Human and Peoples’ Rights in May 2003.

4. The Report was presented by Honourable Aichatou Mindaoudou, Minister of Foreign Affairs and Cooperation of the Republic of Niger.

5. These Concluding Observations highlight some positive aspects in the Report and also identifies factors that restrict the enjoyment of rights guaranteed in the African Charter.

6. These Concluding Observations also outline the concerns expressed about the substance of the Report as well as the recommendations made by the African Commission.

II – Positive Aspects

The African Commission:

7. Congratulates Niger for presenting its Initial Report in accordance with Article 62 of the African Charter and the African Commission’s Guidelines for the Preparation of Periodic Reports;

8. Appreciates the frank and constructive debate that ensued after the Report was presented and the effort made by the Delegation to answer questions and for giving detailed information to the members of Commission;

9. Welcomes the efforts made by the Government of Niger in order to comply with the rights and freedoms provided and guaranteed by the African Charter. Particularly the African Commission welcomes the fact that Niger:
 

is a state party to several regional and international human rights instruments and seeks to comply with them; has set up legal and regulatory mechanisms for the promotion and protection of human rights; has set a quota for women’s participation in the Government; has introduced reforms to make the Judiciary efficient; makes significant efforts with the African Union, the African Commission, Non-Governmental Organizations (NGOs), other players and partners in order to improve the general living condition of the people of Niger, particularly that of women by educating children and eradicating poverty.


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

10. Poverty, a real scourge in Niger, is a major handicap to full compliance with the rights and freedoms provided and guaranteed by the African Charter.
11. The social and cultural traditions of Niger also contribute to the violation of human rights and renders the fight against such practices ineffective.

IV – Areas of Concern

While recognising the efforts of the Government of Niger 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 measures taken to increase the school enrolment rate, particularly the enrolment of girls, and maintaining them in school, has been insufficient despite the efforts made in this regard;

13. 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;

14. Despite the adoption of a law on quotas the presence of women in decision making bodies also remains low;

15. The rights of women, children, minorities and other vulnerable groups are not adequately protected;

16. Legal assistance is not within the reach of everyone in Niger;  

17. The nomadic population, who need special infrastructure because of their way of life, are not getting the necessary attention and assistance;

18. The judiciary does not have adequate resources to perform its tasks smoothly;

19. The judiciary is based on a dual legal system when it comes to personal matters and such a situation does not ensure equality of the citizens before the law;

20. The prisons lack the requisite facilities;

21. The HIV/AIDS pandemic is a challenge that Niger has failed to overcome; and

22. Harmful traditional practices and violence against women remain major concerns although they are considered criminal acts by the law.

V – Recommendations

The African Commission recommends that the Government of Niger should:

23. Pursue its efforts to implement the African Charter by making sure that the gender dimension is incorporated in all relevant programmes, structures and activities;

24. Encourage Niger to pursue its efforts to implement programmes on the fight against poverty;

25. Draw up suitable programmes to educate the children of the nomadic population;

26. Promptly implement reforms so as to render prison conditions humane and strengthen the capacity of the system; 

27. Encourage dialogue between governmental human rights bodies and NGOs and involve the latter in the implementation of regional instruments to which Niger is a party, especially the African Charter;

28. Take measures to ratify regional human rights instruments, particularly the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa;

29. Ensure that the Family Code, which was drafted some years ago, is adopted, promulgated and implemented; 

30. Take measures to ensure that women play a more significant role in the Government of Niger without prejudice to the quota system that has been introduced in favour of women; 

31. Take concrete steps to protect the rights of minorities living in Niger and put in place affirmative action in their favour if the need arises;

32. Pursue actions to fight the HIV/AIDS pandemic and gather information on healthy practices that have helped suppress the disease in other countries and regions;

33. Present on time its next periodic report, which is due in May 2006 (39th Ordinary Session of the African Commission) by introducing updated statistical data on the progress of human rights in Niger; and 

34. 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 35th Ordinary Session of the African Commission on Human and Peoples’ Rights held from 21 May to 4 June 2004, in Banjul, The Gambia.

