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اللجنة الأفريقية لحقوق الإنسان والشعوب

تغطية المدة:1990 - 1992

تاريخ التقديم: نيسان 07 , 1993

نظرت الدورة:13th Ordinary Session


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

 

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

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


I - Introduction

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

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

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

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

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

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

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

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

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

II - The Positive Aspects

The African Commission:

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

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

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


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

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

IV - Areas of concern

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

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

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

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

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

V - Recommendations

The African Commission recommends to the Government of Cameroon to:

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

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

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

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

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

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

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

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

The African Commission recommends that the Government of Sudan:

NISS

1.Takes adequate measures in combating insecurity, violence, and police and law enforcement excesses, especially those of the NISS.

2.Ensures that the conditions of arrest, preliminary interrogation and detention of suspects comply with the principles of the Robben Island Guidelines.

Judiciary

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

4. Put in place the reforms to strengthen the judiciary especially as it relates to human rights training for judges.

Press Freedoms

5.Take the necessary measures that ensure freedom of expression and access to information.

Death Penalty and Torture and Cruel and Inhuman Treatment and Punishment

6.In its next report provide the number of persons on death row.

7.To observe the moratorium on the death penalty and take measures for its total abolition. 

8.Takes urgent and concrete measures to abolish laws that allow corporal punishment including stoning, amputation, cross-amputation and whipping.

9.Should include standards like the Robben Island Guidelines in the human rights program of Sudan Police College and the training of prison officers. 

10. Consider enacting a law criminalizing torture.

11. Appoints an independent commission to investigate all extrajudicial executions, enforced disappearances and torture by the police and make public its findings.

National Security Act

12. Repeal Article 52(3) of the National Security Act 2010 that provides members of the NISS and their associates with immunity from criminal and civil procedures. 

13. Takes immediate steps to close down all unofficial places of detention.

14. Adopts a holistic approach to prison decongestion and conditions of detention in the prisons, ensuring that the Prison Service get adequate resources, including funding to improve living conditions and access to health care in prisons and places of detention.

Women

15. Enacts legislation prohibiting female genital mutilations, violence and other discriminatory practices against women. 

16. Takes measures to ensure female participation at all levels of decision making, including considering enacting a law on affirmative action.

 

17. In its next Periodic Report provides gender disaggregated data with its narrative Report.

18. Ratify the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa. 

19. Ratifies the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW).

20. Takes legislative and other measures that address rape in Sudan. 

21. Takes measures that address the low level of literacy amongst the girl-child.

22. Enact a law that encourages and promote women’s participation in the political affairs of the State. 

23. Takes measures to ban child labour and recruitment of child soldiers.

24. Should indicate the participation of NGOs in the preparation of its next Periodic Report. 

25. Takes the necessary legislative measures and material preparations to extend free legal assistance to all crimes where the accused person cannot afford to pay legal representation fees.

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

27. Ensure that the deportation of refugees within its territory conforms to international and regional human rights standards. It should explore measures such as voluntary repatriation, integration or resettlement as durable solutions for long standing refugees’ problems.

Ratification of International / Regional Instruments

28. Takes measures to ratify international and regional human rights instruments, including:

     the Convention Against Torture;      the International Convention on Economic, Social and Cultural Rights;      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; Charter on Democracy, Elections and Good Governance.

29. Should undertake to make a declaration accepting the competence of the African Court 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. 

30. Domesticates all the relevant regional and international instruments it has ratified in line with it international obligations.

Rights of Older Persons and the Disabled

31. In its next reporting period the report should outline how the rights of older persons and disabled people are protected.

General

32. Ensures that Sharia law is not applied to Christians and other non-Muslims groups.

33. Requests Sudan to respond to its request for Provisional Measures on Southern Kordofan.

34. In its next Periodic Report provide information on the measures taken by the authorities to deal with excesses of the police and other security agents.

35. Finally, the African Commission requests that the Republic of Sudan in its next Periodic Report inform the African Commission how it has implemented the recommendations in this Concluding Observations. 

Adopted at the 12th Extra-ordinary Session of the African Commission on Human and Peoples’ Rights held from 29 July to 4 August 2012, Algiers, Algeria

 

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.

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.

توغو: التقرير الأولي، 1982-1992

قدمت: نيسان 07 , 1993

الملاحظات الختامية: Available