RESOLUTION ON THE RATIFICATION OF THE CONVENTION ON ANTI-PERSONNEL MINES

The African Commission on Human and Peoples' Rights, meeting at its 24th Ordinary Session from 22 to 31 October 1998 in Banjul, The Gambia,

Taking Note of the various international and regional meetings ushering in the coming into force of the Ottawa Convention as September 1998, prohibiting the production, use, transfer and stockpiling of anti-personnel mines,

Emphasising that to date only five countries have ratified this Convention, and that more than 15 African Countries are yet to sign it,

Noting that the African continent remains the most heavily mined region of the world;

Observing that anti-personnel mines continue to kill and mutilate vast populations including a great number of women and children.

CALLS on African States to sign and ratify without delay the Ottawa Treaty on the prohibition, production, use, transfer, stockpiling of anti-personnel mines.

WELCOMES the International campaign against anti-personnel mines urged by the Human Rights activists and contribute to the implementation of the various action plans against the use, production, transfer and stockpiling of anti-personnel mines.

Banjul, 31st October 1998.

RESOLUTION ON THE RATIFICATION OF THE TREATY ON THE INTERNATIONAL CRIMINAL COURT

The African Commission on Human and Peoples' Rights, meeting at its 24th Ordinary Session from 22 to 31 October 1998 in Banjul, The Gambia,

Considering that the 67th ordinary session of the OAU Council of Ministers, meeting at Addis Ababa in February 1998, adopted the Dakar Declaration on an International Criminal Court;

Considering that the 34th Assembly of Heads of State and Government of the OAU, meeting at Ouagadougou in June 1998, also adopted the Dakar Declaration on an International Criminal Court;

Considering that around 43 States Members of the OAU participated in the Diplomatic Conference on the International Criminal Court (ICC) in Rome, June / July 1998, and that African countries supported the creation of a permanent, independent, impartial and effective ICC;

Considering that the statute of the ICC was adopted at Rome on 16 July 1998 by 120 states, of which more than 40 were African Countries;

Considering that 19 African states have signed the statute, demonstrating the will of African countries to create an effective ICC;

Considering the serious and troubling situation of human rights in Africa, especially in zones of armed conflict, and taking note of the universal consensus to end impunity for crimes which shock the conscience of humanity;

CALLS ON all States Parties to the African Charter on Human and Peoples' Rights to carry out all the appropriate constitutional procedures to sign and ratify the Rome treaty on the International Criminal Court; and

INVITES THEM to take all necessary legislative and administrative steps to bring national laws and policies into conformity with the statute.

Banjul, 31st October 1998.

RESOLUTION ON NIGERIA'S RETURN TO A DEMOCRATIC SYSTEM

The African Commission on Human and Peoples' Rights, meeting at its 24th Ordinary Session from 22 - 30 October 1998 in Banjul, The Gambia.

Considering paragraph two of the preamble to the African Commission on Human and Peoples' Rights which stipulates that "freedom, equality, justice and dignity are essential objectives for the achievement of the legitimate aspirations of the African peoples",

Recalling the firm conviction of the States Parties to the African Commission on Human and Peoples' Rights of their duty "…to promote and protect human and peoples' rights and freedoms, taking into account the importance traditionally attached to these rights and freedoms in Africa";

Notes with satisfaction the positive evolution in the field of human rights, the promises and democratic advances made by the Nigerian Government since the end of June 1998;

WELCOMES the release of the Ogoni prisoners and other detainees previously held in the Port Harcourt central prison and the gradual return to the country of numerous political exiles in favour of democratic transition in Nigeria;

EXHORTS the Government of Nigeria to persist in its efforts the course of democracy, respect for, and protection of human rights;

ASSURES the Government of its total support and readiness to help it in its task of rebuilding in Nigeria a democratic society which respects human rights.

Banjul, 31st October 1998.

RESOLUTION ON THE RATIFICATION OF THE ADDITIONAL PROTOCOL ON THE CREATION OF THE AFRICAN COURT ON HUMAN AND PEOPLE'S RIGHT

The African Commission on Human and Peoples' Rights, meeting at its 24th Ordinary Session from 22 - 30 October 1998 in Banjul, The Gambia.

