Seventh Activity Report of the African Commission on Human and Peoples' Rights, 1993-1994, Thirtieth Ordinary Session, 13th-15th June, 1994 Tunis, Tunisia


Chapter I Organization of Work

1. The Sixth Report was noted by the Twenty-ninth Session of the Assembly of Heads of State and Government of the OAU in its Resolution AHG/Res. 227 (XXIX). The present report, the seventh, covers the 14th and 15th Ordinary Sessions held in Addis Ababa, Ethiopia, from 1 to 10 December 1993 and in Banjul, The Gambia, from 18 to 27 April 194 respectively.

2. By the 15th Session OF the Commission all the members c~ the OAU, with the exception of Ethiopia, Swaziland and Eritrea, had ratified the African Charter on Human and Peoples' Rights. The list of States and the dates for signature, ratification/adhesion and of deposit of documents are attached as Annex I.

The Commission held two ordinary session since the adoption of the Sixth Activity Report:

The Agenda of these Sessions is contained in Annexes II and III.

(Messrs. Alioune Blondin Beye and Atsu Koffi AMEGA were absent with apologies.

6. Professor Isaac NGUm.2A and Dr. Mohammed Hatem 3EN S.L-EM were elected Chairman and Vice-Chairman respectively at the 14th Session.

On the 27th April 1994, the Commission considered and adopted its 7th Annual Report.

Chapter II Activities of the Commission

8. At its 14th Ordinary Session, the Commission considered the initial report submitted by Ghana under Article 62 of the Charter. It expressed its appreciation for the report and the presence of the representative of Ghana sent to present it ar.d have a dialogue with the Commission. The Commission acknowledge the readiness of Ghana to cooperate with the Commission in implementing the Charter.

9. The Commissioners asked questions after the presentation. These were answered by the representative who promised to submit further answers to some of the questions.

10. Under Article 62, each State undertakes to submit every two years a report on the legislative or other measures it is taking to give effect to the rights and freedoms guaranteed by the Charter. No State submitted a report at the 15th Session.

By the 15th Session, the following States had submitted their periodic reports: Libya, Rwanda, Tunisia (9th Session), Egypt and Tanzania (11th Session), The Gambia, Senegal, Zimbabwe (12th Session), Togo, Nigeria (13th Session), Benin, Ghana, Cape Verde and Mozambique (14th Session). It follows that 38 States are yet to submit their reports (Annex V).

11. During the session, the Chairman informed the Commission of the response of the President of the Republic of Cote d'Ivoire to the message of condolence sent to him following the demise of His Excellency Houphouet Boigny, First President of the Republic of Cote d'Ivoire.

12. He briefed members of the Commission on the subvention from the Raoul Wallenberg Institute and how it is to be used, following the 2-year agreement signed between the Secretary to the Commission and the Raoul Wallerberg Institute Members of the Commission were also informed of how the fax machines donated by the Raoul Wallenberg Institute for their own official use were acquired. Only the running costs of the fax machine are to be borne by the Commissioners. After discussions held during the 15th Session, the representative of the Raoul Wallenberg Institute intimated that the Institute could bear part of the running costs of the fax machines on conditions that the latter have to lay down. Finally, the Chairman informed members of the Commission of the expenses already incurred from the subvention granted by the Raoul Wallenberg Institute.

13. The Chairman reported on the progress of the discussions with Interights of London which has already received the sum of 75,000 EUS from the Commission of the European Communities for, among other things, assistance to the Commission. Interights was requested to account for the use of this amount before offering any other services to the Commission.

14. The Chairman recalled the guidelines that members of the Commission could use in preparing periodic reports. He recommended that NGOs be involved in the exercise and emphasis was placed on:

15. To ensure a certain degree of transparency in the Commission's management, the Chairman requested members to copy correspondence dealing with Commission-related issues to the Secretary and Chairman respectively.

16. In concluding his report, the Chairman informed the Commission of his contacts with officials of UNESCO and CA.

17. During the inter-session period the members of the Commission visited and/or carried out promotional activities in the following countries: Egypt, Tunisia, Togo, Senegal, Ghana, Cape Werde, Nigeria, Tanzania, Guinea-Bissau, Uganda, Gabon, The Gambia, Zaire, Chad, Zimbabwe, Swaziland and Lesotho.

The allocation of countries to respective Commissioners for the suppose of promotional activities is as shown in Annex VI.

18. During the inter-session, the following seminars were organized and held:

1. Seminars on State Reporting for the English Speaking Countries. The Seminar was organized in collaboration with the Raoul Wallenberg Institute and held in Harare, Zimbabwe, from 23-27 August 1993.

2. Seminar on African Refugees and Internally Displaced Persons. The Seminar was organized :n collaboration with the Southern Africa Centre ' or Research and Documentation and held in Harare, Zimbabwe, from 15 - 18 February 1994.

3. Workshops on NGO participation in the work of the African Commission. The workshop held in Addis Ababa, Ethiopia, from 28 to 30 November, 1993 was organized by the International Commission of Jurists in collaboration with the African Commission on Human and Peoples' Rights. The sixth one held is Banjul, The Gambia, from 15 to 17 April, 1994 was organized by the International Commission of Jurists with the collaboration of the Commission and the African Centre for Democracy and Human Rights Studies.

19. Commission agreed to organize and hold the following seminars:

21. The second edition of the ACHPA came out on 15 April 1994, thanks to the assistance of the African Society for International and Comparative Law. The members of the Commission are urged to make available to the Chairman of the Drafting Committee articles and other contributions for the next edition scheduled to be published in October-1994.

Administrative and Financial Matters

I. Subventions from the United Nations Centre for Human Rights

22. The Secretariat of the Commission received an initial transfer of 35,000 dollars as part of the subvention of 71,300 dollars earmarked for the following:

The participation of 4 members of the Commission in the Seminar on Refugees and Displaced Persons held in February 1994 at Harare was financed by this Project. Moreover, the Secretariat of the Commission has already secured the services of a Documentalist and a programme Officer within the framework of the Project.

23. Anticipated Subvention of 214,285 Dollars

Contacts are still under way with the United Nations Centre for the release of this sum.

II. Assistance from the Raoul Wallenbery Institute

24. The details relating to the financial assistance from Raoul Wallenberg Institute are stated in the attached document Annex VII.

