Statement at the 48th session of the African Commission on Human and Peoples’ Rights

Your excellency madam chairperson, honourable Commissioners, distinguished ladies and gentlemen, thank you for giving INTERIGHTS the opportunity to address the commission.

INTERIGHTS is a legal centre that uses international human rights law to protect human rights through strategic litigation. We have worked with the commission for almost 25 years; we value this collaborative relationship which has grown from strength to strength over a period of time.

Madam chairperson, allow me to address the commission on two points that cause us great concern.

The first issue is the implementation of the commission’s decisions. Under the complaints procedure, states are bound to respect and implement the commission’s decisions as part of their obligation under article 1 of the charter to take measures to realise and give effect to the rights in the treaty.

The failure and refusal by member states to implement the decisions of the commission is well-known – a 2005 study estimated that only 14 per cent of the recommendations of the commission had been implemented. This troubling trend seriously undermines the African human rights system.

We are particularly concerned when governments themselves attack the commission. This was so in the case of Good–Botswana, where this commission found that Botswana had violated the charter by unlawfully deporting Professor Good. The minister of foreign affairs stated publicly that Botswana would not comply with the decision because it was not binding.

We urge the commission to encourage state parties to respect their obligations under the charter by implementing its decisions. In addition to steps it is already taking, we humbly ask the commission to raise these issues with state parties during visits by commissioners and in special mechanisms. We note that follow up will be emphasised under the new rules of procedure and look forward to working with the commission in this regard.

The second issue is the refusal by the commission to grant the Coalition for African Lesbians (CAL) observer status without any reasons being given. Observer status allows NGOs (non-governmental organisations) to formally engage with the commission on issues that they work on.

We are particularly concerned about this refusal because CAL is a human rights organisation that meets all the requirements to be granted observer status. It works across Africa to protect lesbians, a vulnerable group, against violations of their human rights, including rape, murder and unlawful arrest, which occur with little or no protection from national authorities.

Honourable chairperson, this decision flies in the face of the commission’s mandate and jurisprudence. For example, in the Institute v Angola the commission emphasised that human rights belong to all persons. The decision also departs from the commission’s progressive work in which it has outlined the need to protect vulnerable groups and minorities such as indigenous peoples, refugees and IDPs (internally displaced persons). The refusal therefore is an unfortunate blight on the good name of the commission.

Honourable chairperson, we would request the commission to kindly reconsider its decision refusing CAL observer status. INTERIGHTS remains dedicated to working with the commission in its mandate to protect the rights guaranteed under the charter.

Thank you,

INTERIGHTS

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