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20Th Activity Report Covers the Period from January to June 2006

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20Th Activity Report Covers the Period from January to June 2006 AFRICAN UNION UNION AFRICAINE UNIÃO AFRICANA Addis Ababa, ETHIOPIA P. O. Box 3243 Telephone +251115- 517700 Fax : +251115- 517844 Website : www.africa-union.org EXECUTIVE COUNCIL Ninth Ordinary Session 25 – 29 June 2006 Banjul, THE GAMBIA EX.CL/279 (IX) REPORT OF THE AFRICAN COMMISSION ON HUMAN AND PEOPLES’ RIGHTS EX.CL/279 (IX) Page 1 TWENTIETH ACTIVITIY REPORT OF THE AFRICAN COMMISSION ON HUMAN AND PEOPLES’ RIGHTS Section I: Period covered by the Report 1. The 20th Activity Report covers the period from January to June 2006. 2. It is important to recall that the 19th Activity Report of the African Commission on Human and Peoples’ Rights (the African Commission) had been adopted by decision Assembly/AU/DEC.101 (VI) during the 6th Ordinary Session of the Assembly of Heads of State and Government of the African Union held from 23rd to 24th January 2006 in Khartoum, Sudan, after having been considered by the Executive Council. Section II: Holding of the 39th Ordinary Session 3. Since the adoption of the 19th Activity Report in January 2006, the African Commission held a Session, the 39th Ordinary Session, which was held in Banjul, The Gambia, from the 11th to 25th May 2006. The Agenda of the 39th Ordinary Session is attached as Annex One (1) of this Report. 4. The 39th Ordinary Session was preceded by the following meetings: • The NGO Forum, whose objective was to prepare the contribution of the Members of the Commission and that of the partners to the deliberations of the said Session. The NGO Forum was held from 6th to 8th May 2006, in Banjul, The Gambia. • From 7th to 8th May 2006, the African Commission held a two day Preparatory Meeting during which they discussed their contributions towards the Brainstorming Meeting on the African Commission organised by the African Union and held from 9th to 10th May 2006 in Banjul, The Gambia. The Brainstorming Meeting discussed the functioning of the African Commission and its relationship with the Organs of the African Union and its cooperating partners and came up with recommendations that were addressed to various stakeholders. • The Brainstorming Session on the African Commission on Human and Peoples’ Rights organized by the Commission of the African Union was held from 9th to 10th May 2006, in Banjul, The Gambia Gambie, was presided over by Mrs. Salamata Sawadogo, Chairperson of the African Commission. The consultation meeting brought together participants among whom were the representative of the Republic of The Gambia, Members of the African EX.CL/279 (IX) Page 2 Commission, the Commissioner for Political Affairs of the African Union and members of the staff of the Department of Political Affairs, the Acting Director of Administration of the African Union, the representatives of the Pan African Parliament, the Committee of Permanent Representatives, Representatives from the Peace and Security Council, ECOSOCC, the United Nations Office of the High Commissioner for Human Rights, international and intergovernmental organisations, the Chairperson of the National Human Rights Institutions, and representatives of NGOs. The report of the Brainstorming is attached as Annex two (2) of this Report 5. The following Members of the African Commission participated in the deliberations of the 39th Ordinary Session: • Commissioner Salamata Sawadogo, Chairperson; • Commissioner Yassir Sid Ahmed El Hassan, Vice-Chairperson; • Commissioner Reine Alapini-Gansou; • Commissioner Mumba Malila; • Commissioner Angela Melo; • Commissioner Sanji Mmasenono Monageng; • Commissioner Bahame Tom Mukirya Nyanduga; • Commissioner Musa Ngary Bitaye; • Commissioner Kamel Rezag-Bara; • Commissioner Faith Pansy Tlakula. Commissioner Mohammed Abdellahi Ould Babana was absent. Renewal of the Mandate 6. During the 39th Ordinary Session the African Commission renewed and extended the mandate of the Special Rapporteur on Refugees, Asylum Seekers and Internally Displaced Persons in Africa for a period of two years. The mandate was extended to cover migration issues. Participation 7. Delegates from thirty two (32) States Parties, Nineteen (19) National Human Rights Institutions, six (6) International Organisations and Intergovernmental Organisations and one hundred and twenty eight (128) African and International NGOs were represented at the 39th Ordinary Session of the African Commission. Altogether a total of four hundred and nineteen (419) participants attended the 39th Ordinary Session. Presentation of Initial/Periodic Reports by Member States 8. It is important to recall that all the Member States of the African Union are State Parties to the African Charter on Human and Peoples’ Rights. According to the provisions of Article 62 of the African Charter on Human and Peoples’ Rights, each EX.CL/279 (IX) Page 3 State Party undertakes to present, every two years from the date of entry into force of the African Charter, a Report on the legislative or other measures taken to give effect to the rights and liberties recognized and guaranteed by the said Charter. 