III. Commission of the European Communities

25. The Secretariat of the Commission received a subvention of US$54,811.57 from the Commission of the European Communities.

D. Observers

26. In accordance with the provisions of Rules 76 and 77 of its Rules of Procedure, the Commission granted observer status to two NGOs. The Organizations which enjoy observer status are indicated in Annex VIII.


LIST OF COUNTRIES WHICH HAVE SIGNED, RATIFIED/ADHERED
TO THE AFRICAN CHARTER ON HUMAN AND PEOPLES' RIGHTS

TABLE I

No.  Country     Date of Signature  Date of Ratification  Date Deposited

1    Algeria        10/04/1986            01/03/87                     20/03/87

2    Angola                                      02/03/90                     09/10/90

3   Benin                                         20/01/86                      25/02/86

4  Botswana                                   17/07/86                      22/07/86

5  Burundi                                      28/07/89                      30/08/89

6  Burkina Faso 05/03/1984          06/07/84                      21/09/84

7  Cameroon      23/07/1987          20/06/89                     18/09/89

8  Cape Verde    31/03/1986          02/06/87                     06/08/87

9  Central African    Republic        26/04/86                     27/07/86

10 Chad             29/05/1986          09/10/86                     11/11/86

11 Comoros                                   01/06/86                     18/07/86

12 Congo           27/11/81              09/12/82                    17/01/83

13 Cote d'Ivoire                             06/01/92                    31/03/92

14 Djibouti        20/12/91               11/11/91                   20/12/91

15 Egypt           16/11/81               20/03/84                  03/04/84

16 Equatorial Guinea 18/08/80     07/04/86                  18/08/86

17 Eritrea

18 Ethiopia

19 Gabon         26/02/82               20/02/86                  26/06/86

20 Gambia       11/02/83              08/06/83                   13/06/83

21 Ghana                                    24/01/89                   01/03/89

TABLE 2

No.  Country     Date of Signature  Date of Ratification  Date Deposited

22   Guinee                    09/12/81                 16/02/82                   13/05/82

23   Guinea-Bissau       04/12/85                   06/03/86

24   Kenya                                                     23/01/92                 10/02/92

25   Lesotho                  07/03/84                  10/02/92                 27/02/92

26   Liberia                   31/01/83                  04/08/82                 29/12/82

27   Libya                     30/05/85                  19/07/86                 26/03/87

28 Madagascar                                           09/03/92                  19/03/92

29 Malawi                   23/02/90                  17/11/89                  23/02/90

30 Mali                       13/11/81                  21/12/81                   22/01/82

31 Mauritania            25/02/82                  14/06/86                   26/06/86

32 Mauritius               27/02/92                 19/06/92                   01/07/92

33 Mozambique                                         22/02/89                   07/03/90

34 Namibia                                                30/07/92                   16/09/92

35 Niger                    09/07/86                   15/07/86                   21/07/86

36 Nigeria                 31/08/82                   22/06/83                   22/07/83

37 Rwanda               11/11/81                    15/07/83                   22/07/83

38 Sahrawi Arab     10/04/86                    02/05/86                    23/05/86
    Democratic Republic

39 Sao Tome                                             23/05/86                    28/07/86
     & Principe

40 Senegal                23/09/81                   13/08/82                   25/10/82

TABLE 3.

No.  Country     Date of Signature  Date of Ratification  Date Deposited

41 Seychelles                                         13/04/92                       30/04/92

42 Sierra Leone       27/08/81               21/09/83                        27/01/84

43 Somalia              26/02/82               31/07/85                         20/03/86

44 Sudan                 03/09/82               18/02/86                         11/03/86

45 Swaziland

46 Togo                   26/02/82               05/11/82                         22/11/82

47 Tunisia                                            16/03/83                         22/04/83

48 Uganda             18/08/86               10/05/86                          27/05/86

49 Tanzania           31/05/82               18/02/84                          09/03/84

50 Zaire                 23/07/87               20/07/87                          28/07/87

51 Zambia             17/01/83               19/01/84                          02/02/84

52 Zimbabwe        20/02/86                30/05/86                         12/06/86

ADOPTED : by the Eighteenth Session of the Assembly of Heads of State and Government, June 1981.

REQUIRES: ratification or adherence of a simple majority of Member States, to come into force.

Entered into force on 21st day of October, 1986.

Registered - with the United Nations on 10.09/91, No. 26363.

E. Protective Activities

27. At its 14th and 15th Sessions, the Commission received 33 communications under Article 55 of the African Charter, that is communications from sources other than States. With regard to these communications, the Commission took measures in accordance with the provisions of the African Charter and the Commission Procedure. The Commission also followed up an old communications. The communications were examined in closed meetings.

28. In accordance with Article 59 of the African Charter, the details or above-mentioned communications are contained in Annex IX.


AGENDA OF THE FOURTEENTH ORDINARY SESSION

1. Opening Ceremony

2. Solemn declaration by the new elected members of the Commission.

3. Election of thne Chairman and the Vice-Chairman of the Commission.

4. Adoption of Agenda

5. Organization of Work:

6. Observers:

7. Consideration of Periodic Reports

8. Promotional Activities

9. Administrative and Financial Matters:

10. Protective Activities

11. Working methods of the Commission:

12. Report of the Activities of the OAU relevant to the Commission

13. Date, Venue and Draft Agenda of the Fifteenth Session

14. Any Other Business

15. Adoption of the Report of the Fourteenth Session

16. Final Communique and Closing Ceremony

AGENDA OF THE FIFTEENTH ORDINARY SESSION

1. Opening Ceremony

2. Adoption of the Agenda

3. Organization of Work

4. Observers:

5. Consideration of initial Report of Mozambique

6. Promotional activities

7. Protective activities

8. Administrative and Financial Matters

9. Methods of work OF the Commission

10. Activities of OAU relevant to the Commission

11. Dates, venue and draft agenda of the Sixteenth Session

12. Preparation of:

13. Adoption of the Report

14. Adoption of the Seventh Annual Report

15. Final Communique and Closing Ceremony

LIST AND ADDRESSES OF COMMISSIONERS OF
THE AFRICAN COMMISSION ON HUMAN AND PEOPLES' RIGHTS -

BANJUL, THE GAMBIA LISTE ET ADDRESSES DES MEMBRES DE LA COMMISSION AFRICAINE DES DROITS DE L'HOMME ET DES PEUPLES, BANJUL, GkS3IE