Recalling the adoption of the protocol by the 34th Ordinary Session of the Assembly of Heads of State and Government of the OAU, held from 8 - 10 June 1998, in Ouagadougou, Burkina Faso, and its signature by 32 African countries;

Considering that the protocol on the African Court has been ratified by only two States, out of the 53 States Parties to the African Charter;

Also considering the serious and troubling state of human rights in Africa, especially, in zones of conflict, and taking into account the need to guarantee and protect human rights by an effective, independent and impartial African Court, which would perfectly complement the mission of the African Commission;

APPEALS to the States Parties to the African Charter on Human and Peoples' Rights to activate the appropriate constitutional procedures in order for them to sign and ratify the protocol on the African Court of Human and Peoples' Rights within the shortest possible time.

Banjul, 31st October 1998.

RESOLUTION ON THE CO-OPERATION BETWEEN THE AFRICAN COMMISSION ON HUMAN AND PEOPLES' RIGHTS AND NGOs HAVING OBSERVER STATUS WITH THE COMMISSION

BACKGROUND

1. Article 45 of the African Charter on Human and Peoples' Rights maps out the mandate of the Commission as follows:

i) to promote human rights;
ii) to protect human rights;
iii) to interpret provisions of the African Charter;
iv) any other tasks that may be referred to the Commission by the OAU.

2. In the performance of its tasks and to enhance its efficiency, the Charter also makes provision for the Commission to work with other partners in the field of human rights. Article 45 (1) (c) of the African Charter on Human and Peoples' Rights provides that the Commission shall co-operate with other African and International Institutions concerned with the promotion and protection of human and peoples' rights. In accordance with this article, the African Commission on Human and Peoples' Rights has since its inception granted observer status to 231 human rights NGOs.

3. The granting of this status enables the NGOs to participate directly in the Commission's activities. Rules 75 and 76 of the Rules of Procedure of the African Commission ensure this participation in the Commission's Sessions by requesting the Secretary to the Commission to inform all NGOs with observer status of the days and agenda of the forthcoming Session, at least four weeks before the Session. NGOs with observer status can then authorize their representatives to attend and participate in the public Sessions of the Commission and its subsidiary bodies. Participation can be in either written or oral forms.

4. Apart from participating in the sessions, all documents such as final communiqués of the session and other relevant documents have to be sent by the Secretariat to all NGOs with observer status.

5. Another benefit enjoyed by NGOs with observer status is the preparation of 'shadow' reports on the human rights situation in their countries. These 'shadow' reports enable the Commission to have a constructive dialogue with a State representatives when that country's periodic report is being considered.

6. During its 11th Ordinary Session held in Tunis, Tunisia, the Commission reiterated its desire to co-operate with NGOs in the promotion and protection of human and peoples' rights on the continent. In order to encourage and ensure reciprocal commitment on the part of its NGO partners, it was decided that all NGOs that have observer status with the Commission should submit their activity reports once every two (2) years from the date the said status was granted.

7. The Commission's readiness to co-operate with national, regional and international Human Rights NGOs is further emphasized, and its importance stressed in the Mauritius Plan of Action 1996 - 2001, which was adopted at the Commission's 20th Session. The said Plan proposes the creation of an exchange and communication network, especially with regards to NGOs operating in Africa, to establish an appropriate mechanism for promotional and protective activities in Africa. This network is intended to enhance co-operation amongst NGOs and the Commission concurrently.

8. The present status of submission of the activity reports of NGOs in compliance with the decision taken at the 11th Session of the Commission, indeed leaves much to be desired. Out of 231 NGOs that had been granted observer status by October 1998, 197 were expected to have submitted all due and overdue reports. Out of this number, only 26 have submitted all their reports up to date, 48 have submitted some of the reports and 114 have submitted none at all. This clearly shows the extent of the lack of commitment on the part of these NGOs.

9. It is also clear that the Commission continues granting observer status to NGOs, while it is not adequately informed by most of them about what work they are doing in the sphere of human rights or how they are helping to promote and/or protect human rights in Africa. The very essence of having NGOs as partners in creating a culture of recognition of and respect for human rights on the African continent is thereby betrayed.

