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اللجنة الأفريقية لحقوق الإنسان والشعوب

غامبيا: التقرير الأولي، 1986-1992

تغطية المدة:1986 - 1992

تاريخ التقديم: تشرين الأول 21 , 1992

نظرت الدورة:12th Ordinary Session


الملاحظات والتوصيات الختامية - غامبيا: التقرير الأولي، 1986-1992

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

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

deferred to the next Extra-Ordinary Session of the Commission

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.

Concluding Observations on  the 3rd and 4th combined Periodic Reports
of the Peoples Democratic Republic of Algeria 

Presented at the 42nd Ordinary Session of the African Commission held from 14th
to 28th November 2007 in Brazzaville, Congo




I - Introduction

1. Algeria which signed the African Charter on Human and Peoples’ Rights, on 10th April 1984 and ratified it on 1st March 1987, presented its Initial Report in Ouagadougou at the 19th Ordinary Session of the Commission in April 1996. Algeria subsequently presented its Periodic Report in Tripoli at the 29th Session in May 2001.

2. The present Report gives an account of the human rights situation in Algeria since the presentation of the second Report and thus combines the 3rd and the 4th Periodic Reports.

3. The African Commission commends the efforts made in the preparation of the Report, as well as its presentation during the 42nd Ordinary Session by the Algerian State represented by a delegation led by His Excellency Mr. Chebchoub Abdel Hamid, Ambassador of the Republic of Algeria in Senegal. 

4. The present concluding observations are the outcome of the presentation of the Report by the Representatives of Algeria. They deal with both the positive aspects in the Report and those aspects which restrict or curtail the enjoyment of human rights in Algeria. Furthermore, these concluding observations highlight the areas of concern which, from the Commission’s point of view, require rectifying measures. Finally, in the present concluding observations, recommendations to the State of Algeria are included. These recommendations refer to areas in which measures need to be taken to, strengthen the enjoyment of human rights in Algeria on the one hand, and on the other, to guarantee the rights prescribed by the African Charter in particular.

II - The Positive Factors
 
5. The African Commission observes that since its accession to independence in 1962, the Republic of Algeria has concentrated on the building of a State based on the respect for human rights and fundamental liberties.

6. The Commission also observes that Algeria has subscribed to the respect for the participation of the citizens in the democratic process through the promotion of multi-party politics in 1989. 

7. The African Commission notes that the 23rd February 1989 Constitution facilitated the launching of a programme of political and economic reforms for the establishment of new institutions based on political pluralism, the separation of powers, the independence of the judiciary, the freedom of expression and the option for the introduction of a free market economy.

8. The African Commission further notes that the adoption by referendum of an amended Constitution on the 28th November 1996, further enhanced liberties, political pluralism, the separation of powers and the independence of the judiciary which is enshrined in Article 138 of its Constitution.

9. Apart from the Constitution, the Commission observes that three fundamental laws promote the democratization of public activities in Algeria; they are, the Law on Political Parties, adopted in 1989, and amended in 1997, which sanctions political pluralism, the Law on Associations, promulgated in 1988 and amended in 1990, which allows Associations to be created on the basis of a simple declaration by the founding members, and the Law on Information, adopted in 1990, which made it possible for the creation of an independent or partisan press alongside the public service media.

III - The Factors impeding the enjoyment of the Rights sanctioned by the African Charter on Human and Peoples' Rights 

10. The numerous terrorist attacks which shook the country and the exceptional security measures taken as a consequence restrict the total enjoyment of human rights; these are notably the state of siege which is decreed in these types of situations.

11. The nefarious and persistent traditional practices which contribute to the violation of women’s rights.

IV - The Areas of Concern 

12. The following points are a matter of concern for the African Commission: 

13. The Report does not speak about the cooperation and contribution of all the actors in its preparation and finalization; 

14. The lack of statistics on the implementation of the rights contained in the Charter;

15. The Report does not highlight specific cases of women in Algeria and notably, the provisions put in place to guarantee the active participation of women at all decision-making levels including cases where women have been subjected to violence;

16. To a certain extent, the Report does not lay emphasis on concrete measures taken to give effect to the provisions of the African Charter apart from legislative measures;

17. The Report does not delve into the guarantees for the protection of human rights within the framework of the enforcement of the state of emergency;

18. The report does not mention measures taken towards the implementation of the rights prescribed in Articles 25 and 26 of the provisions of the African Charter;

19. The report does not clarify the legislative measures taken or that are about to be taken to enable the National Human Rights Commission to comply with the Paris Principles;

20. The measures taken with regard to the United Nations declaration on Human Rights Defenders were not discussed in the Report;

21. The Report also does not make mention of the measures taken to give effect to the dialogue with the Algerian State initiated by the Special Rapporteur on human rights defenders in Africa;

22. The Report does not mention the measures taken for the abrogation of discriminatory laws against some NGOs in Algeria;