1. Mr. Isaac NGUEMLA Chairman
B.P. 962
LIBREVILLE/GABON

Tel. Office (241) 732420
Tel. Res. (241) 732027
Telex 5255 GO
Fax (241) 760993

2. Mr. Mohammed Hatem Ben SALEM 1, Vice-Chairman
1 Rue de Naplouse Vice-President
B.P. 219, Lamanouba - 2010 - TUMIS
TUNISIE

Tel. (216-1) 520270
Fax (216-1) 78 34 61

3. Mr. Atsu-Koffi AMEGA Member
B.P. 1262 Lome/Togo Member

Tel. (228) 21 33 96
Fax (228) 21 39 74
Telex 5239

4. Mr. Alioune Blondin BEYE Member
UB5AVEM II
Vila Espa
P.O. Box 5185, Central Post Office
Luanda, kngola

Tel. : (244.2) 341882/341824 (Ext.201/342) (1.212) 963 30 11 (Ext.201/342)
Fax : (244.2) 341882/341824 (Ext.309) (1.212)
Lusaka: Fax:(260-1) 26 07 66 (Direct) (260-1) 29 44 15 ( Centre de Conference)

5. Mr. Emmanuel Victor Oware DANKWA Member
Faculty of Law Member
University of Ghana
P.O. Box 73 Legon/Ghana

Fax : (233) 21 222 621

6. Mr. Sourahata Baboucar Semega JANNEH Member
15 Hagan Street Membre
P.O. Box 212
BANJUL/THE GAMBIA

Tel. Office : (220) 228174
Tel. Residence : (220) 495117
Telex : (996) 2216 GV (NOVOTEL)

7. Mr. Robert Bahesh KISANGA Member
Court of Appeal Membre
P.O. Box 9004
DAR-ES-SALAAM/TANZANIA

Tel. Office : (255-51) 27843/26011
Telex : (989) 41838 TZ

8. Mrs. Vera Valentina De Melo Duarte MARTINS Member
Supremo Tribunal de Justica Membre
C.P. 117
Praia/Cap Vert

Tel. : (238-61) 2137 (Residence)(238-61) 5809 (Bureau)
Fax : (238-61) 4519 (M.J.) PT

9. Mr. Youssoupha NDIAYE Member
President du Conseil Constitutionnel Membre
Ancien Musee Dynamique
Dakar, Senegal

Tel. Office : (01) 22 44 50
Tel. Residence : (01) 22 72 57
Fax : (01) 22 81 87
Telex : (906) 21776 MINAFET SG

10. Dr. Ibrahim Ali BADAWI EL SHEIKH Member
11 Khalil Ben Kalawoon Street Membre
El-Nozhah
Heliopolis
Cairo, Egypt

Tel. Office : (20-2) 575 8466/5758472
Tel. Residence : (20-2) 2425 387
Fax Off : (20-2) 5745303 or c/o Fax (20-2) 725571 (Home) 5747839/5747840

11. Prof. U. Oji UMOZURIKE Member
Faculty of Law Membre
University of Calabar
CALABAR/NIGERIA

Tel. Office : (234) 87224748/49 Ext. 9
Tel. Residence : 87220543
Telex : 65103 UNICAL, NG
Fax/Tel. : (234) 87220111/87220543

OR

c/o Liaison Officer
University of Calabar
LAGOS/NIGERIA

Tel. : (234-1) 835615

SECRETARY TO THE COMMISSION

Mr. Germain BARICAKO
P.O. Box 673
Banjul, The Gambia

Tel. : (220) 392962
Fax : (220) 390764
Telex : (996) 2346 - OAU BJL GV

In accordance with Article 62 of the Charter reports are due on the following dates:

No.  State Party  First Report  Second Report  Third Report

1 Algeria 20/06/89 1993 1991

2 Angola 09/01/92 1994 1996

3 Benin 21/10/88 1990 1992

4 Botswana 21/10/88 1990 1992

5 Burundi 30/11/91 1993 1995

6 Burkina Faso 21/10/88 1990 1992

7 Cameroon 18/12/91 1993 1995

8 Cape Verde 06/11/89 1991 1993

9 Central African Republic 21/10/88 1990 1992

10 Chad 11/02/89 1991 1993

11 Comoros 21/10/88 1990 1992

12 Congo 21/10/88 1990 1992

13 Cote d'Ivoire 01/07/94 1996 1998

14 Djibouti 20/03/93 1995 1997

15 Egypt 21/10/88 1990 1992

16 Equatorial Guinea 18/11/88 1990 1992

17 Eritrea - - -

18 Ethiopia - - -

19 Gabon 21/10/88 1990 1992

20 Gambia 21/10/88 1990 1992

No. State Party First Report Second Report Third Report

21 Ghana 01/06/91 1993 1995

22 Guinee 21/10/88 1990 1992

23 Guinea-Bissau 21/10/88 1990 1992

24 Kenya 10/05/94 1996 1998

25 Lesotho 27/05/94 1996 1998

26 Liberia 21/10/88 1990 1992

27 Libya 26/06/89 1991 1993

28 Madagascar 19/06/94 1996 1998

29 Malawi 23/05/92 1994 1996

30 Mali 21/10/88 1990 1992

31 Mauritania 21/10/88 1990 1992

32 Mauritius 07/10/92 1994 1996

33 Mozambique 07/06/92 1994 1996

DISTRIBUTION OF COUNTRIES BY MEMBERS OF THE COMMISSION FOR PROMOTIONAL WORK AS AT 10/12/193

1. Mr. Atsu-Koffi Ameca
Togo
Central African Republic
Burundi
Tchad
Gabon
Djibouti

2. Dr. Ibrahim A. Badawo El-Sheikh
Comoros
Seychelles
Mauritius
Madagascar
Egypt

3. Mr. Alioune Blondin Beye
Benin
Equatorial Guinea
Cote d'Ivoire
Mauritania

4. Mr. Emmanuel Victor Oware Dankwa
Ghana
Zimbabwe
Malawi

5. Mr. Sourahata Baboucer Semeca Janneh
Gambia
Liberia
Sierra Leone
Botswana
Namibia

6. Mr. Robert Habesh Kisanga
Ethiopia
Kenya
Somalia
Uganda
Tanzania
Zambia

7. Mrs. Vera V.D.M. Duarte Martins
Cape Verde
Mozambique
Angola
Guinea Bissau
Sao Tome & Principe

8. Mr. Youssoupha Ndiaye
Mali
Niger
Senegal
Republic of Guinea

9. Mr. Isaac Nguema
Zaire
Burkina Faso
Congo
Rwanda

10. Mr. Mohammed H. Ben Salem
Tunisia
Algeria
Libya
Sahrawi Arab Democratic Republic
Sudan
Eritrea

11. Professor U. Oji Umozurike
Nigeria
Cameroon
Lesotho
Swaziland

SUBVENTION FROM RAOUL WALLENBERG INSTITUTE

1. Promotional activities by the Commissioners

2. Printing of Rev Af Comm HPR SEK 100.000

3. Telefaces for Commissioners SEK 65.000

4. Emergency Missions SEK 185.000

1. 1/88 Frederick Korvah vs Liberia

Communication on the situation in Liberia including corruption, immorality, etc...

Final decision:

2/88 Iheanyichukwu a. Ihebereme vs USA Communication on unlawful imprisonment, police brutality,

Final Decision

3. 3/88 Centre for the Independence of Judges and Lawyers vs Yugoslavia

Communication on alleged deprivation of right to practice a profession.

Final Decision:

DECLARES the communication inadmissible".

4. 4/88 Coordinating Secretary of the Free Citizens Convention vs Ghana

Communication about arrest and desertion of persons.

"The African Commission on Human and Peoples' Rights, established under Article 30 of the African charter on Human and Peoples' Rights;

Meeting in its Fourth Ordinary Session held from 17 to 26 October 1988;

Considering that the communication is directed against a State non-party to the African Charter on :human and Peoples' Rights;

DECLARES the communication inadmissible"

5. 5/88 Prince J.N. Makoge vs USA

Communication on the activities of USA in Africa.

"The African Commission on Human and Peoples' rights, established under Article 30 or the African charter on Human and Peoples' Rights;

Meeting in its Fourth Ordinary session held ~rom 17 to 26 October 1988;

Considering that the communication is directed against a State non-party to the African Charter on Human and Peoples' Rights;

DECLARES the communication inadmissible".

6. 6/88 Dr. Kodji Kofi vs Ghana

Communication on arrest and detention without trial.

"The African Commission on Human and Peoples' Rights, established under Article 30 of the African Charter on Human and Peoples' Rights;

Meeting in its Fourth Ordinary Session held from 17 to 25 October 1988;

Considering that the communication is directed against a State non-party to the African Charter on Human and Peoples' Rights;

DECLARES the communication inadmissible.

7. 7/88 Committee for the defence or Political Prisoners vs Bahrain.

Communication on alleged, false imprisonment of persons and torture.

"The African Commission on Human and Peoples' Rights, established under Article 30 of the African Charter on Human and Peoples' Rights;

Meeting in its Fourth Ordinary Session held from 17 to 26 October, 19&8;

Considering that the communication is directed against a State non-party to the African Charter on Human and Peoples' Rights,

DECLARES the communication inadmissible.

8. 9/88 International Lawyers Committee or Family Reunification vs Ethiopia

Communication on alleged false imprisonment of persons and torture.

"The African Commission on Human and peoples' Rights, established under Article 30 of the African Charter on Human and Peoples Rights;

Meeting in its Fourth Ordinary Session held from 17 to 26 October, 1988;

Considering that the communication is directed against a State non-party to the African Charter on Human and Peoples' Rights;

DECLARES the communication inadmissible.

9. 10/88 Getachew Abebe vs Ethiopia

Communication on false imprisonment and deprivation of property.

"The African Commission on Human and peoples Rights, established under Article 30 of the African charter on Human and Peoples' Rights;

Meeting in its Fourth Ordinary Session held from 17-to 26 October 19&8;

Considering that the communication is directed against a state non-party to the African Charter on Human and Peoples' Rights;

DECLARES the communication inadmissible.

10. 11/8 Henry Kalenga vs Zambia

A communication on false imprisonment.

The author was released after a member of the African Commission on Human and Peoples' Rights effected an amicable settlement.

The normal procedure for communications was discontinued and the file closed.

11. 12/88 Mohamed El-Nekheily vs CAU

Communication about wrongful dismissal, non-payment of salaries, etc...

`The African Commission on Human and Peoples' Rights;

Meeting in its Fourth Ordinary Session held from 17 to 26 October 1988;

Considering that the communication is directed against a non-party to the African Charter on Human and Peoples' Rights;

DECLARES the communication inadmissible"

12. 13/88 Hadjali Mohamad vs Algeria

Communication about slow judicial process but no specific breaches.

"The African Commission on Human and Peoples' Rights, established under Article 30 of the African Charter on Human and Peoples' Rights;

Considering that the communication does not state the complaints directed against the State concerned or/the human rights violations suffered by the author of the communication or the procedures engendered by these violations;

DECLARES the communication inadmissible".

13. 14/88 Dr. Abd Eldayem A.E. Sanussi vs Ethiopia

Communication about wrongful detention.

"The African Commission on Human and Peoples' Rights, established under Article 30 of the African Charter on Human and Peoples' Rights;

Meeting in its Fourth Ordinary Session held from 17 to 26 October 1988;

Considering that the communication is directed against a state non-party to the African Charter on Human and Peoples' Rights;

DECLARES the communication lnadmissible.

14. 15/88 Mpaka-Nsusu Andre Alphonse vs Zaire

Communication on false imprisonment.

"The African Commission on Human and Peoples' Rights;

Considering that the communication has already been referred for consideration to the Human Rights Committee established under the International Covenant on Civil and Political Rights;

DECLARES the communication inadmissible".

15. 16/88 Comite Cultural pour la Democratic au Benin vs Benin

17/88 Badjogoume Hilaire vs Benin

18/88 E1 :Hadj Boubacar Diaware vs Benin

Communications about false imprisonments.