10. Note must also be taken of the fact that some of these NGOs on occasion, have been found to use their granted status to raise funds which is sometimes totally misused, or is used for purposes other than the promotion and protection of human rights. The fear, therefore, that some of them may have either changed their mandate or shifted their focus to issues other than human rights becomes legitimate.

11. To address this situation, it is hereby recommended that the Commission revise its criteria for granting and enjoying observer status.

12. The Conference of the Heads of States and Governments of the Organization of Africa (OAU), as its Thirty-Fourth Ordinary Session [AHG/Dec. 126 (XXXIV) para. 3], requested the African Commission to review its criteria for granting and enjoying observer status to NGOs.

Therefore,

The African Commission on Human and Peoples' Rights, meeting at its 24th Ordinary Session from 22nd to 31st October 1998, in Banjul, The Gambia,

Recalling that the African Charter on Human and Peoples' Rights, which entered into force on 21 October 1986, mandates the African Commission on Human and Peoples' Rights under Article 45 (1)(c) to co-operate with other African national and international institutions concerned with the promotion and protection of human and peoples' rights;

Recalling further its decision taken during its Second Ordinary Session held in Dakar, Senegal, in February 1988, to grant observer status to NGOs working in the field of human rights in Africa;

Also recalling Rules 75 and 76 of the Commission's Rules of Procedure which further emphasise this co-operation;

Aware of the Mauritius Plan of Action which emphasises the importance of co-operation with NGOs,

Convinced that such co-operation will provide NGOs with the support and opportunity to work closely with the Commission, and recognising the invaluable role institutions such as NGOs can play in the enhancement of human rights in Africa;

Further convinced that for any meaningful co-operation to take place, there has to be commitment and reciprocity on the part of all parties;

Bearing in mind the decision taken at its 11th Ordinary Session requiring all NGOs having observer status to submit their activity reports to the Commission at least once every two years;

Convinced that the submission of activity reports by NGOs is a way of enhancing the protection of human rights, and the co-operation between the Commission and NGOs;

Firmly convinced that the said reports can be very invaluable not only to the Commission, but also to the ever increasing number of human rights workers around the world;

Considering the request of the Conference of Heads of State and Governments of the OAU to review the criteria for granting observer status to NGOs;

EXPRESSES its profound appreciation to those NGOs which have submitted their reports regularly;

NOTES WITH CONCERN the fact that the majority of NGOs whose reports are due have not done so, and have ceased communicating with the Commission;

DECIDES that representatives of NGOs that have applied for observer status should be present to be interviewed during the consideration of their application;

DECIDES ALSO to review, in conformity with the Decision AHG/Dec.126(XXXIV) by the Conference of the Heads of State and Government, the criteria for obtaining and enjoying observer status with the Commission;

INVITES NGOs which have observer status with the Commission but which have not yet submitted their overdue reports, to do so before the 27th Ordinary Session of the Commission.

DECIDES FINALLY to revoke observer status of any NGOs that do not submit any activity reports at the 27th Ordinary Session.

REQUESTS the Secretary to the Commission to submit a report on the implementation of this resolution at each Session.

Banjul, 31st October 1998.

RESOLUTION ON GRANTING OBSERVER STATUS TO NATIONAL HUMAN RIGHTS INSTITUTIONS IN AFRICA BACKGROUND

In the preamble of the African Charter on Human and Peoples' Rights adopted at the 18th Conference of Heads of State and Government in Nairobi in June 1981, Member States of the Organization of African Unity reaffirmed

"their adherence to the principles of human and peoples' rights and freedoms contained in the declarations, conventions and other instruments adopted by the Organization of African Unity, the Movement of Non-Aligned Countries and United Nations."

In the same preamble, African Countries pledged to "…coordinate and intensify their cooperation and efforts to achieve a better life for the peoples of Africa and to promote international cooperation having due regard to the Charter of the United Nations and the Universal Declaration of Human Rights."

With the aim of concretizing this commitment, Article 26 of the African Charter on Human and Peoples' Rights stipulates that :

"States Parties to the present Charter shall have the duty to guarantee the independence of the Courts and shall allow the establishment and improvement of appropriate national institutions entrusted with the promotion and protection of the rights and freedoms guaranteed by the present Charter."

