Forum on NGO Participation

(Report)—The Forum on NGO Participation in the Work of the 43rd Ordinary Session on the African Commission on Human and People’s Rights (ACHPR) and the 17th African Human Rights Book Fair, organised and facilitated by the African Centre for Democracy and Human Rights Studies (ACDHRS) in collaboration with the African Commission; Human Rights Institute of South Africa (HURISA); United Nations Office of the High Commissioner for Human Rights (UN-OHCHR); Open Society Institute of Southern Africa (OSISA); and Swaziland Coalition of Concerned Civic Organisations (SCCCO) was held at the Royal Swazi Spa Convention Centre, in Ezulwini, Kingdom of Swaziland from 3-5 May 2008.

The Forum brought together 135 participants and facilitators (70 women and 65 men). This comprises 104 representatives coming from 24 countries in Africa; 31 participants from 3 countries in Europe, namely France, Switzerland, The United Kingdom; and from United States of America and Canada respectively. The participants and facilitators were generally from Non-Governmental Organisations, representing coalitions and networks together with a good number from national, sub-regional and regional institutions. Some Commissioners of the African Commission participated in the Forum and contributed to the discussions at one point or another during the plenary sessions and the Special Interest Working Groups. Those present included the Chairperson of the African Commission on Human and Peoples Rights Justice Sanji Monageng; the Vice-Chairperson of the African Commission Dr. Angela Melo; the Special Rapporteur on Human Rights Defenders; the Special Rapporteur on the Rights of Women in Africa; the Chairperson of the Working Group on Torture and the Secretariat of the African Commission on Human and Peoples Rights. Most Commissioners who were not able to participate were represented by their assistants. Their contributions were very much appreciated by the participants.

The three-day activity was declared open by H.E. Hon. James. M. Dlamini, Attorney General of the Kingdom of Swaziland. Hon. Obed Dlamini, Chief Whip of the National Assembly of Swaziland, delivered the keynote address. Various representatives including the Representative of the Chairperson of the African Commission on Human and Peoples’ Rights (ACHPR), Commissioner Soyata Maiga, Special Rapporteur on the Rights of Women in Africa; a Representative of the Governing Council of the African Centre for Democracy and Human Rights Studies (ACDHRS), Mr. Mohammed Mabassa Fall; three representatives of partners, namely: the President of OSISA, Mr. Musa Hlophe and Mr. Frej Fenniche, Regional Representative of the Office of the High Commissioner for Human Rights based in Addis Ababa, Ethiopia; the Director of HURISA, Ms. Corlett Letlojane; and the Executive Director of ACDHRS, Mrs. Hannah Forster made statements at the opening ceremony. The occasion was chaired by Mr. Mohammed Mabassa Fall.

As usual; the programme was guided by the provisional agenda for the draft 43rd Ordinary Session of the African Commission circulated prior to this meeting and prepared in consultation with participants of the Forum and the Secretariat of the African Commission respectively, with the aim to review and formulate strategies and recommendations on the following themes:

o New Developments in the human rights and democracy situation in Africa: As a way of updating the Forum; this session continued to highlight the state of human rights and democracy in Africa as well as the rights of specific groups. An overview as well as sub regional situations were dealt with by the main presenter assisted by discussants. While acknowledging the progress made by some states in the observance of human rights, the Forum identified issues for discussion: the continuing deterioration of a good number of others due to conflict and failure in constitutional obligations. Updates on the overall situation in Africa, with discussants highlighting sub-regional state of affairs as well as on specific countries such as Angola, Darfur, DRC, Kenya, Lesotho, Somalia, Swaziland and Zimbabwe were received; conditions that have caused much cause for concern. Yet again, reports were also received on early warning signs, which touched on situations in Chad, Nigeria, and Uganda. Diverse situations including the draconian legislations to muzzle freedom of the press and media; the hazardous situation of human rights defenders particularly that of women defenders, among others were raised. Strategies to strengthen collaboration between the mandates of the United Nations with that of the African Commission were developed.

o Thematic special interest groups sessions relating to Refugees and Internally Displaced Persons; Minorities and Indigenous Peoples’; Women and Children; Human Rights Defenders; Impunity; the African Court; Migrant Workers; Freedom of the Medias; Lesbian, Gay, Bi-Sexual, Transgendered and Intersex Peoples’; Impunity for Violence Against Women and Girls; Prevention of Torture; Economic, Social and Cultural Rights provided the impetus for the discussion of these issues.

Impunity was reviewed in the light of the fact that we are gradually moving into a world where violators will have no place to hide, while the forum revisited the progress of the African Court so far in the light of the steps taken towards its operationalization and the eventual implementation of the decision by the Heads of State to merge The African Court on Human and Peoples Rights with the African Court Of Justice.