Forty-Fourth Ordinary Session
10 – 24 November 2008, Abuja, Nigeria

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 Third Periodic Report of the Federal Republic of Nigeria


I - Introduction

1. The Federal Republic of Nigeria (Nigeria) is a State Party to the African Charter on Human and Peoples’ Rights (the African Charter) having ratified it on 22 June 1983.

2. Nigeria submitted its First Report to the African Commission on Human and Peoples’ Rights (the African Commission) in 1990 which was considered during its 13th Ordinary Session in April 1993 and its Second Report was submitted in 2004 and considered during the 40th Ordinary Session in November 2006.

3. The present Report which covers the period from 2005 to 2008, which is Nigeria’s Third Periodic Report, was submitted to the Secretariat of the African Commission on Human and Peoples’ Rights (the Secretariat) on 3 October 2008 and was examined by the African Commission during its 44th Ordinary Session held from 10 to 24 November 2008.

4. The Report was presented to the African Commission by Mr Alhaji Abdullahi Yola, Solicitor General and Permanent Secretary of the Federal Ministry of Justice, and Head of the Delegation of Nigeria. The Report highlights the developments that have occurred in the implementation of the country’s obligations under the African Charter since its last Periodic Report.

5. The present Concluding Observations highlight the positive aspects identified in the Report, outlines areas of concerns based on the content of the Report as well as the answers and information given during the presentation of the Report. Finally, it provides recommendations taking into account the dialogue that ensued from the examination of the Report.

II - Positive Aspects

The African Commission:

6. Welcomes the timely presentation of its Periodic Report by Nigeria in accordance with Article 62 of the African Charter and the fact that both the format and presentation of the Report, are in conformity with the African Commission Guidelines for the Preparation of Periodic Reports.

7. Appreciates the involvement of relevant stakeholders, including government agencies, human rights Non- Governmental Organisations (NGOs), legislators and the public at large in the preparation and writing of the present Report.

8. Appreciates the quality of the Report and the constructive dialogue it had with the Nigerian delegation, comprised of government officials directly involved in the implementation of the African Charter, which allowed for a fuller assessment of the State Party’s compliance with its obligations under the African Charter. The African Commission also welcomes the positive reactions to the suggestions and recommendations made during the discussion.

9. Welcomes the additional information and answers to the questions provided by the Delegation of Nigeria during the examination of the Report, and further welcomes the undertaking made by the Delegation to provide as soon as possible, answers to those questions and additional information which were not immediately available, as well as to include such information in its next periodic report to the African Commission.

10. Notes with appreciation, the fact that Nigeria is the only Common Law country in Africa, to have domesticated the African Charter in its entirety by the African Charter on Human and Peoples Rights (Ratification and Enforcement) Act in 1983. (1)

11. Recognises that since the examination of Nigeria’s 2nd Periodic Report in 2006, at its 40th Ordinary Session, several measures have been taken to enhance the enjoyment of human rights in the country. This includes amongst others, the adoption of legislation, policy measures and judicial and institutional interventions such as: the reform of the administration of justice policies, prison decongestion and reform initiatives, the National Gender Policy and other legal reforms to prevent discrimination against women.

12. Also appreciate the development of rich human rights jurisprudence by the judiciary and in particular, the use of the provisions of the African Charter in settling human rights disputes in the country.

13. Welcomes the current efforts by the State Party to amend Chapter two of its Constitution to allow for the justiciability of social and economic rights, which are presently non-justiciable. It also welcomes the decision by its judiciary, giving effect to the intent and purpose of the provisions of Chapter two of the Constitution despite its present status as non-justiciable rights.