"The African Commission on Human and Peoples' Rights established under Article 30 of the African Charter on Human and Peoples' Rights;

Meeting at its Fifteenth Ordinary Session held in Daniul, The Gambia, from 18 to 27 April- -1394;

Considering that, at its Fifth Ordinary Session held in Benghazi (Libya), in April 1989, the Commission decided to link the 3 petitions registered under Nos. 16/88, 17/88 and 18/88 at the Secretariat due to their inter-relation;

Considering that the 3 petitions were brought to .he knowledge of the parties concerned on 14 March, 1990, 17 November 190, 16 November 1992, 12 August, 1993 and 20 January 1994;

Considering that during this same session, the Commission declared the 3 petitions admissible, in application of articles 56 and 57 of the Charter and Rules 114 and 117 of the Rules of Procedure;

Considering that by letter dated 18/3/1994 the state of Benin acknowledged receipt of all the notification informed the Commission of the dispatch of the requisite documents and information;

Considering moreover that it was a result of a letter from Mr. Diaware to the Commission dated 12 April, 1994 that the political and judicial authorities took into consideration the requests of Mr. Diaware by referring the matter to the examining magistrate and the President of the Republic of Benin;

Considering that prior to any substantive consideration, the communications must be referred to the Sixteenth Session of the Commission pursuant to Rule 115 of the Rules of Procedure;

DECIDES to refer the matter to the Sixteenth Session l~or decision on the admissibility of the communication.

16. 19/88 International P-N vs Malawi, Ethiopia, Cameroon, Kenya

Communication on wrongful imprisonment.

"The African Commission on Human and Peoples' Rights, established under Article 30 of the African Charter on Human and Peoples' Rights;

Meeting in its Sixth Ordinary Session held from 23 October to 4 November 1989;

Considering that the communication is directed against States non-parties to the African Charter on Human and Peoples' Rights;

DECLARES the communication inadmissible".

17. 20/88 Austrian Committee Against Torture vs Morocco

Communication about wrongful arrests and false imprisonment.

"The African Commission on Human and Peoples' Rights, established under Article 30 of the A~rican Charter on Human and Peoples' Rights;

Meeting in its Sixth Ordinary Session held from 23 October to 4 November 1989;

Considering that the communication is directed against a state non-party to the African charter on Human and Peoples' Rights;

DECLARES the communication inadmissible".

18. 21/88 Centre Haitien des Liberties Publiques vs Ethiopia

Communication on extra-judicial executions.

"The African Commission on Human and Peoples' Rights, established under Article 30 of the African Charter on Human and Peoples' Rights;

Meeting at its Sixth Ordinary Session held in Banjul, The Gambia, from 23 October to 4 November 1989;

Considering that the communication is directed against a State non-party to the African Charter on Human and Peoples' Rights

DECIDES the communication inadmissible.

19. 22/88 International PEN vs Burkina Faso

Communication on alleged wrongful detention.

"The African Commission on Human and peoples' Rights, established under Article 30 of the African Charter on Human and Peoples' Rights;

Meeting at its Fifteenth Ordinary Session held in Banjul, The Gambia, from 18 to 27 April, l994;

Considering that Mr. Ernest N. Ouedraogo has been released on 4 August 1989;

DECIDES that the file be closed".

20. 24/89 Union Nationale de Liberation de Cabinda vs Angola

Communication on alleged denial of self-determination.

"The African Commission on Human and Peoples' Rights, established under Article 30 of the African Charter on Human and Peoples' Rights;

Meeting at its Fifth Ordinary Session from 3 to 14 April 1989;

Considering that the communication is directed against a State non-party to the African Charter on Human and Peoples' Rights;

DECLARES the communication inadmissible".

21. 26/89 Austrian Committee Against Torture vs Burundi

Communication about mass arrests, detention, torture,

"The African Commission on Human and Peoples' Rights, established under Article 30 of the African Charter on Human and Peoples' Rights;

Meeting at its Sixth Ordinary Session held in Banjul, The Gambia, from 23 October to 4 November 1989;

Considering that the communication is directed against a State non-party to the African Charter on Human and Peoples' Rights;

DECLARES the communication inadmissible".

22. 28/89 Association Internationale des Juristes Democrates vs Ethiopia

Communication on alleged false imprisonment, destruction of property, etc...

"The African Commission on Human and Peoples' Rights, established under Article 30 of the African Charter on Human and Peoples' Rights;

Meeting at its Sixth Ordinary Session from 23 October to 4 November 1989;

Considering that the communication is directed again,st a State non-party to the African Charter on Human and Peoples' Rights;

DECLARES the communication inadmissible".

23. 29/89 Commission Francaise Justice et Raix vs Ethiopia

Communication on denial of the right to life.

"The African Commission on human and Peoples' Rights established under Article 30 of the African Charter on Human and Peoples' Rights;

Meeting at its Sixth Ordinary Session from 23 October to 4 November 1989;

Considering that the communication is directed against a State non-party to the African Charter on Human and Peoples' Rights;

DECLARES the communication inadmissible".

24. 33/89 Simon B. Ntaka vs Lesotho

Communication on infringement of the right to free movement.

"The African Commission on Human and Peoples' Rights, established under Article 30 of the African Charter on Human and Peoples' Rights;

Meeting at its Fourth Ordinary Session from 17 to 26 October 1988;

Considering that the communication is directed against a state non-party to the African Charter on Human and Peoples' Rights;

DECLARES the communication inadmissible"

25. 35/89 Seyoum Ayele vs Togo

Communication on alleged deprivation of nationality:

DECISION:

The author complains that an alleged victim was impliedly denied his nationality by the action of his own State.

The Commission decided that the allegation was vague and inadmissible under Article 56 of the Charter

26. 37/90 Georges Eugene vs USA, Haiti

Alleged ill-treatment by USA and Haiti.

"The African Commission on Human and Peoples' Rights;

Meeting at its Seventh Ordinary session from 18 to 28 April 1990 in Banjul (The Gambia);

Has taken the following decision:

At its Fifth sitting held on Wednesday 25 April 1990;

Considering that the communication is directed against States non parties to the African Charter;

DECLARES the communication inadmissible".