The use of the word "allow" suggests not just encouraging and promoting the establishment of National Institutions but also developing a mutually cooperative relationship in order to "promote and ensure, through teaching, education and publication, respect for the rights and freedoms contained in the present charter …" (Article 25).

National Institutions, therefore, are an essential partner in the implementation of the Charter at National Level. It is noted that the Mauritius Plan of Action (1996-2001) envisage workshops on national institutions as one of its promotional activities. It also seeks the cooperation of national institutions in fulfilling its mandate of promoting and protecting human and peoples' rights.

Finally, the 2nd Seminar of Ambassadors of African States to the OAU held in Addis Ababa, 8th - 9th September 1998 recognized the importance of National Institutions and urged Governments to accord them appropriate support.

African States in general and the African Commission on Human and Peoples' Rights in particular took an active part in the deliberations of the World Conference on Human Rights which was held in Vienna in June 1993. The Vienna Conference's Declaration and Programme of Action reaffirmed :

"the important and constructive role played by national institutions for the promotion and protection of Human Rights, in particular in their advisory role to the competent authorities, their role at remedying human rights violations, in the dissemination of information and education in human rights."

The World Conference on Human Rights also encouraged:

"the establishment and strengthening of national institutions..." and recognized ".... that it is the right of each State to choose the framework which is best suited to its particular needs at the national level..."

At this Conference a formal status was granted to the International Committee for Coordination of National Institutions as a statutory liaison instrument of the United Nations system. This Committee shall organize a biennial world meeting of national institutions.

At the International level, the United Nations Human Rights Commission approved by its Resolution 1992/54 of the 3rd of March 1992 under the heading "Principles Relating to the Status of National Institutions", also known as the Paris Principles, rules which define the mandate of such institutions. The General Assembly of the United Nations endorsed these principles in its Resolution 48/144 of 20th of December 1993.

The objective of these principles is to guarantee the independence of national institutions in their work and pluralism in their composition. The central mission of the national institutions is to play an advisory role to the government, parliament and other relevant bodies and authorities involved in giving opinion and making recommendations on all issues related to the promotion and protection of human rights.

In Africa, the trend to establish national institutions has continued to develop especially after 1991. At present Africa has more than twenty (20) national human rights institutions which are represented in the International Coordination Committee by Cameroon, Morocco, South Africa and Togo.

At the first conference of national human rights institutions in Africa held in Yaounde, Cameroon, from 5th to 7th February 1996 participants adopted the Yaounde Declaration which commended "…the creation of new National Institutions in Africa…" and expressed the hope that these institutions will be given ".... a proper representative status on the African Commission." At the 2nd Conference of African National Institutions held in Durban, 1st - 3rd July 1998, the need for a clear relationship and a unique status in the African Commission were reiterated.

Since the Mauritius session, the issue of African national human rights institutions has always been included on the agenda of meetings of the Commission. A paper on this subject was presented by Commissioner K. Rezag-Bara at the 21st Ordinary Session of the Commission held in Nouakchott, Mauritania in April 1997. The Commission decided at its 22nd Session held in Banjul in November 1997 to entrust Commissioners K. Rezag-Bara and N. Barney Pityana with the task of preparing a draft resolution on the advisory status of national institutions in the African Commission on Human and Peoples' Rights. The matter was deferred for finalization at this session.

Therefore,

The African Commission on Human and Peoples' Rights, meeting at its 24th Ordinary Session from 22nd to 31st October 1998, in Banjul, The Gambia,

Considering the preamble of the African Charter on Human and Peoples' Rights which reaffirms the adherence of African States to "human and peoples' rights and freedoms contained in the declarations, conventions and other instruments adopted by the organization of African Unity, the Movement of Non-Aligned countries and the United Nations";

Considering that Article 26 of the African Charter on Human and Peoples' Rights stipulates that "States Parties to the present Charter shall have the duty to ... allow the establishment and the improvement of appropriate national institutions entrusted with the promotion and protection of rights";

Considering the recommendation adopted in the Programme of Action of the World Conference on Human Rights held in Vienna, Austria in June 1993 and United Nations resolutions on human rights, particularly resolution 1992/54 of 3rd March 1992 of the Commission Human Rights and resolution 48/134 of 20th of December 1993 of the United Nations General Assembly;

Considering the decisions, resolutions, recommendations and the final declaration adopted by the first conference of national human rights institutions in Africa held in Yaounde, Cameroon from 5th to 7th February 1996 and the 2nd Conference held in Durban, South Africa on 1st - 3rd July 1998;

Convinced of the importance of the role of national institutions in the promotion and protection of human rights and in creating public awareness in Africa with regard to the institutional defense of human rights;

1. COMMENDS the increasing interests shown by African states in establishing and strengthening national institutions for the protection and promotion of human rights based on the principles of independence and pluralism.