14. Also welcomes the establishment in September 2008, of the Ministry of the Niger Delta and other recent efforts to engage in dialogue with representatives of communities in this region to prevent armed activities, the development of a master plan for the holistic, progressive and accelerated development of the region as well as ongoing programmes tackling human development issues, with the overall aim of achieving gradual peace and meaningful cooperation in the Niger Delta region.

15. Further welcomes the efforts by the Government of Nigeria to amend the statute establishing the National Human Rights Institution- the Nigerian National Human Rights Commission (NNHRC) in conformity with international human rights standards. In this regard, the African Commission welcomes proposed measures to guarantee the independence of this body through measures such as direct funding from the Consolidated Revenue Fund, and the procedure for removal from office of Commissioners. In particular, the introduction of provisions ensuring the effectiveness of the NNHRC, by empowering it to summon individuals and public bodies before it, as well as creating a mechanism for the enforcement of its decisions are most welcome.

16. Recognises the creation of a Central Fund by the Attorney General of Nigeria, to address the inadequacies in the enforcement of monetary compensation awarded in favour of victims of human rights violations perpetrated by the Government or any of its agencies. The African Commission further recognises with appreciation, the substantial budgetary allocation to this fund by the Government, the composition of the committee established to administer the fund as well as the recent payment of compensation to victims of human rights abuses from this Central Fund.

17. Notes the inauguration of the National Committee on the Death penalty, to inter alia, make recommendations on the future of the death penalty in Nigeria. The African Commission further notes the recent pardon of two individuals on death row by the President of Nigeria and the information it has received that no death sentence has been carried out in the Country since 2006.

18. Welcomes the steps taken by Nigeria to improve the rights of children by enacting the Child’s Right Act of 2003 which amongst other things: establishes a minimum age for marriage, imposes an obligation on the Government of Nigeria to uphold the right of every child to free, compulsory and basic education, requires parents and guardians to ensure their child or ward attends and completes primary and junior secondary education and the right of every female child who becomes pregnant before completing her education to continue with her education after delivery. The African Commission further welcomes the provision of the Act prohibiting the imposition of the death penalty against children.

19. Notes the ratification and domestication of all core labour standards of the International Labour Organisation (ILO) in the work place and the establishment of Labour Offices in each State of the Federation for the effective implementation of these standards. The African Commission further notes the development of the National Workplace Policy on HIV/AIDS that provides rights based guidelines to the Government, employers and employees for protecting the right and dignity of workers infected by HIV/AIDS.

20. Appreciates the due attention paid to the family as the basis of the Nigerian society, by amongst other things providing support to single parents as well as the codification of the Muslim family law.

III - Areas of Concern

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

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

22. About the poor level of female representation in all levels of government, particularly in the executive and in the legislature of the Federation and of States. While noting the increase in the number of female appointees to the judiciary, the African Commission remains concerned that not enough has been done to harness through affirmative action, the potential of Nigerian women willing and available to contribute to the social, economic and political development of the Country.

23. About the lack of concrete legislation at the national level on gender based violence, Female Genital Mutilation (FGM), and discrimination against women despite ratification by Nigeria of both regional and international human rights treaties on the rights of women.

24. About the high incidence of infant and maternal mortality, especially in the Northern parts of the Country.

25. That despite decisions by regional and domestic institutions on the activities of trans-national corporations operating in the Niger Delta, there appears to be no change in their operations in terms of the respect for the right to food, shelter and the environment of the people in that region, therefore pointing to a lack of effective monitoring mechanism by the Government.

26. About the evictions and demolition of houses and buildings in various parts of the Country. The African Commission is particularly concerned about the failure of the Government to provide details of the measures it has taken to ensure that these evictions complied with international human rights standards and specifically that adequate compensation was paid to the victims of such eviction.

27. About the recent closure of an independent television station for a broadcast about the imminent resignation of the President of Nigeria, which according to the Delegation had the potential to undermine State security.