27. 38/90 Wesley Parish vs Indonesia

Alleged illegalities committed by Indonesia

"The African Commission on Human and Peoples' Rights, established under Article 30 of the African Charter on Human and Peoples' Rights;

Meeting in its Seventh Ordinary Session held from.18 to 28 April 1990,

Considering that the communication is directed against State non-party to the African Charter on Human and Peoples' Rights;

DECLARES the communication inadmissible.

28. 41/90 Padre Houver vs Morocco

Communication challenged political imprisonment and other wrong doing.

"The African Commission on Human and peoples' Rights;

Meeting at its Seventh Ordinary Session held ~rom 18 to 28 April, 1990 in Banjul (The Gambia);

Has taken the following decision:

At its Fifth sitting held on Wednesday 25 April 1990;

Considering that the communication is directed against a State non-party to the African Charter

DECLARES the communication inadmissible".

29. 42/90 International PEN vs Malawi

Communication on alleged false imprisonment.

"The African Commission on Human and Peoples' Rights, established under Article 30 of the African Charter on Human and Peoples' Rights;

Meeting at its Seventh Ordinary Session held in Banjul, The Gambia, from 18 to 28 April 1990;

Has taken the following decision:

At its Fifth sitting held on Wednesday 25 April, 1990;

Considering that the communication is directed against a State non-party to the African Charter on Human and Peoples' Rights;

DECLARES the communication inadmissible".

30. 43/9O Union des Scolaires Nigerians - Union Generale des Etudiants Nigerians au Benin vs Niger

Communication on alleged denial of right to life, etc...

"The African Commission on Human and peoples' Rights, established under Article 30 of the African Charter on Human and Peoples Rights;

Meeting at its Fifteenth Ordinary Session held in Banjul, The Gambia, from 18 to 27 April 1994:

By petition dated 14/2/90 registered at the Secretarial of the Commission under No. 43/90, the Union des Scolaires Nigerians and Union Generale des Etudiants Nigerians au Benin wrote to the commission to denounce human rights violations allegedly committed by the State of Niger during the events of 09/02/90 in this country, pursuant to to the provisions of Article 55 of the Charter;

Considering that the communication has been brought to the knowledge of the State of Niger vide letters of 6/11/90 and 12/08/93, pursuant to Article 57 of the Charter;

Considering that since the matter was referred to the Commission, no additional information has been received by the Secretariat, in spite of several reminders;

Considering that the 4 month deadline given to the parties at the Fourteenth Session of the Commission held in Addis Ababa, Ethiopia, in December 1993, has expired;

Considering that none of the conditions relating to form, time-limit or procedure laid down under Article 56 of the Charter and Rule 114 of the Rules of Procedure has been complied with;

Considering that the communication is therefore inadmissible

DECIDES to declare the communication or the Union des Scolaires Nigerians et l'Union des Etudiants Nigerians au Benin against the S.ate or Niger inadmissible pursuant to Article 55 o. the Charter and Rule 114 of the Rules of Procedure.

31. 45/90 Civil Liberties Organization vs Nigeria Communication on wrongful eviction of inhabitants.

Final decision:

"The Commission decides that local remedies have not been exhausted as required by Article 55 of the Charter and 114 of the Rules of Procedure and declares the communication inadmissible."

32. 53/90 Alberto T. Capitao vs Tanzania Communication on recovery of money.

Final decision:

"The Commission decides that local remedies have not been exhausted as required by articles 55 of the Charter and 114 of the Rules of Procedure and declares, communication inadmissible.

33. 55/91 International PEN vs Chad

Communication on false imprisonment.

Final decision:

"Following the withdrawal of the communication by t:-e

author, the Commission closes the case".

34. 57/91 Tanko Bariga vs Nigeria

Communication on demand of sums of money and other privileges. Final decision: The demand is incoherent and uncoordinated and inadmissible under Article ........... of the Africa, Charter on Human and Peoples' Rights.

35. 63/92 Congress for the second republic of Malawi vs

Malawi

A communication on the general political situation Malawi.

Final decision:

Information is noted and no further action is necessary, accordingly the matter is closed.

36. 66/92 Lawyers Committee for Human Rights vs Tanzania

Communication on false imprisonment. The complainant Mr. Seif Hamad having been granted bail and subsequently the charges against him having been struck out by the Court, there is nothing further s proceed with, and the matter is accordingly closed.

37. 67/91 Civil Liberties Organization.vs Nigeria

Final decision:

The Commission obtains information that the issue has been settled amicably and there is closes the file.

38. 64/92 Krishna Achuthan vs Malawi

68/92 Amnesty International vs Malawi

78/92 Amnesty International vs Malawi

Communication on wrongful deteritions and denial of rights.

Final decision:

The Commission finds that the state is in breach Articles 4, 5 and 7 of the African Charter on Human and Peoples' Rights and decides to refer the situation to the Assembly of Heads of State and Government under Article 58(1) of the Charter on Human and peoples' Rights.

39. 59/92 Amnesty International vs

Communication on wrongful detention and torture.

Final Decision:

"The African Commission on Human and Peoples' Rights, established under Article 30 of the African Charter on Human and Peoples' Rights;

Meeting at its 13th Ordinary Session, from 29 March to 7 April 1993 in Banjul, The Gambia;

Considering Articles 55 and 56 para. 7;

DECIDES to declare the communication of Amnesty International against the Republic of Tunisia inadmissible pursuant to the relevant provisions of Article 56 para. 7 which stipulate that the communications submitted within the framework of Part II, Chapter III of the African Charter on Human and Peoples'

Rights should necessarily "not deal with cases which have been settled in accordance with the principles of the Charter of the United Nations or the Charter of the Organization of African Unity or the provisions of the present Charter:.

40. 72/92 Bamidele Aturu vs Nigeria

Communication about denial of right to education.

Final decision:

Author fails to exhaust local remedies. The Commission considers the application to be inadmissible under Article 56 (5) of the Charter".

41. 70/92 Ibrahim Dioumessi, Sekou Kande, Ousmane :Kaba vs Guinea

Communication on detention without trial.

