With only a few days before the opening of the 6th Conference of the Heads of State and of Government of the African Union (AU), which will take place from January 23rd to 26th in Khartoum, Sudan, the FIDH expresses its concern regarding certain issues to be discussed at the Summit: the renewal of the presidency of the AU, the Hissène Habré affaire, putting in place the African Court on Human and Peoples’ Rights and the numerous violations of human rights committed on the continent.
Regarding the Presidency of the AU
The FIDH expresses its serious concerns regarding the candidature of the Republic of Sudan for the presidency of the African Union, which must be designated during the Khartoum Summit, taking into account the grave violations of international humanitarian law and of human rights committed in Darfur since 2003. These violent acts are committed in the first place by government forces, as confirmed by the report of the International Investigatory Commission of the High Commissioner for Human Rights, made public on January 25, 2005. These violations are contrary to the objectives of the pan-African organization: promoting peace, security, stability and the protection of human rights.
The FIDH recalls, on this subject, the refusal of the Sudanese authorities to conform to their international obligations as well to the decisions and resolutions of the AU, the United Nations Security Council and the African Commission on Human and Peoples’ Rights (ACHPR), which notably compelled the Khartoum authorities to respect the cease-fire accords, to end the violent acts committed against civilian populations and to cooperate fully and unconditionally with the Prosecutor of the International Criminal Court (ICC) in order to bring to justice those responsible for the international crimes perpetuated in Darfur.
In addition, like Libya at the 5th Conference of the Heads of State and of Government of the AU in Sirte, Libya, Sudan did not allow a forum of non-governmental organizations (NGOs), which normally precedes AU summits, to be organized. This refusal on the part of the Sudanese authorities contradicts the recognition of the AU of the essential role of NGOs in promoting and protecting human rights on the continent.
Regarding the Hissène Habré Affair
Applying the founding principles and objectives of the AU and notably articles 3 and 4 of the Constituting Act, which consecrate protection of human rights and reject impunity, the African heads of State and of government must exhort Senegal to extradite Hissène Habré, former President of Chad and dictator, to Belgium where he must face accusations of torture and massive violations of human rights. The FIDH, its affiliated leagues in Africa and a hundred other independent African NGOs have spoken out, notably via a resolution of the Forum of NGOs for the preparation of the 38th Session of the ACHPR, made in December of 2005 and a recommendation of the ECOWAS Forum of NGOs adopted in January 2006 in favor of this extradition, which would allow for a fair trial and would give the victims the right to justice, in compliance with the provisions guaranteed by international law and by principles of human rights. The extradition of Hissène Habré would constitute a decisive act in the fight against impunity for those responsible for massive violations of human rights, and would demonstrate, for the 25th anniversary of the African Charter on Human and Peoples’ Rights, the attachment of the African Heads of State and of government to this instrument.
Regarding the African Court on Human and Peoples’ Rights
It is imperative that the African heads of State and of government move on to the election of judges to the African Court on Human and Peoples’ Rights, the designation of its headquarters and the allocation of a budget adequate for its functioning. Regarding the election of judges, the FIDH asks the African Heads of State and of government to assure a fair geographic distribution and fair representation of the different continental laws as well as an equal distribution of men and women. To put in place an effective African Court, the AU must also ensure the competence of the judges in the field of human rights and of their independence. Discussions on the Protocol for fusing the African Court of Justice and the African Court on Human and Peoples Rights not-withstanding, it is imperative that the AU preserves the gains made in the Protocol on the African Court on Human and Peoples’ Rights, in particular the possibility of seizure of jurisdiction that is accorded to individuals and NGOs, in compliance with the recommendations issued by the African Commission on Human and Peoples’ Rights at its 38th Session in December, 2005.
Regarding Violations of Human Rights in Africa
The AU must speak out on the numerous violations of human rights committed on the continent and exhort its member States to respect their international obligations, notably by referring to the resolutions adopted by the African Commission on Human and Peoples’ Rights at its 38th session, regarding Zimbabwe, Ethiopia, the Democratic Republic of Congo, Uganda and Sudan.
Considering the deterioration of the human rights situation in Zimbabwe, especially the rising number of displaced persons and the associated violations of their fundamental rights resulting in forced expulsion undertaken by the government and the lack of independent justice, which perpetuates a culture of impunity, the FIDH calls upon the AU to condemn the violations of human rights in Zimbabwe.
In light of the bloody repression of protests by security forces that took place in June and November 2005 to contest the results of the parliamentary elections of May 2005, the arbitrary arrests and detentions and the silencing of the opposition, of the press, and of the human rights defenders, the FIDH asks the AU to adopt a resolution insisting that the Ethiopian authorities free political prisoners, journalists and human rights defenders who have been arbitrarily detained, and guarantee a fair trial to those accused.
The AU must also condemn the grave violations of human rights and of international humanitarian law committed in the Democratic Republic of Congo, in Uganda and in Darfur (Sudan), as well as insisting that these States engage in the fight against impunity, notably by cooperating fully and unconditionally with the Prosecutor of the ICC, the judicial body responsible for addressing these situations.