23. Concerning Treaties and Conventions, the instruments ratified by Algeria are not mentioned;

24. The issues of forced disappearances and the payment of fair and equal compensation are not discussed in the report;

25. The issues of overcrowded prisons and the living condition of inmates and measures taken to improve this situation are not dealt with in the report;

26. The problem of the fire outbreak in one of the prisons which brought about the loss of human lives was not mentioned;

27. The Commission has some concerns regarding the parallel between the 1990 law on Information and the declaration on freedom of expression in Africa;

28. The Report is also silent on the allegations of torture carried out in Algeria, and on cases of arrests of people who later died in prison; 

29. The statistical data on HIV/AIDS and the measures taken eradicate the pandemic were not dealt with in the Report;
 
30. The issues of indigenous populations are not mentioned in the Report;

31. The issue of freedom of religion was not mentioned in the report;

32. The Report does not highlight the extent to which the recommendations contained in the concluding observations were implemented by Algeria. after the presentation of Algeria’s last
Periodic Report.

V - Recommendations

33. The Commission recommends to the Government of the Peoples’ Democratic Republic of Algeria to: 

Put in place an inter-ministerial team responsible for collaboration with the actors to carry out research and prepare Periodic Reports from the formulation stage to its finalization Study recurrent human rights problems in Algeria and list out statistics of the various cases to facilitate their solution; Institute measures to increase the rate of participation by Algerian women at all levels of Algerian society; Take concrete measures to give effect to the provisions of the African Charter and promulgate laws based on the respect of the provisions of the African Charter in general and the freedom of religion in particular; Include in the next Periodic Report the practical provisions which had been laid down to guarantee the enjoyment of the rights stipulated in Articles 25 and 26 of the African Charter; Guarantee the independence of the National Human Rights Commission to ensure that the latter operates on the basis of the Paris Principles; Guarantee security for the Human Rights Defenders in the exercise of their duties in conformity with the United Nations Declaration on Human Rights Defenders and also with the principles enshrined in the African Charter; Respond to the allegations of torture and other allegations of human rights violations contained in the letters-communications conveyed by the Special Rapporteur on Human Rights Defenders in Africa; Establish non-discriminatory working relations with Non-Governmental Organizations; Draw up a comprehensive list of the Treaties and Conventions and other human rights instruments ratified by Algeria; Find an appropriate solution to the situation of missing persons and ensure that a fair and equitable compensation is paid to the rightful heirs; Take appropriate measures to solve the problem of overcrowding in the prisons and also make adequate provision and fully cater for the inmates; Institute measures and ensure respect for the Robben Island Guidelines; Take measures to ensure respect for the rights and freedom of all persons as enshrined in the African Charter; Consolidate the rule of law by taking measures that would make the Declaration on the Freedom of Expression in Africa a reality in Algeria; Shed light on known HIV/AIDS cases in Algeria and the cure that is provided; Provide statistics on Indigenous Populations in Algeria and highlight the situation regarding the recognition and respect for their rights; Promulgate laws based on the respect for the provisions of the African Charter based on the respect for the provisions outlined in the African Charter in general and for the freedom of worship in particular; Ratify the Protocol to the African Charter on the Rights of Women in Africa and institute legislative and other measures to curb abuse against women in Algeria; Provide in the next Periodic Report to be submitted to the African Commission in 2009 a complete chapter on the implementation of the recommendations contained in the last concluding observations and on those contained in the present ones.


Adopted in Ezulwini, Kingdom of Swaziland on 22nd May 2008.

Thirty-Fifth Ordinary Session
21 May to 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 Periodic Report of the Republic of Sudan


I- Introduction

1. These Concluding Observations follow from the presentation of the Periodic Report of the Republic of Sudan (Sudan), a State Party to the African Charter on Human and Peoples’ Rights (the African Charter), having ratified it on 6 July 1986.

2. Sudan presented its initial report in April 1997 during the 21st Ordinary Session of the African Commission on Human and Peoples’ Rights (the African Commission or the Commission). The present Periodic Report combines outstanding reports since 1999. It is accompanied with a number of important annexes from the Sudanese legislation relating to the institutional system, the judicial system and different texts concerning the promotion of human rights.

3. The present Periodic Report was submitted to the Secretariat of the African Commission on Human and Peoples’ Rights (the Secretariat) on 22 May 2003 and was considered by the 35th Ordinary Session of the African Commission held in Banjul, The Gambia, from 21 May to 4 June 2004.

4. The present Periodic Report was presented by a Delegation led by Mr. Abdu Daim M. Zumrawi, Undersecretary in the Ministry of Justice of Sudan.

5. During the 35th Ordinary Session of the African Commission, the Delegation of Sudan submitted other documents updating the Periodic Report as well as a specific report on the situation in Darfur and the Government’s efforts towards the socio-economic development of this region of Sudan.

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

7. They also mention the concerns expressed with regard to the contents of the Report and the relevant recommendations made by the African Commission.