Final Decision:

"The African Commission on Human and Peoples' Rights, established under Article 30 of the African Charter on Human and Peoples' Rights;

Meeting at its Fifteenth Ordinary session held in Banjul, The Gambia, from 18 to 27 April, 1994;

Recalling the provisions of Article 57 of the Charter and those of Rules 110 and 115 of the Rules of Procedure which stipulate that prior to any substantive consideration, all communications must be brought to the knowledge of the State concerned;

Notes that the said communication was brought to the attention of the State of the Republic of Guinea on 13/11/92, 12/4/93 and 12/3/94;

Requests the Guinean Government of submit additional information relating to the issue within 2 months~of the receipt of a new notification, facing which this matter shall be considered during the Sixteenth Session".

42. 73/92 Mohamed L. Diakite vs Gabon

Communication on wrongful expulsion and deprivation of property.

Final Decision:

"The African Commission on Human and Peoples' mights, established under Article 30 of the African Charter on Human and Peoples' Rights;

Meeting al its Fifteenth Ordinary Session held in Banjul, The Gambia, from 18 to 27 April l994;

Recalling the provisions of Article 57 of the Charter and those of Rules 110 and 115 of the Rules of Procedure which stipulate that; to any substantive consideration, all communications must be brought to the attention of the State concerned;

Notes that the said communication was brought to the knowledge of the state of Gabon on 11 November 1992 and 121 April 1993;

DECIDES to enquire from the author of the complaint, pursuant to the decision of the Thirteenth Session, whether he intends to take up this matter with the Cabonese judicial authorities and requests him to submit a response within 4 months of the receipt o this decision;

Directs that substantive consideration of the matter be undertaken during the Sixteenth Session".

43. 83/92 Jean Y. Degli (on behalf of BIKAGNI) Togo

Linkage with 88/93 and 91/93

Communication on unlawful detention.

"The African Commission on Human and Peoples' Rights, established under- Article 30 of the African Charter on Human and Peoples' Rights;

Recalling the provisions of Article 57 of the Charter and those of Rules 110 and 115 of the Rules of Procedure which stipulate that prior to any substantive consideration, all communications must be brought to the knowledge of the State concerned;

Notes that the said communication was brought to the attention of the State of Togo on 11 November 1992;

Confirms the interim measures taken during the Fourteenth Session geared towards ensuring the security of Corporal Nikabou Bikagni to avoid any irreparable prejudice inflicted on the victim of the alleged violations"

44. 88/93 Union Interafricaine des croits de l'Homme vs Togo

Communication on the human rights situation in Togo.

"The African Commission on Human and Peoples' Rights, established under Article 30 of the African Charter of Human and Peoples' Rights;

Recalling the provisions of Article 57 of the Charter and those of Rules 110 and 115 of the Rules of Procedure which stipulate that prior to any substantive consideration, all communications must be brought to the knowledge of the State concerned;

DECIDES to bring the communication to the knowledge of the Government of Togo and to request it to submit a response--within two months of the receipt of the substantive consideration of the matter shall be undertaken at the Sixteenth Session".

45. 91/91 Commission Internationale de Juristes vs Toao

Communication on the situation of human rights in Togo,

etc

Combined with No.88/93.

46. 93/93 International PEN vs Ghana

Communication on the freedom of expression.

Upon the request by the author, the communication is marked withdrawn and the file is closed".

47. 97/93 John K. Modise vs Botswana

Communication on denial of nationality

Final discussion:

It was decided to write to the author stressing the need for exhaustion of local remedies as required by Article 56 of the Charter. He should also be advised to contact the NGO Botswana certre for Human Rights which enjoys observer status with the Commission for assistance.

48. 104/93 Centre for the Independence of Judges and Lawyers vs Algeria

Communication on the general political situation in Algeria.

This communication provides a general information to the Commission and deals with no specific breaches of the Charter. The file is closed accordingly.

49. 106/93 Amuh Joseph Vitrine vs Cameroon

Communication on wrongful persecution.

Final Decision:

Mr. Amuh Joseph Vitrine wants the Commission to save his life and prevail on his Government to stop the hunt against him. He also wants the Commission to appeal to the Governments of Senegal and Niger to grant him refugee status.

The Commission applied Article 55 and decided not to take up the communication.

50. 107/C3 Academic Staff Nigerian Universities vs Nigeria

Communication on breach of agreement, threats, etc...

Final Decision:

From the evidence adduced by the author, local remedies have not been exhausted. The communication is therefore inadmissible. The Commission calls the attention of the author to the provisions of Article 56 of the Charter.

51. 131/94 Ousman Manjang vs The Gambia

Communication on wrongful detention and confiscation of papers.

Final Decision:

Article 56 (6) requires that the author exhausts local remedies before the Commission takes up his complaint. In the absence of that, the communication is declared inadmissible.

52. 47/90 Lawyers Committee for Human Rights vs Zaire.

Communication on violations of human rights by the Government of Zaire including arbitrary arrests, detention, torture, etc...

Final Decision:

The Commission admits evidence of the existence of a series of serious or massive violations of human and peoples' rights and decides under Article 58(1) of .he African Charter to call the attention of the Assembly of heads of State and Government to the situation.

DRAFT RESOLUTION ON HUMAN AND PEOPLES'

RIGHTS EDUCATION

The African Commission on Human and Peoples' Rights at its 14th Ordinary Session in Addis Ababa, 1 - 10 December, 1993:

Acknowledging that education in human and people's rights is a prerequisite for the effective implementation of the African Charter on Human and Peoples' Rights and other international human rights instruments,

Bearing in mind that the African Charter on Human and Peoples' Rights provides in Article 17(1) for the right to education and that Article 25 of the African Charter calls upon States parties to the Charter to promote human and peoples' rights through teaching, education and publication,

Recalling the Resolution on the African Commission on Human and Peoples' Rights, AHG-/Res.227(XXIX), published in the Commission's 6th Annual Activity Report, 1992-1993, which all States parties are requested to ensure among other things(a) that human rights are included in the curriculum at all levels of public and private education and in the training of all law enforcement officials, and (b) that education,of- human rights and democracy should involve every organ of the-society as well as the media",

Taking note of the UNESCO Plan of Action adopted at the International Congress on Education for Human Rights and Democracy in Montreal during March 1993, which laid the foundation for the recommendation adopted at the World Conference on Human Rights in Vienna for a Decade of Human Rights EducaTion to be declared,

Noting also the Declaration at the World Conference on Human Rights, Vienna 1993, encouraging all Governments to include in he formal sector, curricula on the study of human rights in primary, secondary and tertiary institutions as well as those in the administration of justice, and for governments to be encouraged to undertake the promotion of human rights in the informal sector,

