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Urgent campaigns / Statements / Algeria / 2010 / November

OMCT raises serious human rights concerns at the 48th session of the African Commission on Human and Peoples Rights

​THE WORLD ORGANISATION AGAINST TORTURE (OMCT)
 
STATEMENT
 
OMCT raises serious human rights concerns at the 48th session of the African Commission on Human and Peoples’ Rights
 
Geneva, 25 November 2010. The World Organisation Against Torture (OMCT) participated in the 48th session of the African Commission on Human and Peoples’ Rights (ACHPR) which took place from 10 to 24 November 2010 in Banjul, The Gambia. During that session,OMCT, along with partner organisations, delivered several oral statements denouncing, among other serious violations of human rights, the occurrence of torture and ill-treatment in Africa, the use of the death penalty across the continent, and the lack of adequate cooperation between the African Commission and the NGOs in connection with the Commission’s country missions. OMCT also called attention to the deteriorating situation of human rights defenders, activists and civil society organisations in the past few months in North Africa and Sudan. OMCT and FIDH, within the framework of their joint programme, the Observatory for the Protection of Human Rights Defenders, also expressed their extreme concern at the situation of human rights defenders throughout Africa who continue to carry out their work in a hostile and dangerous environment and more and more often at the risk of their own lives.

In a statement delivered by Mr. Oumar Diallo, Member of OMCT’s General Assembly, OMCT expressed deep concern about the continuous practice of torture and ill-treatment in Africa despite its clear and absolute prohibition enshrined in international and regional human rights treaties. OMCT raised its concern that, in many countries, torture and ill-treatment are not outlawed by national law; this is the case, for example, in the Democratic Republic of Congo (DRC) where a draft bill criminalising torture has been pending since 2007. Adoption of such legislation is not only fundamental to prevent and sanction acts of torture and ill-treatment, but also to enable victims of these violations to obtain redress. OMCT also urged States to guarantee the safety of all persons deprived of their liberty and accordingly, to cease practices such as incommunicado detention and enforced disappearance. OMCT is indeed very much concerned that these practices remain common, for example, in Algeria. OMCT recalled that it considers enforced disappearance as a form of torture.
 
Finally, OMCT recalled the findings of the UN Special Rapporteur on torture in his study on the phenomena of torture and ill-treatment that stressed that impunity is one of the main reasons why torture is so strongly entrenched; In that connection, OMCT expressed concern that too often impunity persists because the political will is lacking to fully investigate crimes of torture and ill-treatment and to bring perpetrators to justice. OMCT once again called upon the African Commission to undertake all necessary efforts to ensure compliance by the States with their obligations under international and regional instruments regarding the absolute prohibition of torture and ill-treatment. OMCT, in particular, called on the Commission to take all necessary steps to ensure that freedom from torture, as a non-derogable human right, is enjoyed by each and every individual on the African Continent, irrespective of his or her civil, political, economic, social or cultural status.
 
In connection with the presentation of the report of the African Commission’s Working Group on the Death Penalty, OMCT along with the Foundation for International Human Rights, the FIACAT, International Harm Reduction Association and Penal Reform International[1] welcomed the African Commission’s commitment to the abolition of the death penalty but raised serious concern notably about the situation in the Gambia and Uganda.
 
These human rights organisations noted with regret that the Gambian National Assembly has extended the scope of the death penalty to include human trafficking, robbery, rape and drug-related offences, which goes beyond the “most serious crimes” restriction and is in violation of international human rights law and standards. The organisations also noted that the Ugandan Parliament is in the process of adopting a Bill that envisages capital punishment, among other penalties, for certain homosexual acts, and recommended that the Uganda Parliament refrain from adopting this legislation and take steps towards abolition of the death penalty.
 
These organisations noted, in addition, that the treatment of prisoners on death row often does not comply with international human rights standards and norms, and in some cases can even amount to torture and other cruel, inhuman or degrading treatment. They called on all African Union States to continue to move towards full abolition of the death penalty.
 
Finally, OMCT wish to reiterate the deep concern expressed by the Observatory for the Protection of Human Rights Defenders in relation to the decision of the Commission to deny observer status to the Coalition of African Lesbians (CAL). That decision constitutes a serious impediment to the promotion and protection of human rights for all on the continent and puts into question the capacity of the Commission to fulfill its mandate of protection and promotion of human rights in accordance with Article 45 of the African Charter on Human and Peoples’ Rights. In its statement, the Observatory called on the Commission to reconsider its decision as soon as possible.
 
Contact:
Alexandra Kossin, Urgent Campaigns, Tel. +41 22 809 49 39
Seynabou Benga, Human Rights Defenders, Tel +41 22 809 49 39
 
Copies of all the statements are enclosed
 
  • OMCT statement on the occurrence of torture and ill-treatment in Africa
  • Joint statement on the death penalty
  • Joint statement on the human rights situation in North Africa and Sudan
  • Oral statement of the Observatory for the Protection of Human Rights Defenders on the situation of human rights defenders in Africa (the written statement can be accessed at http://www.omct.org/human-rights-defenders/2010/11/d20921)
  • Joint statement on the cooperation between the African Commission and NGOs


 

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Date: November 25, 2010
Activity: Urgent campaigns
Type: Statements
Country: Algeria, Congo, Democratic Republic, Gambia, Uganda
Subjects: Arbitrary arrests and enforced disappearances, Human Rights Defenders, Justice system, Torture and violence

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