II- Positive Aspects

The African Commission:

8. Congratulates Sudan for presenting its periodic report in conformity with the provisions of Article 62 of the African Charter, and the fact that both format and presentation of the report complies with the guidelines established in this regard by the African Commission.

9. Appreciates the efforts of the Government of Sudan in implementing the rights and freedoms stipulated and guaranteed by the African Charter. In this connection, the African Commission notes that Sudan:
 

has made considerable efforts in order to resolve definitively the conflicts that the country is involved in and requests Sudan to keep up these efforts so as to consolidate peace with all the armed factions; has adopted a Constitution through a referendum held in June 1998 and organized credible general elections, putting an end to the transitional period decreed following the take over of the Government on 30 June 1989; has ratified regional and international instruments relating to human rights and tries hard to implement them; has put in place legislative and regulatory mechanisms as well as institutional and legal mechanisms for the promotion and protection of human rights, particularly a National Human Rights Commission and consultative councils for the protection of the freedom of conscience and the freedom of expression; has made commendable and sustainable efforts to support the African Union, the African Commission, Non-Governmental Organisations (NGOs), other actors and partners for the improvement of the socio-economic situation of the people of Sudan; has established a quota system for the integration of women in the running of the Government of Sudan.

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

10. Bloody and devastating armed conflicts which have been going on for decades in some parts of Sudan have resulted in often serious violations of human rights and represent a major obstacle to the implementation of the rights and freedoms prescribed and guaranteed by the African Charter.

11. For several years, Sudan has been in a state of emergency, particularly those parts of the country which have been affected by rebellions and armed conflicts. This emergency situation curtails the normal exercise and enjoyment of the rights and freedoms prescribed by international instruments relating to human rights and to the African Charter.

12. The application of some criminal law provisions from shari’a or Islamic law in the whole country entails the risk of extending it to individuals belonging to religious groups other than Muslims living in some parts of Sudan.

13. Some harmful traditional practices such as Female Genital Mutilation (FGM) are still practised in Sudan and contribute to the violation of human rights of women and the girl child, though the fight by the State and other actors of civil society against these practices has started to yield some results.

14. The social marginalization and economic discrimination of some socio-ethnic groups in Sudan is an obstacle to the harmonious development of a national citizenry in Sudan.

IV- Areas of Concern

While recognising the efforts of Sudan 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:

15. The system of judicial supervision through police custody and its duration in case of arrest of citizens by law enforcement agents for political offences is not satisfactory;.

16. The application of penalties consisting of corporal punishment is not always done according to strict criteria, and this seems to have given way to many abuses;

17. The Report does not give adequate account of the activities carried out by Sudanese institutions responsible for the promotion and protection of human rights in the country, particularly with regard to the fight against impunity, legal proceedings and judgments against individuals found guilty of serious and flagrant violations of human rights;

18. The time taken in the handling of cases pending before the courts and the requirements for obtaining legal assistance are a source of concern;

19. The Report does not give sufficient and detailed information on the situation of prisons and places of detention while this is of major concern in Sudan;

20. The rights of women and the child are not adequately protected, and vulnerable or destitute individuals and groups are not given adequate legal assistance;

21. The Report recognizes the persistence of some harmful traditional practices against women and the girl child in Sudan, but it does not mention any remedial measures taken by the authorities;

22. The Report does not inform sufficiently the African Commission about the situation of internally displaced persons and refuges in Sudan who still are many due to the numerous conflicts that have devastated Sudan and neighbouring States;

23. The Report does not give information on the situation of people living with HIV?AIDS and measures taken to raise public awareness and assist the sick or carriers of the virus;

24. The Report does not cover the situation of some vulnerable groups such as persons with disabilities who are certainly many, especially as a result of the wars fought in this country;

25. The average rate of education in Sudan is very low (less than 30%) and yet the Report does not mention sufficiently the reasons for this situation and the remedial measures taken by the Authorities and other stakeholders.

V- Recommendations

The African Commission recommends that the Government of Sudan should:

26. Continue with the efforts to consolidate the Peace Agreement of Machakos and Naivasha putting an end to the conflict in Southern Sudan and the humanitarian ceasefire Agreement of Ndjamena to end the conflict in Darfur;

27. Intensify efforts for effective implementation of the African Charter, ensuring particularly that the gender dimension is integrated in all the relevant programmes, structures and activities;

28. Diligently carry out appropriate investigations with a view to prosecuting, before independent and impartial courts, the perpetrators of human rights violations in Sudan;

29. Ensure that measures are taken for specific protection of the rights of refugees and displaced persons in Sudan;

30. Take, implement and monitor measures to fight against the violation of specific rights of women and the child in Sudan;

31. Involve more civil society actors and other partners in the process of implementing regional and international instruments to which Sudan is party, particularly the African Charter;

32. Adopt and implement positive measures for the integration of vulnerable and minority groups living in Sudan;

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 in Sudan;

34. Make the necessary arrangements for the 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 Establishment of an African Court on Human and Peoples’ Rights and the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa;

35. 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 May 2004, Banjul, The Gambia

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.