Taking into consideration the Program of Activities of the African Commission on Human and Peoples' Rights, 1992-1996, adopted at the 11th Session, March 1992,

Recognizing the importance of education as an active vehicle of inculcating the values and corresponding behaviours in a civil society based on full respect for human and peoples' rights, democracy, tolerance and justice,

Emphasizing the importance of propagating the principle of human rights law as well as international humanitarian law,

Taking into consideration further the great efforts made by the African Non-Governmental Organizations to promote and implement human and peoples' rights through education on both formal and informal levels, using popular participatory methods and through the media,

Having considered the item on human rights education upon the request of a number of Non-Governmental Organizations:

1. REITERATE its rec,..est for States parties to include o of human and peoples' rights in the curriculum at all levels of public and private education, including at law schools to ensure,interalia, that education and information regarding human and peoples' rights are included in the training of law enforcement personnel, civil or military, as well as medical personnel, public officials and other persons who may be involved in the custody, interrogation or treatment of any individual subjected to any form of arrest, detention of imprisonment;

2. DECIDE to intensify the co-operation between the African Commission and the African Non-Governmental Organizatiors on human and peoples' rights education, bearing in mind in particular the activities contained in the Commission's Program o Activities, 1992-1996;

3. UNDERLINES the importance of education, through appropriate means and techniques, being geared among other things to the need of specific groups such as women, children, refugees and internally displaced persons, victims of armed conflicts and other disadvantaged groups;

4. ENCOURAGES Governments to take advantage of the activities of the Non-Governmental Organizations in the field of human and peoples' rights education and to facilitate such efforts;

5. WELCOMES the initiative taken by Non-Governmental Organizations to organize a workshop on human and peoples' rights education with a special reference to popular participation and non-formal education during 1994, and any further initiatives which would strengthen the long term activities of the African Commission and Non-Governmental Organizations in the field of human rights education.

RESOLUTION ON THE PROMOTION AND THE RESPECT OF

INTERNATIONAL HUMANITARIAN LAW AND

HUMAN AND PEOPLES' RIGHTS

The African Commission on Human and peoples' Rights Rights Meeting in its 14th Ordinary Session in Addis Ababa, from - 10 December 1993;

Considering that human rights and international humanitarian law (IHL) have always, even in different situations, aimed at protecting human beings and their fundamental rights,

Noting the competence of the International Committee of the Red Cross (ICRC) to promote the respect of the international humanitarian law,

Recalling the resolution CM/Res 1059 (XLIV), adopted at Ordinary Session of ,he Council of Ministers of the OAU, which reaffirmed the determination of the OAU to support the ICRC in its activities and to grant it the necessary facilities to carry out its mandate,

Recalling also the conclusions of the seminar held in Banjul, October 1992, following the 12th Session of the African Commission on Human and Peoples' Rights on the national implementation of the African Charter of ;Human and Peoples' Rights, which underscored the need to disseminate and implement .he provisions of international humanitarian law applicable in time of armed conflicts,

Considering the Resolution on Human and Peoples' Rights Education adopted by the African Commission on H-man and Peoples' Rights at its 14th Session, December 1993,

Recognizing the need for close cooperation in the field of dissemination of international humanitarian law and human and peoples' rights:

1. INVITES all African States Parties to the African Charter on Human and Peoples' Rights to adopt appropriate measures at the national level to ensure the promotion or the provisions of the international humanitarian law and human and peoples' rights;

2. STRESSES the need ror a specific instruction of military personnel ar.d the training of the forces of law and order in international humanitarian law and human and peoples' rights respectively;

3. STRESSES FURTHER the importance of regular exchange of information between the African Commission on Human and peoples' Rights, the International Committee OF Red Cross and human rights non-governmental organizaTions, on the teaching and dissemination activities undertaken the principles of human and peoples' rights and international humaniTarian law, in the schools, universities and all other institutions;

4. DECIDES to participate, as much as possible, in the seminars, conferences or technical sessions organized by the ICRC on questions of mutual interest and urges the ICRC to reciprocate, or the activities or the Commission.

RESOLUTION ON THE SITUATION IN RWANDA

The African Commission on Human and Peoples Rights, meeting in its 15th Ordinary Session in Banjul, The Gambia,from 18 to 27 April 1994,

Deeply concerned about the alarming human rights situation in Rwanda characterised by serious and massive human rights violations,

Noting the OAU Secretary General's very energetic condemnation of the wanton killing of civilians and heinous acts perpetrated in this country,

Bearing in mind the recommendations made by the UN Special Rapporteur on extrajudicial, summary or arbitrary executions following his visit to Rwanda in 1993:

1. CONDEMNS very strongly the cycle of violence and the massacre oz innocent civilians by the different armed factioNs;

2. URGES' the parties to the conflict to immediately cease hostilities and work towards a peaceful settlement through dialogue between all the Peoples of Rwanda;

3. CALLS ON all parties to respect the African Charter on Human and Peoples' Rights, the principles of International Humanitarian Law as well as the activities of humanitarian organizations operating in the field;

4. INVITES the Special Rapporteur on extra-Judicial summary or arbitrary executions to pay special attention to the situation in Rwanda and report back to the 5th Session.

RESOLUTION ON SOUTH AFRICA

The African Commission on Human and Peoples' Rights, meeting in its 15th Ordinary Session in Banjul; The Gambia, from l8- 27 April, 1994,

Noting the violence that has taken place in South Africa and the loss of lives that has assumed alarming proportions,

Reiterating the importance of protecting human lives and creating a climate conducive to a free and fair elections,

Welcoming the positive developments that have emerged towards a consensus for holding the forthcoming election:

1. URGES all parties concerned to cease the violence and create a peaceful atmosphere;

2. URGES the concerned parties in South Africa to take all necessary steps to create an atmosphere conducive to free and fair election;

3. URGES, all political parties and others concern.ed in South Africa to accept the results of the election if it is declared to be substantially free and air by the Independent Electoral Commission;

4. URGES the new government to ratify the African Charter on human and Peoples' Rights and .o ensure the protection of the human rights of all South Africans in accordance with the said African Charter and other relevant treaties and standards.


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