What Strategies towards the Abolition of the Death Penalty in West ?

Report of the Symposium in Dakar

Dakar (Senegal) – 12 – 14 November 2012 FIACAT wishes to thank the Ministry of Foreign Affairs of Germany and the Ministry of Foreign Affairs of Luxembourg for funding this Sympo- sium.

FIACAT also wishes to thank the nine ACATs of West Africa who were proactive in their participation at this Symposium and who have shared their experiences on the abolition of death penalty in Africa. FIACAT ex- tends a warm thanks to ACAT Senegal who has co-organised this Sym- posium in Dakar.

Last, but not least, FIACAT wishes to thank Nicolas Huet who managed the entire Symposium’s logistics and made sure that all went well. Table of contents

Table of contents 2 on Civil and Political Rights, aiming at the abolition of the death penalty. 27 Foreword 4 6. Institution of educational and awareness-raising programmes and a communication strategy 27 List of acronyms 5 7. Close cooperation with strategic partners. 27 Introduction 6 8. Drafting of an Additional Protocol on abolition of the death penalty. 28 The death penalty in Africa: towards the abolition of the death penalty on the continent. 6 9. Letters of encouragement to states observing a moratorium. 28 I. The death penalty in Africa. 7 IV. Recommendations. 28 1. But the abolitionist movement still comes up against many obstacles. 7 Conclusion. 29 2. In several African States, those crimes punishable by the death penalty go well beyond the Talk 3: The Second Optional Protocol to the International Covenant on Civil and Political notion of “the most serious crimes” as defined by international law. 8 Rights, aiming at the abolition of the death penalty. 31 3. Certain African States continue to condemn minors to death, contrary to international and Introduction. 31 regional law. 8 I. The second protocol. 31 II. FIACAT and the abolitionist movement in Africa. 9 1. What does the Second Optional Protocol say? 31 1. At the heart of the World Coalition against the Death Penalty. 9 2. What does it mean in practical terms? 32 2. Before the African Commission on Human and Peoples’ Rights. 10 3. Does the Second Protocol allow for reservations? 32 Conclusion. 10 4. What is the impact of the Second Protocol on universal abolition of the death penalty? 33 Talk 1: Overview of the death penalty issue in Africa and specifically in West Africa 12 II. The Second Protocol in Africa. 33 Introduction. 12 III. What strategies might increase ratification? 34 I. General overview. 13 Conclusion . 35 II. The current situation of the death penalty in Africa. 13 Talk 4: The example of the abolition of the death penalty in . 37 1. Abolitionist countries. 14 I. The context. 37 2. Retentionist countries. 14 II. What ACAT Benin has achieved. 38 3. Countries with a moratorium in place. 15 Conclusion. 39 III. Promising developments. 16 Talk 5: The United Nations General Assembly Resolutions calling for a universal moratorium on 1. Ratifications of the Rome Statute. 16 capital punishment . 41 2 3 2. Portuguese-speaking abolitionist countries. 16 Introduction. 41 3. UN vote in favour of a resolution on the moratorium. 17 I. Background. 42 4. Death penalty commuted or revoked in some countries. 17 II. The impact of resolutions adopted by the UNGA. 43 IV. A step backwards: a wave of executions in various places. 17 III. A moratorium on capital executions. 44 V. Factors which encourage maintaining the death penalty in Africa. 18 IV. Evolution of the United Nations Resolution text between 2007 and 2012. 44 VI. The situation in West Africa in particular. 18 V. Evolution of the moratorium resolution votes in Africa. 45 VII. Trend towards abolition in emerging case-law. 19 VI. Strategy to be used to increase the number of States supporting these resolutions. 46 Conclusion. 21 Conclusion: what assessment can we make from these resolutions? 47 Tal