Thirty-Sixth Ordinary Session
23 November – 7 December 2004, in Dakar, Senegal

 

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 Rwanda


I- Introduction

1. The Republic of Rwanda (Rwanda) is a State Party to the African Charter on Human and Peoples’ Rights (the African Charter) having ratified the same on 15 July 1983. Rwanda presented its initial Report in March 1991 in Banjul, The Gambia, at the 9th Ordinary Session of the African Commission on Human and Peoples’ Rights (the African Commission) and in March 2000 presented its 1st Periodic Report during the 27th Ordinary Session, held in May 2000, in Algiers, Algeria.

2. The present Periodic Report was submitted to the Secretariat of the African Commission on Human and Peoples’ Rights (the Secretariat) in May 2004, in conformity with Article 62 of the African Charter.

3. The present Concluding Observations are drawn from the presentation of the 2nd Periodic Report of Rwanda, which was considered during the 36th Ordinary Session of the African Commission, held from the 23 November to 7 December 2004 in Dakar, Senegal.

4. The Report was presented by a Delegation led by Her Excellency Mrs. Edda Mukabagwuiza, Minister of Justice of Rwanda.

5. The present Concluding Observations give an account of the positive aspects identified in the Report as well as the factors restricting the enjoyment of the rights guaranteed by the African Charter.

6. These Concluding Observations also outline the concerns drawn from the contents of the Report, and the recommendations formulated in this context by the African Commission.

7. The African Commission notes with satisfaction the frank and constructive dialogue it had with the Delegation during the presentation of the Report. The African Commission accordingly expresses its gratitude to Madam the Minister of Justice and to her Delegation for having provided detailed responses and information on the questions posed and on the requests for clarification from its Members.

II- Positive Aspects

The African Commission:

8. Congratulates Rwanda for having presented its 2nd Periodic Report in conformity with Article 62 of the African Charter. This Report, which covers the period up to 2002, is upto date and contains annexure that take into account the developments which took place from the date on which the Report was submitted.

9. Expresses its satisfaction to the Government of Rwanda for the efforts deployed to implement the rights and liberties enshrined in and guaranteed by the African Charter. In this context, the African Commission notes that Rwanda has:
 

Adopted in June 2003, a democratic Constitution and organised electoral consultations and held general elections which put an end to the transition period; Ratified several regional and international human rights instruments and is striving to implement them; put in place legal and regulatory measures as well as judicial and institutional mechanisms for the promotion and protection of human rights, notably a Ministry responsible for the Promotion of Human Rights and a National Human Rights Commission; Adopted, in collaboration with neighbouring States, specialised United Nations Agencies and Non Governmental Organisations (NGOs), measures allowing the return of refugees or displaced persons to their original places of residence; Enacted legislations and put in place mechanisms for better representation/participation of women in national decision making positions; Deployed significant efforts for dealing with the problem of genocide and support for its victims; Deployed efforts for the eradication of poverty and for the general improvement of the situation of Rwandan populations, in particular that of women and children; Taken significant measures for the strengthening of and the independence of the judiciary; and Adopted concrete measures, in association with civil society actors, for the return of peace and the security of individuals and their property.

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

10. Despite the laudable efforts currently being deployed by the Government Authorities, the limited resources in Rwanda preclude the adequate implementation of the rights and liberties stipulated in and guaranteed by the African Charter.

11. The low level of education and the persistence of illiteracy in Rwanda, despite the efforts being made by the Government, constitute a major handicap in the knowledge and enjoyment of their rights and responsibilities by the populations, in accordance with the relevant instruments ratified by Rwanda, in particular the African Charter.

12. The African Commission notes that the consequences of the genocide that took place in Rwanda in 1994 are still felt and constitute a factor that is likely to delay social healing and national reconciliation in Rwanda.

13. Furthermore, certain harmful traditional practices still persist, as well as social and sociological hang-ups contribute to the violation of human rights in Rwanda;

IV- Areas of Concern

While recognising the efforts of Rwanda 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 large number of persons accused of having participated in the genocide and awaiting judgement by the gacaca courts is a matter of concern in terms of the respect for the right to a fair trial. Furthermore, the Report does not sufficiently deal with the existing relations between the gacaca courts and the International Criminal Tribunal for Rwanda (ICTR) on the judicial treatment of the consequences of the 1994 genocide.

15. The existence of indigenous populations, notably the batwa populations and the eventual discrimination against these populations who are often marginalised and are victims of social exclusion is not adequately dealt with in the Report.

16. The rights of women and children are not adequately protected and legal and judicial assistance, notably for vulnerable groups and individuals, minorities or indigents, is not properly guaranteed.

17. Discrimination against women constitutes a major source of concern in the context of the Rwandan women’s emancipation. Also, Rwandan women still remain largely uneducated and most often are marginalised in terms of access to public services and to leadership roles in public affairs. The same is true in terms of access by women heads of household to land and to the exercise of independent income generating activities.