2. RECOGNIZES that it is the right of each state to establish, according to its sovereign prerogatives and within the most appropriate legislative framework, a national institution charged with the promotion and protection of human rights according to internationally recognized norms.

3. NOTES WITH SATISFACTION the significant participation of African National Institutions in the deliberations of the sessions of the African Commission on Human and Peoples' Rights and registers positively the wish expressed by several institutions to be granted an observer status with the Commission.

4. DECIDES to grant special observer status to any African national institution established in Africa and functioning according to internationally recognized norms and standards.

(a) that the following criteria for the status of affiliated institution shall apply:

· the national institution should be duly established by law, constitution or by decree;
· that it shall be a national institution of a state party to the African Charter;
· that the national institution should conform to the Principles relating to the Status of National Institutions, also known as the Paris Principles, adopted by the General Assembly of the United Nations under Resolution 48/144 of 20th December 1993.
· that a National Institution shall formally apply for status in the African Commission.

(b) that such institutions shall have the following rights and responsibilities.

· be invited to sessions of the African Commission according to rule 6 of the Rules and Procedures,
· be represented in public sessions of the commission and its subsidiary bodies,
· participate, without voting rights, in deliberations on issues which are of interest to them and to submit proposals which may be put to the vote at the request of any member of the Commission.


(c) that any national institution shall be required to submit reports to the Commission every two years on its activities in the promotion and protection of the rights enshrined in the Charter and;

(d) that the National Institution will assist the Commission in the promotion and protection of human rights at national level.

Banjul, 31st October 1998

RESOLUTION ON THE PEACE PROCESS IN GUINEA BISSAU

The African Commission on Human and Peoples' Rights meeting at its 24th Ordinary Session in Banjul, The Gambia, from 22nd to 31st October 1998.

Concerned by the situation prevailing in Guinea Bissau and especially by the numerous violations of human rights resulting from the situation of war (conflict) in this country since June 1998,

Noting with satisfaction the favourable evolution of the conflict towards direct dialogue between the belligerents,

RECOGNIZES the efforts initiated by the Economic Community of West African States (ECOWAS) and the Portuguese speaking countries community (PSCC) in order to find a peaceful settlement of the Guinea Bissau conflict,

COMMENDS the continuation of negotiations between parties to the conflict and pays tribute to H.E. Colonel (Rtd) Yahya Jammeh, President of the Republic of the Gambia for his mediation,

EXPRESSES ITS SUPPORT to the ongoing peace process and calls on parties to the conflict and Member States of the ECOWAS and PSCC to take necessary measures to ensure restoration of peace in Guinea Bissau.

Banjul, 31st October 1998

RESOLUTION ON THE CRITERIA FOR GRANTING AND ENJOYING OBSERVER STATUS TO NON-GOVERNMENTAL ORGANISATIONS WORKING IN THE FIELD OF HUMAN RIGHTS WITH THE AFRICAN COMMISSION ON HUMAN AND PEOPLES' RIGHTS

The African Commission on Human and Peoples' Rights, meeting in its 25th Ordinary Session, held in Bujumbura, Burundi, from 26 April - 5 May 1999.

