The Réseau des Femmes Leaders pour le Développement (RFLD) organized an advocacy meeting with the ACHPR on the restriction of civic space and the implementation of the revised reports in targeted member state countries. The training was coordinated and organized by RFLD in Kinshasa, Democratic Republic of Congo from July 29 to 31, 2022. The workshop was organized within the framework of the CHARM PROJECT (Consortium for the Promotion of Human Rights, Civil Liberties and Media Development – CHARM).
The workshop was attended by the Hon. Rémy Ngoy Lumbu, President of the African Commission on Human and Peoples’ Rights (ACHPR) and current ACHPR Special Rapporteur on Human Rights Defenders and Focal Point on Retaliation. The consortium is funded by the Swedish International Development Cooperation Agency (SIDA).
During the three-day workshop, there were plenary sessions, discussions, group work and exchanges of experience, focusing on the evolution of human rights, an introduction to the international human rights system and mechanisms, and regional orientation, among other themes.
✓ Discussion on the Protection of human rights defenders, including reprisals.
✓ Civil Society engagement with the African Commission on Human and Peoples’ Rights (ACHPR)
✓ Training defenders on the African human rights system
✓ Better knowledge of advocacy for engagement and litigation before the African Commission.
✓ Increased access to resources to improve the quality and sustainability of the work of human rights defenders (HRDs).
A brainstorming session identified the elements of the definition, which were included in the definitions proposed by the participants, namely: legal guarantees, non-discrimination and human dignity. Three obligations arise from human rights standards: an obligation to respect, an obligation to protect, and an obligation to implement, the latter posing major challenges, particularly in the effective realization of human rights. During the three-day meeting, participants learned about the composition of the ACHPR, its remit, the conditions for admissibility of communications under article 55 of the Charter, procedures, the Commission’s Special Rapporteurs, the Commission’s Working Groups, the Court of Human and Peoples’ Rights, its composition, mandate, relations between the Court and the Commission, the Court’s case law, the Malabo Protocol, the Committee of Experts on the Rights and Welfare of the Child, its composition, mission and eligibility criteria for communications.
In her speech, the President of the Réseau des Femmes Leaders pour le Développement – RFLD, Ms. Agueh Dossi Sekonnou Gloria, stressed the importance of the advocacy and research work carried out by civil society organizations to ensure the operationalization of judicial institutions at local and regional level.
The Honourable Commissioner Remy Ngoy spoke about the mandate of the African Commission on Human and Peoples’ Rights, which derives from the African Charter on Human and Peoples’ Rights. A presentation was also made on the Committee’s special mechanisms, and on the observer status of NGOs. The latter requires the presentation of documents in the Commission’s rules of procedure. NGO observer status can be withdrawn in the event of non-compliance with their obligations (absence, non-participation). The Charter provides for the submission of communications from States, or other communications (which implicitly refer to NGOs and individuals). The Hon. Rémy Ngoy Lumbu, President of the ACHPR, recalled that civil society actors are key agents of change at international, regional, national and local levels, as they contribute to monitoring the application of international human rights standards, following up the implementation of judgments, decisions and recommendations of African regional human rights mechanisms, strengthening the capacity of States to ensure the implementation of human rights standards, among others.
Protecting human rights means guaranteeing individuals who are victims of human rights violations their right to a trial. In this case, international law takes precedence in application, and the Commission’s role is to ensure the integration of national and international laws, whether the member state adopts a single or dual system.
RECOMMENDATIONS
- Call on member states to adhere to their commitments to protect, respect and fulfill the fundamental human rights and freedoms guaranteed by the African Charter on Human and Peoples’ Rights;
- Call on Member States to adopt specific legislative measures to recognize the status of HRDs, grant them the necessary protection and provide a conducive working environment in accordance with Resolution 376 (LX) 2017 adopted at the 60th Ordinary Session in Niamey, Niger ;
- Call on member states to stop harassing HRDs, including those working on issues of sexual orientation and gender identity, and recognize that the rights set out in the African Charter on Human and Peoples’ Rights are universal;
- Call on States to respect the Guidelines on Freedom of Association and Assembly adopted by the Commission at its 60th Ordinary Session, ensuring that they fulfill their obligations under the African Charter by fully protecting these rights;
- Encourage member states that have not yet done so to file the declaration under Article 34(6) of the Protocol of the African Court on Human and Peoples’ Rights, to enable individuals and NGOs to submit their cases directly to the Court.
- Ensure meaningful implementation of legal and policy frameworks, namely the Maputo Protocol, the Abuja Declaration and the AU Refugee Convention to guarantee the protection of women’s rights. CSOs must lobby states parties that have not yet signed and ratified the Maputo Protocol to ensure that all African girls and women are protected in conflict.