18. The persistence of harmful traditional practices against women in particular, remains a matter of concern in spite of significant efforts deployed in this regard by the Government Authorities in collaboration with Human Rights NGOs. Besides, the rate of school enrolment is still very low in Rwanda.

19. The existence of a large number of street children in Rwanda constitutes a factor of major concern, which has to be dealt with urgently, in accordance with the relevant provisions of the African Charter and the African Charter on the Rights and Welfare of the Child.

20. The Report does not give accurate information on the measures being taken by the Government Authorities to implement the anti-corruption policy in Rwanda;

21. The situation of prisons and places of detention are quite worrying in view of the large number of detainees, notably those accused of having participated in the genocide who have spent years behind bars and who the traditional courts known as the gacaca have not been able to sentence rapidly.

22. The Report does not adequately detail the efforts made by the Government Authorities to put an end to impunity, notably with regard to activities contrary to human rights that implicate personalities who had held responsible positions during the transition period.

23. Individuals affected by HIV/AIDS do not receive adequate medical care.

24. The measures taken by the State to facilitate the return of refugees and displaced persons to their original places of residence appear to be insufficient, notably in view of the number of persons concerned in the re-insertion exercise.

V- Recommendations

The African Commission recommends that the Government of Rwanda should:

25. Pursue its efforts in the area of democratisation and the implementation of the rule of law, stability and peace in Rwanda and in the sub-region.

26. Pursue efforts to deal with the genocide hearings/trials in accordance with the standards which are compatible with the right to a fair trial.

27. Pursue efforts for the effective implementation of the African Charter by ensuring the integration of the gender perspective in all related programmes, structures and activities.

28. Set up and implement adequate measures to guarantee the specific protection of the rights of individuals infected by HIV/AIDS, particularly women and children, and the access to adequate medical care.

29. Implement and ensure the follow-up of measures in the protection of the identity and cultural rights of Rwandan indigenous populations, notably their rights to freedom of association and expression, in conformity with national legislation.

30. Ensure greater involvement of NGOs and other stakeholders in the implementation process of regional and international instruments to which Rwanda is signatory, in particular the African Charter.

31. Ensure, without prejudice to the current policy which favours women, that the latter play a more significant part in the management of public affairs.

32. Take measures to guarantee the effective protection of returning refugees and displaced persons, by according them equal rights in all areas including economic and social rights, without discrimination, thereby allowing their social re-insertion/reintegration which should lead to genuine national reconciliation.

33. 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 36th Ordinary Session of the African Commission on Human and Peoples’ Rights held from 23 November to 7 December 2004, Dakar, Senegal.

Forty-Third Ordinary Session
7 – 22 May 2008, in Ezulwini, Kingdom of Swaziland

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 Consolidated 2nd to 10th Periodic Report of the United Republic of Tanzania
 

I - Introduction

1. The United Republic of Tanzania (Tanzania) is a State Party to the African Charter on Human and Peoples’ Rights (the African Charter) having ratified the same on 18 February 1984.

2. The 2nd to 10th Consolidated Periodic Report of the United Republic of Tanzania was received at the Secretariat of the African Commission on Human and Peoples’ Rights (the Secretariat) in 2008 and was considered at the 43rd Ordinary Session of the African Commission on Human and Peoples’ Rights (the African Commission) which took place in Ezulwini, Kingdom of Swaziland, from 7 to 22 May 2008.

3. The Report was presented before the African Commission by Honourable Matt Chikawe, Minister for Justice and Constitutional Affairs of the United Republic of Tanzania.

4. The present Concluding Observations give an account of the positive aspects, factors restricting the enjoyment of rights guaranteed under the African Charter and areas of concern 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:
5. Commends the United Republic of Tanzania for ensuring that the Report conforms to the African Commission’s Guidelines for the Preparation of State Reports and the fact that the Report identifies legislative and other measures put in place to implement the basic rights and fundamental freedoms enshrined in the constitution of the country and international human rights instruments.

6. Notes in particular that the Report does not only indicate the measures the Government has put in place to ensure the implementation of the African Charter, but also indicates the difficulties Tanzania encounters in the implementation of the African Charter.

7. Appreciates the Government’s decision to involve stakeholders such as civil society organisations, government ministries, the Commission on Human Rights and Good Governance, NGOs, political parties and the United Nations Development Programme (UNDP), in the preparation of the Report.

8. Takes note of the fact that the United Republic of Tanzania has ratified most major international human rights instruments, including amongst others, regional human rights instruments such as:
the African Charter on Human and Peoples’ Rights; the Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights; The African Charter on the Rights and Welfare of the Child. 9. Welcomes the fact that the United Republic of Tanzania has entrenched the protection of fundamental rights and freedoms in a Bill of Rights in the 1985 Constitution (Articles 12 – 29), and has in addition enacted the 1994 Basic Rights and Duties Enforcement Act of 2002, which provides for, among other things, procedures for seeking remedies when violations occur, thus ensuring the effective enjoyment of these rights.