9. The state of presentation of the Initial and Periodic Reports by the State Parties is as follows: The following The following 16 The following 13 The following 11 13 States are States have never States have States have up to date in submitted a Report already submitted already submitted the submission Reports but have 1 Reports but have of their or 2 outstanding more than 2 Reports Reports outstanding Reports South Africa Botswana Algeria Angola Burkina Faso Comoro Islands Benin Cape Verde Cameroon Côte d’Ivoire Burundi The Gambia Central African Djibouti Congo (Brazza) Guinea Republic Egypt Eritrea Congo (DRC) Mali Libya Ethiopia Ghana Mauritius Mauritania Guinea Bissau Lesotho Mozambique Niger Gabon Namibia Nigeria Rwanda Equatorial Guinea Sahrawi Demo. Tanzania Republic Seychelles Kenya Senegal Tunisia Sudan Liberia Swaziland Zimbabwe Uganda Malawi Chad Zambia Madagascar Togo Sao Tomé and Principé Sierra Leone Somalia 10. The African Commission continues to invite those Member States which have not yet done so, to present their Initial and Periodic Reports. Member States are further reminded that all the outstanding Reports can be consolidated into a single Report for submission to the Commission. 11. During its 39th Ordinary Session, the African Commission considered the Periodic Reports of the following countries and adopted the relevant concluding observations and recommendations: the Republic of Cameroon, the Central African Republic, the Republic of the Libyan Arab Jamahiriya. The Commission expressed satisfaction with the discussions held with the delegations of these States. The Republic Rwanda, Uganda and Zambia presented their Periodic reports, which will be examined during the 40th ordinary session of the Commission. EX.CL/279 (IX) Page 4 12. The Initial Report of the Republic of Seychelles was considered in the absence of the State since the State of Seychelles did not send a representative to the Session. The Initial Report of the Republic of Seychelles was received by the Secretariat of the Commission on 21st June 2004 and was scheduled for consideration at the 36th, 37th and 38th Ordinary Session. However, this Report was not considered due to the absence of the Republic of Seychelles to present the Report, despite several reminders. 13. Consequently, the African Commission decided to examine this Report in the absence of the Seychelles delegation. The Commission regretted the fact that it had not been afforded the opportunity to have constructive discussions with the Member State. Adoption of Mission Reports 14. During its 39th Ordinary Session, the African Commission adopted the following Reports: a) Report on the fact finding mission to the Republic of Togo; b) Reports on the missions of the Special Rapporteur on Women’s Rights in Africa to the Democratic Republic of Congo; Organisation of Seminars 15. Depending on the availability of funds, the African Commission plans to organise seminars on the following topics in 2007: • Terrorism and Human Rights in Africa; • Islam and Human Rights; • Contemporary Form of slavery; • Refugees and internally displaced persons in Africa ; Resolutions 16. In accordance with decision Assembly/AU/DEC.101(VI) of the 6th ordinary session of the Assembly of Heads of State and Government of the African Union, the African Commission received written responses from Ethiopia, Uganda, Sudan and Zimbabwe on the resolutions concerning the Human Rights situation in their countries adopted by the African Commission at its 38th Ordinary Session. The full text of the Resolutions and the responses from the States of Ethiopia, Uganda, Sudan and Zimbabwe are attached as Annex three (3) of this Report. During its 39th Ordinary Session, the African Commission granted audiences to the States of Ethiopia Uganda, and Zimbabwe who requested to make oral presentations and seek clarifications on the said Resolutions. EX.CL/279 (IX) Page 5 Cooperation between the African Commission and Human Rights National Institutions and NGOs 17. During the Session, the African Commission discussed co-operation with the National Human Rights Institutions and Non Governmental Organisations. The African Commission urged State Parties that are yet to establish National Human Rights Institutions to do so and build the capacity of existing ones, in accordance with the Paris Principles and its own resolution on these Institutions. 18. The 2nd African Union Conference of National Human Rights Institutions was held along with the Ordinary Session of the
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