Considering the provisions of article 45 of the African Charter on Human and Peoples' Rights, which establishes the competence and determines the mandate of the Commission;
Considering the Grand Baie (Mauritius) declaration and plan of action, adopted at the 1st African Ministerial Conference on Human Rights (12-16 April 1999), which "recognises the contribution made by African NGOs to the promotion and protection of human rights in Africa …";
Considering the provisions of Chapter XIII (Articles 75 and 76) of the Rules of Procedure of the Commission regarding representation of, and consultation with NGOs by the African Commission on Human and Peoples' Rights;
Considering that since its establishment in October 1987, 231 African and international non-governmental organisations have been granted observer status with the African Commission on Human and Peoples' Rights;
Considering the Decision AHG/dec.126(XXXIV) of the Assembly of Heads of State and Government which requests the African Commission on Human and Peoples' Rights to "undertake a review of the criteria for observer status with the Commission, with a view to enhanced efficiency and co-operation, and to suspend the granting of the said status until the adoption of the new criteria …";
Convinced of the need to strengthen its co-operation and partnership with NGOs working the field of human rights;
ADOPTS the new criteria for granting and enjoying observer status, the text of which is annexed to the present resolution;
DECIDES that the new criteria shall immediately enter into force;
REQUESTS the Secretary to the Commission to report at every Ordinary Session on the implementation of the present resolution.

ANNEX - CRITERIA FOR THE GRANTING OF AND FOR MAINTAINING OBSERVER STATUS WITH THE AFRICAN COMMISSION ON HUMAN AND PEOPLES' RIGHTS

Chapter I

1. All Non-Governmental Organisations applying for observer status with the African Commission on Human and Peoples' Rights shall be expected to submit a documented application to the Secretariat of the Commission, with a view to showing their willingness and capability work for the realisation of the objectives of the African Charter on Human and Peoples' Rights.
2. All organisations applying for observer status with the African Commission shall consequently:

(a) Have objectives and activities in consonance with the fundamental principles and objectives enunciated in the OAU Charter and in the African Charter on Human and Peoples' Rights;
(b) Be organisations working in the field of human rights;
(c) Declare their financial resources.

3. To this effect, such an Organisation shall be requested to provide:

(a) A written application addressed to the Secretariat stating its intentions, at least three months prior to the Ordinary Session of the Commission which shall decide on the application, in order to give the Secretariat sufficient time in which to process the said application;

(b) Its statutes, proof of its legal existence, a list of its members, its constituent organs, its sources of funding, its last financial statement, as well as a statement on its activities.

4. The statement of activities shall cover the past and present activities of the Organisation, its plan of action and any other information that may help to determine the identity of the organisation, its purpose and objectives, as well as its field of activities.

5. No application for Observer Status shall be put forward for examination by the Commission without having been previously processed by the Secretariat.

6. The Commission's Bureau shall designate a rapporteur to examine the dossiers. The Commission's decision shall be notified without delay to the applicant NGO.

Chapter II: PARTICIPATION OF OBSERVERS IN PROCEEDINGS OF THE AFRICAN COMMISSION

1. a) All observers shall be invited to be present at the opening and closing sessions of all Sessions of the African Commission.
b) An observer accredited by the Commission shall not participate in its proceedings in any manner other than as provided for in the Rules of Procedure governing the conduct of sessions of the African Commission.
2. All observers shall have access to the documents of the Commission subject to the condition that such documents:
a) shall not be of a confidential nature;
b) deal with issues that are of relevance to their interests.
The distribution of general information documents of the African Commission shall be free of charge; the distribution of specialised documents shall be on a paid-for basis, except where reciprocal arrangements are in place.
3. Observers may be invited specially to be present at closed sessions dealing with issues of particular interest to them.
4. Observers may be authorised by the Chairman of the African Commission to make a statement on an issue that concerns them, subject to the text of the statement having been provided, with sufficient lead-time, to the Chairman of the Commission through the Secretary to the Commission.
5. The Chairman of the Commission may give the floor to observers to respond to questions directed at them by participants.
6. Observers may request to have issues of a particular interest to them included in the provisional agenda of the African Commission, in accordance with the provisions of the Rules of Procedure.

Chapter III: RELATIONS BETWEEN THE AFRICAN COMMISSION AND OBSERVERS

1. Organisations enjoying observer status shall undertake to establish close relations of co-operation with the African Commission and to engage in regular consultations with it on all matters of common interest.
2. NGOs enjoying observer status shall present their activity reports to the Commission every two years.
3. Administrative arrangements shall be made, whenever necessary, to determine the modalities of this co-operation.
Chapter IV: FINAL PROVISIONS
1. The provisions of the General Convention on the privileges and immunities of the OAU and those of the Headquarters Agreement of the African Commission shall not apply to observers except as regards the granting of visas.
2. The Commission reserves the right to take the following measures against NGOs that are in default of their obligations:

· non-participation in sessions;
· denial of documents and information;
· denial of the opportunity to propose items to be included in the Commission's agenda and of participating in its proceedings.
3. Observer status may be suspended or withdrawn from any organisation that does not fulfil the present criteria, after deliberation by the Commission.