10. Welcomes the provision of free ARVs to people living with HIV/AIDS including prisoners.

11. Also welcomes the Affirmative Action policy aimed at addressing gender disparity in schools, through among other things, lowering the pass mark for girls. The African Commission would, however, like to urge the Government of Tanzania to ensure that this does not negatively affect the standard of education for the girl child.

12. Appreciates the Government’s efforts to ensure the teaching of human rights throughout the country.

13. Appreciates the moratorium on the execution of persons on death row, and the fact that Tanzania has not executed any person on death row for over thirteen years. In this regard, the African Commission welcomes the research being carried out by the Law Reform Commission to determine whether the death penalty should be retained or abolished.

14. Welcomes the establishment of the Commission on Human Rights and Good Governance in accordance with the Paris Principles, and, in particular, the public participation in the selection of members of the Commission.

15. Appreciates the Government’s undertaking to make a declaration under Article 34 (6) of the Protocol on the Establishment of the African Court.

16. Welcomes the efforts of the Government of Tanzania to promote the rights of women, and to promote women in political life and decision making positions. The African Commission particularly welcomes the Government’s plan to ensure gender parity in all government services by the year 2010.

17. Congratulates the United Republic of Tanzania for respecting the right to culture, by promoting vernacular languages, including Swahili.

18. Commends the Government for establishing poverty alleviation programs, to improve the livelihoods of its citizens and empower women and youths.

19. Appreciates the establishment of an ad hoc Presidential Committee headed by a High Court Judge to look into cases of police misconduct or abuse of power.

III – Areas of Concern

While recognising the efforts of the United Republic of Tanzania to promote and protect human rights and to create awareness on the principles and provisions of the African Charter, the African Commission remains concerned:
20. That the HIV/AIDS pandemic has put at risk many years of development effort.

21. That the United Republic of Tanzania has not made the declaration under Article 34 (6) of the Protocol Establishing the African Court, thereby effectively denying individuals and NGOs access to the Court.

22. That in spite of having ratified most of the international human rights instruments, for more than two decades the country has not taken any steps to domesticate some of these instruments.

23. About the power of preventive detention vested in the President, which he/she utilizes at his/her absolute discretion. The African Commission believes that in an open, free and democratic society where there is separation of powers, such measures are not necessary.

24. That there is no permanent independent institution to oversee police misconduct and other malpractices.

25. That the crime of libel still exists on the statute books of Tanzania.

26. That the Education Act still provides for corporal punishment, which the State delegate confirmed, is still being administered in Tanzania.

IV – Recommendations

The African Commission recommends that the Government of the United Republic of Tanzania should:
27. Work closely with NGOs, civil society organisations, and other human rights actors to ensure the enjoyment of the rights and freedoms enshrined in the African Charter.

28. Immediately abolition corporal punishment as it constitutes a violation of Article 5 of the African Charter.

29. Abolish the death penalty.

30. Amend the Newspaper Act to remove criminal libel from its statute books.

31. Provide the Commission on Human Rights and Good Governance adequate resources (financial, human and material).

32. Take urgent steps to domesticate the African Charter and other international human rights instruments that Tanzania has ratified, in order to give Tanzanians the opportunity to enjoy the full range of rights guaranteed in these treaties.

33. Establish a permanent independent police oversight body.

34. Transform the Tanzania Broadcasting Corporation into a public broadcaster to ensure access to the citizens.

35. Amend the Preventive Detention Act to ensure that the power of preventive detention is vested in the appropriate institution.

36. Speed up the review of the Law of Marriage, and formulate laws to penalise domestic violence and marital rape.

37. Formulate a definition of indigenous peoples that accommodates Tanzania’s circumstances and is consistent with the provisions and principles of the African Charter.

38. Enact a law to criminalise torture and to speed up the ratification of the Convention against Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment.

39. Enact and implement legislation on HIV/AIDS, and establish a National AIDS Control Commission.

40. Implement the Robben Island Guidelines (RIG) to enable compliance with Article 5 of the African Charter(a copy of the RIG is attached to these Concluding Observations).

41. Authorise requests from the African Commission to undertake missions to the country.

42. 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.

Forty-Fifth Ordinary Session
13 - 27 May 2009, 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 Third Periodic Report of the Republic of Sudan (2003-2008)


I - Introduction

1. The Republic of Sudan (Sudan) is a State Party to the African Charter on Human and Peoples’ Rights (the African Charter) having ratified it on 18 February 1986.

2. Sudan presented its Initial Report to the African Commission on Human and Peoples’ Rights (the African Commission) during its 21st Ordinary Session held from 15 to 24 April 1997, in Nouakchott, Mauritania. Sudan’s Second Periodic Report was presented at the 33rd Ordinary Session of the African Commission held from 15 to 29 May 2003 in Niamey, Niger.

3. The present Concluding Observations follow the presentation and examination of the Third Periodic Report of Sudan, covering the period from 2003 to 2008. The Delegation was led by Mr Abdel Hameed A. Mohamed, who presented the Report.

