Photo: © African Defenders
During three days, participants in the NGOs Forum held in Banjul, The Gambia, discussed key human rights and democracy issues affecting the continent, as well as the work of defenders, and proposed better ways to address them. This culminated in the adoption of resolutions and recommendations.
The 2024 NGOs Forum
From 13 to 15 October 2024, members of civil society organisations working closely with the African Commission on Human and Peoples’ Rights (the African Commission, or ACHPR) attended the NGOs Forum held, in person, at the Sir Dawda Kairaba Jawara International Conference Center in Banjul, The Gambia. Discussions during the Forum revolved around the African Union (AU) theme of the Year: ‘Educate an African Fit for the 21st Century: Building resilient education systems for increased access to inclusive, lifelong, quality, and relevant learning in Africa’. While the Forum was structured into 16 panels on themes relevant to protecting human rights, participants also split into 14 Special Interest Groups to develop recommendations to submit to the African Commission.
The NGO Forum remains an important barometer for African Commission sessions and the pioneer to several other fora that are now being currently held ahead of the ordinary session of the Commission.Professor Remy Ngoy Lumbu, Chairperson of the African Commission
A concerning human rights and democracy situation
In their introductory remarks, speakers stressed the relevance of vibrant civil society organisations that stand by those affected by human rights violations in the context of increasing socio-political crises, reprisals against human rights defenders and persecution of social groups.
While highlighting the centrality of peace in the quest for democracy, Solomy Bossa, Chairperson of the African Centre for Democracy and Human Rights Studies, recalled the necessity for governments not to divide NGOs and view them as foreign agents.
Maximillien Ngo Mbe, member of the Steering Committee of the NGOs Forum and Executive Director of the Central Africa Human Rights Defenders Network, deplored how conflicts in several African countries, unconstitutional changes of government and terrorism adversely affect the right to education of many children thereby calling on everyone to ensure no child is left behind by the education system.
Daouda Jallow, Attorney General and Minister of Justice of The Gambia was emphatic that to ensure effective human rights protection, it is relevant to solve armed conflicts, insecurity, terrorism, the rise of fundamentalism, quasi-democratic and authoritarian States and external aggressions which affect several countries in Africa.
The perilous situation of human rights defenders
Speakers, panellists and participants called on States and the African Commission to contribute to improving the working conditions of human rights defenders in Africa. Defenders, including journalists, continue to be the subject of intimidation, arrests and surveillance while regulatory frameworks are being used to claw back the rights of NGOs.
In Central Africa, human rights defenders, especially women and defenders working on civil and political rights are threatened and subjected to reprisals, arbitrary arrests and detention. This situation is exacerbated by threats of unfair trials. The removal of the moratorium on the death penalty in the DRC has led to abolitionist defenders being targeted for their activities against these decisions. Although the country has adopted a law to protect defenders, Maximillienne Ngo Mbe called for the repeal of criminal provisions which set a bad precedent and could be used to criminalise their activities. In the East and Horn of Africa, widespread suppression of civic space, political instability and internet restrictions have affected the working conditions of human rights defenders.
Defenders in North Africa are not spared from the repressive tendencies of political regimes. The governmental use of counterterrorism laws to aggress defenders is a worrying concern. Governments either intimidate defenders or subject them to reprisals. Naji Moulay Lahsen called on Northern countries to update their laws on the freedom of assembly and association to align them with international human rights law standards.
The situation in West Africa is characterised by a restrictive civic space amid terrorism and military governments. While Burkina Faso’s defenders face constant risks of being conscripted in the army or detained, defenders in Mali must obtain a professional card to conduct their activities. Worse still, in Côte d’Ivoire, a recent campaign against individuals for their perceived sexual orientation and gender identity known as ‘zero woubi en Côte d’Ivoire’ is an affront to the basic rights of LGBTIQ+ people and affects defenders working on the rights of these communities.
In Southern Africa, the repression in Eswatini and Zimbabwe is targeting defenders through, among others, politically motivated charges using repressive laws . In Angola, the adoption of restrictive laws and the lack of cooperation among relevant State entities and the African Commission is a sign that the country is not ready to improve the situation of defenders.
Declaration +25: Articulating international standards on the right to defend rights
During a special interest group discussion on the Declaration +25 – a supplement to the UN Declaration on Human Rights Defenders grounded on international law and developed with defenders and legal experts – the participants acknowledged the normative and interpretive value of the Declaration. As some African countries are working on national defenders’ laws, participants found it crucial to ensure that these laws align with the principles set out in the Declaration and its +25 supplement. Equally, the African Commission can also ensure that the African Declaration on Human Rights Defenders considers the content of the Declaration +25.
Moreover, the African Commission should incorporate references to the Declaration +25 in its day-to-day work and strengthen its engagement with civil society and State parties based on this framework. National human rights institutions should also be key players in popularising the Declaration +25 at the national level and ensuring that their approaches to civic space and human rights defenders’ protection are grounded in the principles of the Declaration +25, thus reinforcing a human rights-based approach at the national level. In the end, participants suggested that while some governments may dismiss the Declaration +25 as non-binding, consistent legal action at the national, sub-regional, and regional levels can foster important judicial discussions grounded in the Declaration +25.
Resolutions and recommendations
Participants in the NGOs Forum adopted country resolutions, thematic resolutions and two recommendations. These recommendations pertained, on the one hand, to the independence of the judiciary in Africa and to the need for a joint fact-finding mission in Sudan, on the other.
Country resolutions
Thematic resolutions
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