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The African Commission on Human and Peoples’ Rights (the African Commission), meeting in its 46th Ordinary Session, in Banjul, the Gambia, from 11-25 November, 2009:
Considering the provisions of the African Charter on Human and Peoples’ Rights, the Constitutive Act of the African Union, and other regional and international legal human rights instruments;
Recalling the mandate of the African Commission on Human and Peoples’ Rights to promote and protect human rights in Africa;
Considering the objectives of the African Union, inter alia:
Concerned at the climate of insecurity reigning in some African countries as a result of the persistent armed conflicts and the resurgence of fighting in others especially between rebel groups and armed forces, in Sudan, Chad, Central African Republic, Somalia, Eritrea, and in the Democratic Republic of Congo;
Aware of the political instability prevailing in certain parts of Africa as a result of the unconstitutional regime changes such as in the Republic of Guinea and in Guinea Bissau ;
Considering that post election violence has led to human rights violations even in conflict free areas and that arbitrary and extrajudicial executions have persisted long after the elections in some countries;
Concerned at the crisis situation in the wake of the overthrow of constitutional rule leading to untoward situations in countries such as the Republic of Guinea and Guinea Bissau;
Noting that in Kenya, despite the recommendations made by the Kriegler Commission of Enquiry on Elections and the Judge Waki Commission of Enquiry on post-election violence, the Government of National Unity is yet to implement the totality of the recommendations, to wit, the creation of a Special Court in Kenya to try perpetrators of the serious human rights violations committed during the post election violence;
Deeply concerned at the situation in Eritrea where several cases of arbitrary arrests and protracted detentions without trial of former ministers, soldiers, members of the Government, members of opposition parties, journalists and media personnel have been noted, in violation of the provisions of the African Charter on Human and Peoples’ Rights;
Condemning the persistent and serious human rights violations in conflict zones affecting the most vulnerable segments of society, women and children;
Strongly condemning human rights violations committed by rebel forces against the population in areas under their control, as well as the execution of civilians on the basis of summary judgements passed by special courts, the plundering of population’s property and the practice of kidnapping;
Concerned at the threats and harassment of human rights defenders and journalists are subjected to for denouncing human rights violations committed during conflicts, as well as the continued infringements on the freedom of expression;
Concerned at the impunity reigning in these countries:
Done in Banjul, The Gambia, 25 November 2009.
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