4. The present Concluding Observations give an account of the positive aspects, and concerns identified from 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:

5. Welcomes the presentation of the Report by the Government of Sudan 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’s Guidelines on State Reporting.

6. Appreciates the quality of the Report and the constructive dialogue it had with its delegation which allowed for a fuller assessment of the State Party’s compliance with its obligations under the African Charter and welcomes the positive reactions to the suggestions and recommendations made during the discussion.

7. Notes that though the Government of Sudan had not submitted its 3rd Periodic Report within the time stipulated under Article 62 of the African Charter, it must be commended for preparing and submitting it given the difficult political circumstances the country finds itself in.

8. Appreciates the update given to it by the Government of Sudan regarding the various treaties the latter has signed to achieve peace in Sudan. It commends the Government of Sudan for signing the Comprehensive Peace Agreement (CPA) with the Sudan People’s Liberation Movement (SPLM) on 9 January 2005, in Nairobi, Kenya, which included the right to self determination for Southern Sudan. The African Commission notes that the 2005 CPA established a new Government of National Unity (GNU) and the Interim Government of Southern Sudan.

9. Notes and welcomes the signing of the Darfur Peace Agreement (DPA) in Abuja under the auspices of the African Union (AU) on 5 May 2006 between the Sudanese Government and the Sudan Liberation Army led by Minni Arkou Minawi (SLA/MM).

10. Commends the Government of Sudan for adopting the 2005 Interim Constitution, which provides for extensive protection of rights in Sudan.

11. Commends the Government of Sudan for ensuring that the Interim Constitution contains explicit provisions protecting the rights of women and guarantees that the minimum marriage age for females is 18.

12. Welcomes the fact that the 2005 Interim Constitution not only bans torture, slavery and other forms of inhuman treatment, but also criminalises all forms of servitude.

13. The African Commission commends the Government of Sudan for ratifying numerous regional and international human rights instruments which have become part of Sudanese National Laws as provided for in the Interim Constitution.

14. Commends the Government of Sudan for setting up an independent Human Rights Commission.

15. Welcomes the effort being made by the Government of Sudan to put an end to extra-judicial killings and impunity by ensuring that perpetrators are arrested, charged, speedily brought to justice and punished where they are found guilty. It also welcomes efforts by the Government of Sudan to punish members of the security forces that mistreat detainees or prisoners.

16. Welcomes the Government’s efforts and measures taken to address the poor conditions of detainees by the setting up of Community Police Training Centres, special detention units for children and the Special Bureau for Detainee Affairs and a Medical Unit.

17. Appreciates the openness of the Government of Sudan in acknowledging that despite efforts to eradicate harmful cultural practice, Female Genital Mutilation (FGM) still persists. It notes that the Government of Sudan is working towards its eradication.

18. Notes the effort being made by the Government of Sudan in its fight for eradicating violence against women. It notes the high percentage of women in Government, universities and other public offices.

19. Welcomes the Government’s efforts to address the problem of street children and programmes that excludes children from joining the multiplicity of armed groups. It particularly welcomes the disarmament, demobilisation ad reintegration programme that aims to bring them back to their families and integrate them into society. It also commends the Government of Sudan for enacting a Children’s Act and for setting up the National Commission of Children responsible for providing material comfort for needy children especially those who have been internally displaced.

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

20. The African Commission acknowledges the account in the Periodic Report that war has been largely responsible for the lack of enjoyment of human rights, and for the vast array of human rights problems taking place in Sudan. In 2008, Sudan continues to cope with the countrywide effects of conflicts, displacement and insecurity.

21. The African Commission also notes that the May 2006 Darfur Peace Agreement (DPA) is too limited in scope and with too few signatories and may actually impede Sudan’s peacemaking efforts.

IV - Areas of Concern

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

22. Since gaining independence on 1 January 1956, Sudan has been faced with many political, social and ethnic challenges characterized by serious violations of human rights.

23. The conflicts in Darfur and the East, combined with the continuing effects of the former war in Southern Sudan have impacted negatively on the enjoyment of human rights in Sudan.

24. Government-aligned militia (janjaweed), Darfur rebel groups, and tribal factions continue to commit serious abuses of human rights.

25. Tensions and violence have persisted in the South over the implementation of the CPA. It is concerned that conflict on the Country's Western border with Chad is, in part, a spill-over of the conflict in Darfur and, in part, attributable to Chadian rebel forces based in Darfur who are opposed to the rule of Chadian President Idriss Derby.

26. In October 2007, lack of progress on issues such as North-South border demarcation and disagreements about North-South sharing of oil revenues threatened to erode the CPA as the SPLM threatened a permanent withdrawal from the Government of National Unity.

27. Credible reports still indicate that serious human rights violations like indiscriminate bombing of villages and schools, extrajudicial and other unlawful killings by government forces and other government-aligned groups still take place.