o Strategies for the ratification and implementation of the Protocol to the African Charter on the Rights of Women in Africa were exchanged as a basis for future collaboration. A seminar on the protection of girls and women from harmful traditional practices reviewed the situation and also forward strategies to the Forum. In the same vein, the situation of women in Africa as well as the role of the Special Rapporteur in making positive contributions to lives of women was also discussed.
o In all these discussions, there was the underlying objective to ensure that more work is done by civil society organisations together as well as with the African Commission during intersession in order to render our activities more effective and credible. It is believed that strategically, this will enhance our input to the work of the African Commission.
o In view of the 60th Anniversary of the Universal Declaration, the Forum believed that the sensitization and popularisation of this historic document was key in the work of all stakeholders – African Commission, States, National Human Rights Commission, the Private Sector and Civil Society.
o The Forum resolved that all stakeholders should collaborate in the organisation of the Johannesburg +10 Human Rights Defenders Forum later this year, as well as the organisation of the Durban +5 World Conference Against Racism next year.
o In line with the objectives of the Networking for Human Rights in Africa session, which was geared towards the provision of more information and interaction between the four main partners i.e. The African Commission on Human and Peoples’ Rights; The African Union Commission; States; and Civil Society, in the development and maintenance of an effective human rights community, the Forum continued to review and receive updates on the developments taking place at the Human Rights Council as a result of the reforms at the UN Human Rights Council. Information was made available on forthcoming events and the need for civil society involvement in the processes. The presentation updated participants to the work of the Human Rights Council highlighting the developments made so far on the UPR, its challenges; and its future plans and how to ensure civil society participation. Opportunities for networking with the African Commission and NGOs were examined to consolidate on the strategies for effective collaboration between these groups with a common goal of promoting and protecting human rights in Africa. The work done by Civil Society in these process was commendable and strategies for collaboration with the network were reviewed..
o The importance and role of the African Human Rights System to secure reparations was also presented in a bid to explore practical strategies in the process to engage civil society to network information for human rights promotion and protection in Africa.
o Updates were also received on the process of implementing the recommendations contained in the NGO Forum Evaluation adopted last year in Brazzaville, Republic of Congo. This included the election and establishment of the NGO Forum Steering Committee Members representing the five sub-regions – North, Southern, East, West and Central as well as the Diaspora. The Forum also provided the opportunity for participants to meet in their regions and draw up an action plan for cooperation during the Forum and inter-sessions all aimed at enhancing networking as well as their contributions to the work of the African Commission and other human rights bodies.
As usual, the sessions were well attended and were characterised by active participation and constructive exchanges of information and experiences coupled with a high sense of responsibility and professionalism. Participants approached their work with much determination and objectivity.

The Forum, while congratulating the United Nations and the African Commission on commemoration of the 60th anniversary and appreciating the progress made so far in the implementation of the African Charter, however indicated that the fulfilment of aspirations of the people of world, not the least the African people remains as work in progress. Furthermore, the positive contributions made by all the Special Rapporteurs as well as the Working Groups set up by the African Commission to address various human rights issues of common concern to the human rights community was applauded. The Forum, however, raised concerns that feedback is still outstanding as regards recommendations and resolutions forwarded to the Commission from previous Forums.

The Forum on the Participation of NGOs in the 43rd Ordinary Session of the African Commission on Human and Peoples’ Rights was declared closed by Mr. Mandla Hlatshayo, the Managing Director of Ilovo Sugar, Swaziland. Other speakers at the closing included, Mr. Mohammed Mabassa Fall on behalf of the Chairperson of the African Centre for Democracy and Human Rights Studies; Mr. Musa Hlophe, Coordinator, Swaziland Coalition for Concerned Civic Organisations and Chairperson of OSISA; Mr. Frej Fenniche, Regional Representative, Office of the High Commissioner for Human Rights (OHCHR); Commissioner Angela Melo, Vice Chairperson of the African Commission on Human and Peoples’ Rights. A vote of thanks was made on behalf of participants by Ms. Busisine Ntsele, of the Swaziland Action Group Against Abuse. Mrs. Hannah Forster chaired the occasion.

On behalf of the Forum, Resolutions and Recommendations have been formulated and are hereby forwarded, to the African Commission for their kind consideration and as the contribution of civil society in Africa, and particularly of those NGOs with observer status with your august body. The Forum took the liberty of reviewing some of these resolutions and recommendations from the previous Forum.

It is worthy to note that all the recommendations and resolutions below were adopted unanimously by consensus:

Country Specific Resolutions: (NGO/CRes/0000-0508)
1. Resolution on the situation in Eritrea (updated)
2. Resolution on the situation in Kenya (updated)
3. Resolution on the situation in Somalia (updated)
4. Resolution on the situation in Sudan (updated)
5. Resolution on the Human Rights Situation in Swaziland
6. Resolution on the situation in Zimbabwe (updated)

Thematic Resolutions: NGO/TRes/0000-0508
7. Resolution on African countries in crisis and Elections
8. Resolution on Enforced Disappearances (updated)
9. Resolution on Ending Impunity in Violence Against Women
10. Resolution on Human Rights Defenders (updated)
11. Resolution on Lesbian, Gay, Bisexual, Transgendered and Intersex People
12. Resolution on Minority Groups in Africa (updated)
13. Resolution on National Human Rights Institutions
14. Resolution on the Protocol to the Establishment of an effective African Court on Human and Peoples’ Rights (updated)
15. Resolution on Refugees and Internally Displaced Persons (updated)
16. Resolution on the Right to Food
17. Resolution on the Situation of Human Rights Defenders in North African countries
18. Resolution on State Recognition of HIV/AIDS as a Threat against Humanity

Thematic Recommendations - NGO/TRec/0000-0508
1. Recommendation on the Prevention and Prohibition of Torture in Africa
2. Recommendation on Women and Girls in Africa

Copies of these 18 resolutions and 2 recommendations in the original language the document was prepared (English or French) are hereby forwarded to the Secretariat of The African Commission for onward transmission to the Commissioners while attempts will be made to read them under the relevant agenda item by representatives of the various Special Interest Group. Furthermore, it will be circulated to interested parties and partners as outcomes of the Forum. A full report will follow.

The Forum wishes to call the attention of the Commission to the other thematic and country recommendations and resolutions from other Forums and hopes that it will receive feedback as to their status. A list could be provided should the need arise.

Thank you.

ACDHRS
On behalf of NGO Forum Steering Committee
Ezulwini, kingdom of Swaziland

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