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 48
th 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