28. UN Resolution 1591 is not being adhered to by all sides involved in the conflict. (1)

29. Torture, beatings, rape, and other cruel, inhuman treatment or punishment by security forces still persist.

30. Sexual violence against women in Darfur still takes place.

31. Women still cannot travel abroad without the permission of their husbands or male guardians.

32. Child labour and recruitment of child soldiers, particularly in Darfur still take place.

33. Trafficking in persons, discrimination and violence against ethnic minorities, forced labour by security forces by both aligned and non-aligned militias in Southern Sudan and Darfur is still prevalent.

34. Despite efforts by the Government of Sudan to address the issue of prison conditions, harsh prison conditions, arbitrary arrest and detention, including incommunicado detention of suspected government opponents, are still taking place.

35. Though the Constitution guarantees judicial independence – lawyers wishing to practice are required to maintain membership in the government-controlled Bar Association.

36. Television and newspaper reporters are often arrested, imprisoned, beaten and tortured for doing their jobs.

37. Though Sudan signed the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT), it is yet to ratify it. The African Commission is also not clear how far the Robben Island Guidelines is being used to train police and prison officials.

38. Article 33 of the National Security Act seems to give immunity from persecution for some members of the Sudanese Security Service.

39. Sudan currently bears the burden of more than 1 million refugees most of whom come from Ethiopia, Eritrea, Chad and Congo. Most of these refugees took refuge in the Sudan from the 1960s and that many of these refugees have still not been integrated into Sudanese society to be full citizens.

40. The plight of millions of Internally Displaced Persons (IDPs) who have been displaced as a result of war and other man made crises seem to be under-played in the Report.

41. The Government of Sudan continues to use the death penalty and that in 2008, eight people were executed.

42. Sudan has not yet signed and ratified the Rome Statute of the International Criminal Court.



(1) Resolution 1591 censored the Government of Sudan and rebels in Darfur for having failed to comply with several previous UNSC resolutions, for ceasefire violations, and for human rights abuses. The resolution also called on all parties to resume the Abuja talks and to support a peaceful settlement to the conflict in Darfur. It also forms a Monitoring Committee charged with enforcing a travel ban and asset freeze of those determined to impede the peace process, or violate human rights. Additionally, the resolution demanded that the Government of Sudan cease conducting offensive military flights in and over the Darfur region.

V - Recommendations

The African Commission recommends that the Government of Sudan should:

43. Establish a National Commission of Enquiry / Truth and Reconciliation Commission as part of the reconciliation and healing process, and as part of the process of addressing the multiple conflicts currently going on in the country.

44. Give an update on how it is implementing the UN Resolution 1591.

45. Open up constructive dialogue, with the full involvement of the AU, with all factions of the various conflicts in Sudan in a bid to find a comprehensive solution to the problems in the country.

46. Approve a visit by the African Commission to discuss with the Sudanese Authorities issues relating to the general promotion and protection of human rights.

47. Continue cooperation with the combined AU and UN “hybrid” force (UNAMID) in order to enhance the security of the civilian population for the eventual return of IDPs to their communities and for the protection of humanitarian agencies’ personnel and materials.

48. Ensure that refugees within its territory continue to receive its support, and in cooperation with UNHCR, where appropriate explore measures such as voluntary repatriation, integration or resettlement as durable solutions for long standing refugees’ problems.

49. Create a separate Ministry of Children’s Affairs to address the pressing issues children face in Sudan.

50. Ratify as a matter of urgency the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa.

51. Ratify the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and take measures to eradicate discriminatory practices against women, especially by ensuring that the law which criminalizes adultery does not operate in such a manner that it discriminates against women.

52. Criminalise all forms of violence against women, especially the practice of FGM.

53. Ensure that Sudan criminalises torture.

54. Enact legislation banning the use of corporal punishment and all other inhuman and degrading treatment.

55. Put a moratorium on the death penalty.

56. Undertake measures to train members of the judiciary at all levels, state prosecutors, and members of the bar, police and prison officials on human rights law.

57. Repeal Article 33 of the National Security Act that seems to give immunity from prosecution for some members of the Sudanese Security.

58. Publicise and disseminate information about the African Charter, Robben Island Guidelines, and use it as one of the human rights instruments for its training for police and prison officials. The African Commission offers it services to hold training sessions in Sudan for police and prison officials on the use of the Guidelines and other international human rights instruments relating to the prevention and prohibition of torture and conditions of detention.

59. Enact legislation ensuring the complete independence of the Bar Association.

60. Relook at existing laws governing press freedoms with a view to ensuring that the relevant media structures and institutions are empowered to function freely and independently.

61. 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 45th Ordinary Session of the African Commission on Human Peoples’ Rights held from 13 to 27 May 2009, Banjul, The Gambia.

زيمبابوي: التقرير الدوري الاول،1986-1991

قدمت: تشرين الأول 21 , 1992

الملاحظات الختامية: Available

السنغال: التقرير الدوري الاول ، 1982-1989

قدمت: تشرين الأول 21 , 1992

الملاحظات الختامية:none