28. That the national electoral body- the Independent National Electoral Commission, with respect to issues such as its composition and the appointment and termination of office of its Commissioners, does not sufficiently guarantee its independence.

29. About the existing barriers to access to justice identified in the Report, such as; the high cost of litigation, inaccessibility of courts due to their location in mostly urban areas and exacerbated by the poor transportation system as well as the complex nature of the judicial process.

IV - Matters for Follow-Up from the Report

30. The African Commission welcomes the undertaking made by the delegation of the State Party to furnish it with additional information and updated statistics on issues the African Commission sought further clarification. These include:

a. A detailed inventory of NGOs and CSOs operating within Nigeria, the nature of their relationship and extent of the cooperation between these organisations and the Government.
b. The status of the various draft Bills currently before the National Assembly such as the National Human Rights Commission (Amendment) Bill, Prison Reform Bill, Elimination of Violence in Society Bill, the Anti-Discriminatory Laws and Practices in Nigeria Bill.
c. The status of the Female Genital Mutilation (FGM) legislation which according to the State Party has been adopted by various States of the Federation.
d. Statistical data on the level of women participation in all spheres of Government.
e. Statistical data on the prevalence of FGM in all States of the Federation.
f. Detailed information on prisons and conditions of detention in the country.
g. A copy of the decisions of the Court of Appeal and the Supreme Court in the General Sani Abacha v. Chief Gani Fawehimi case.

31. The African Commission also requires information on the extent to which the content of the Freedom of Information Bill currently before the Senate, complies with the relevant principles in the Declaration of Principles on Freedom of Expression in Africa.

32. The African Commission will also appreciate Information on Government actions to provide assistance for the resettlement of persons displaced by the bomb blast which occurred on 27 January 2002 in Lagos State.

33. As promised by the delegation, the African Commission expects to receive a detailed evaluation of the impact and effectiveness of the two national anti-corruption agencies: The Economic and Financial Crimes Commission (EFCC) and the Independent and Corrupt Practices Commission (ICPC).

34. Finally, the African Commission desires information on whether the current National HIV/AIDS Policy provides the necessary medical care to prevent mother to child transmission of HIV/AIDS.


(1) CAP 10 Laws of the Federal Republic of Nigeria 1990.

V - Recommendations

The African Commission recommends that the Government of Nigeria should:

35. Ensure that the provisions of the African Charter as well as the work of the African Commission is publicised in both rural and urban areas in the 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.

36. Make the declaration under Article 34 (6) of the Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of the African Court on Human and Peoples’ Rights, allowing individuals to have standing and bring cases before the African Court.

37. Take positive steps to create an effective affirmative action mechanism 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.

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

39. Ensure that its electoral laws conform to the relevant principles in the Declaration of Principles of Freedom of Expression in Africa in its entirety and also ratify the African Charter on Democracy, Elections and Governance.

40. Establish an effective monitoring mechanism for the implementation of decisions of regional and domestic bodies on violations of the rights in the Niger Delta, especially those against trans-national corporations.

41. Take the necessary steps to amend its constitutional provisions sanctioning the death penalty and instead provide for its abolition.

42. Ensure the enactment into law of the various draft Bills before its National Assembly, including: the Legal Aid Council Act (Amendment) Bill 2007, Nigeria Police Act (Amendment) Bill, 2007, Prisons Reform Bill, the Elimination of Violence in Society Bill, and the Anti-Discriminatory Laws and Practices in Nigeria Bill.

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

44. 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 44th Ordinary Session of the African Commission on Human and Peoples’ Rights held from 10 to 24 November 2008, Abuja, Federal Republic of Nigeria.

غامبيا: التقرير الأولي، 1986-1992

قدمت: تشرين الأول 21 , 1992

الملاحظات الختامية: Available

السنغال: التقرير الدوري الاول ، 1982-1989

قدمت: تشرين الأول 21 , 1992

الملاحظات الختامية:none