Bujumbura, 5 May 1999.

RESOLUTION ON THE SITUATION IN COMOROS

The African Commission on Human and Peoples' Rights, meeting in its 25th Ordinary Session, in Bujumbura, Burundi, from 26 April - 5 May 1999;

Recalling the military coup d'état which took place on 30 April 1999 in Comoros, which resulted in the overthrow of the Government of the interim President, Mr. TADJEDDINE BENSAID by the Army Chief of Staff, Colonel AZALI ASSOUMANE;

Recalling its resolution on military regimes in Africa, adopted at its 16th Ordinary Session, held in Banjul (The Gambia), from 25 October - 3 November 1994;

Noting that the Declaration and Plan of Action of Grand Baie (Mauritius), adopted by the First Ministerial Conference on Human Rights in Africa (12 - 16 April 1999) recognises that the causes of human rights violations in Africa include unconstitutional changes of government;

Reaffirming the fundamental principle that for a government to be legitimate it must be freely chosen by the people and through democratically elected representatives;

Recognising that the take-over of power by force is contrary to the provisions of articles 13(1) and 20(1) of the African Charter on Human and People's Rights and that accession to power by military regimes through coups d'état constitutes an intolerable infraction of the democratic principles of the rule of law;

DECLARES that the military coup d'état in Comoros is a grave and unacceptable violation of the rights of the Comorian People to freely choose their government;

CALLS ON the de facto military authorities in this country to ensure that:

1) The fundamental rights and freedoms contained in the constitutional provisions of Comoros are given pre-eminence over any other form of legislation that may emanate from the authorities in place.

2) The independence of the judicial power, especially as regards its mission to guarantee inalienable human rights, is respected.

3) The reinstatement of democratically instituted civilian rule is initiated without delay.

Bujumbura, 5th May 1999

RESOLUTION ON THE SITUATION IN NIGER

The African Commission on Human and Peoples' Rights, meeting in its 25th Ordinary Session, in Bujumbura (BURUNDI), from 26 April - 5 may 1999;

Recalling the military coup d'état which took place on 9 April 1999 in Niger, which during of President IBRAHIM MAINASSARA BARE was assassinated and his Government overthrown by the Presidential Guard under the Command of Colonel WANKE;

Recalling its resolution on military regimes in Africa, adopted at its 16th Ordinary Session, held in Banjul (The Gambia), from 25 October - 3 November 1994;

Noting that the Declaration and Plan of Action of Grand Baie (Mauritius), adopted by the First Ministerial Conference on Human Rights in Africa (12 - 16 April 1999) recognises that the causes of human rights violations in Africa include unconstitutional changes of government;

Reaffirming the fundamental principle that for a government to be legitimate it must be freely chosen by the people and through democratically elected representatives;

Recognising that the take-over of power by force is contrary to the provisions of articles 13(1) and 20(1) of the African Charter on Human and People's Rights and that accession to power by military regimes through coups d'état constitutes an intolerable infraction of the democratic principles of the rule of law;

DECLARES that the military coup d'état in Niger is a grave and unacceptable violation of the rights of the Nigerien People to freely choose their government;

CALLS ON the de facto military authorities in this country to ensure that:

1) The fundamental rights and freedoms contained in the constitutional provisions of NIGER are given pre-eminence over any other form of legislation that may emanate from the authorities in place.

2) The independence of the judicial power, especially as regards its mission to guarantee inalienable human rights, is respected.

3) The reinstatement of democratically instituted civilian rule is initiated without delay.

Bujumbura, 5th May 1999

RESOLUTION ON THE RATIFICATION OF THE AFRICAN CHARTER ON THE RIGHTS AND WELFARE OF THE CHILD

The African Commission on Human and Peoples' Rights, meeting in its 25th Ordinary Session, in Bujumbura, Burundi, from 26 April - 5 May 1999;

Taking note that the persistence of situations of war, famine and underdevelopment bring about particularly negative consequences for the African child population, especially their physical, intellectual and psychological development;

Considering that one of the consequences of this situation is manifested all over the continent, with thousands of displaced, refugee, handicapped, orphaned children, living in conditions of malnutrition, sickness, even misery, are obliged to do illegal labour, prostitution and delinquency, without any prospects;

Convinced that the promotion and defence of the rights of the child is the only way of safeguarding the future of the African continent;

Considering that the African Charter on the Rights and Welfare of the Child constitutes a prime legal framework towards this end, and that, consequently, its entry into force is urgent;

INSTANTLY CALLS ON all States Parties to the African Charter on Human and Peoples' Rights that are yet to do so to ratify the said Charter, to allow its entry into force without further delay.

Bujumbura, 5 May 1999

RESOLUTION ON THE EXTENSION OF THE MANDATE OF THE SPECIAL RAPPORTEUR ON PRISONS AND CONDITIONS OF DETENTION IN AFRICA

The African Commission on Human and Peoples' Rights, meeting in its 25th Ordinary Session, in Bujumbura, Burundi, from 26 April - 5 May 1999,

Recalling its decision to designate Professor E.V.O. Dankwa to the post of Special Rapporteur on prisons and conditions of detention in Africa, taken at its 20th Ordinary Session;

Considering that the mandate of the Special Rapporteur is of two years' duration, subject to renewal;

Considering further that the initial term of two years of the Special Rapporteur comes to an end with the 24th Ordinary Session;

Emphasising the importance of the work of the Special Rapporteur as regards the search for solutions to the problems arising from the restriction of the freedom of the individual, in particular;

DECIDES TO EXTEND the mandate of the Special Rapporteur on prisons and conditions of detention in Africa for a period of two years, with effect from 31 October 1998.

Bujumbura, 5th May 1999

RESOLUTION ON THE DESIGNATION OF A SPECIAL RAPPORTEUR ON THE RIGHTS OF WOMEN IN AFRICA

The African Commission on Human and Peoples' Rights, meeting in its 25th Ordinary Session, in Bujumbura, Burundi, 26 April - 5 May 1999,

Recalling the United Nations Convention on the Elimination of all Forms of Discrimination against Women;

Recalling further the provisions of article 18.3 of the African Charter on Human and Peoples' Rights;

Referring to the provisions of article 45.1(a) of the African Charter on Human and Peoples' Rights;

Recognising the need to place particular emphasis on the problems and rights specific to women in Africa;

Recalling further the decision taken by the Commission at its 23rd Ordinary Session, held in Banjul (The Gambia) to designate Mrs. Julienne Ondziel-Gnelenga to the post of Special Rapporteur on the Rights of Women in Africa;

DESIGNATES Mrs.Julienne Ondziel-Gnelenga to the post of Special Rapporteur on the Rights of Women in Africa for a period of two years, subject to renewal, with effect from 31st October 1998.

Bujumbura, 5th May 1999

Resolution concerning the Republic of Seychelles refusal to present its initial report

The African Commission on Human and Peoples' Rights, meeting in its 25th Ordinary Session, in Bujumbura, Burundi, 26 April - 5 May 1999,

Considering that, in accordance with article 62 of the Charter, the Republic of Seychelles has been summoned, at several occasions, to present at its 17th session, its initial report submitted on September 1994;

Considering that the Republic of Seychelles, despite repeated demands made to its Government, has refused, on several occasions, to abide by the Commission's request, under the pretext that the resources to implement such an obligation were not provided by the State;

Considering that such a persistent behaviour represents a deliberate violation of the Charter to which the Republic of Seychelles is party;

Considering that the Commission, at its 25th ordinary session in Bujumbura, Burundi, firmly condemned this unspeakable behaviour on behalf of an OAU Member State, party to the Charter;

INVITES the Heads of State and Government Conference to be held in Algiers, in July 1999, to express their disapproval of such a persistent refusal that amounts to a deliberate violation of the Charter by the Republic of Seychelles

REQUESTS the Conference to invite Seychelles to abide by the Charter and to consider the appropriate measures to be taken against the Republic of Seychelles.

Bujumbura, 5th May, 1999.