Opening Statement by the Director For Political Affairs of the African Union Commission, Dr. Khabele Matlosa

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Honourable Justice Mama Fatima Singhateh, Attorney General and Minister of Justice of the Republic of The Gambia

Honourable Madam Zainabo Sylvie Kayitesi, Chairperson of the African Commission on Human and Peoples’ Rights

Honourable Justice Augustino Ramadhani, President of the African Court on Human and Peoples’ Rights

Honourable Joseph Chilengi, Presiding Officer of the African Union Economic, Social and Cultural Council,

Honourable Representative of the African Committee of Experts on the Rights and Welfare of the Child

Honourable Antonio Bento Bembe, Secretary of State for Human Rights, Republic of Angola and Representative of the AU Member States

Honourable Andrea Ori, Regional Representative, Office of the High Commissioner for Human Rights in West Africa representing the UN High Commissioner for Human Rights

Honourable Commissioners, Members of the African Commission on Human and Peoples Rights

Honourable Ministers and Heads of Delegation, Delegates of States Parties to the African Charter on Human and Peoples’ Rights

Ambassadors and Members of the Diplomatic Corps

Representatives of the African National Human Rights Institutions

Representatives of the Civil Society and Non-Governmental Organizations

Colleagues from the African Union Commission

Distinguished Guests

Ladies and Gentlemen,

I feel greatly honoured to address this august assembly on behalf of H.E. Dr. Aisha Laraba Abdullahi, the Commissioner for Political Affairs of the African Union Commission on this occasion of the 56th Ordinary Session of the African Commission on Human and Peoples’ Rights. This is the first time I am attending a Session of the Commission in my capacity as the Director For Political Affairs. I look forward to the deliberations of this session. I intend to make a modest contribution to this and subsequent Sessions of the Commission with a view to add to our collective endeavours to inculcate a culture of human rights, democracy and peace in Africa.

I wish to salute Chairperson and Honourable Members of the African Commission on Human and Peoples’ Rights for the diligent manner in which this 56th Ordinary Session has been organized. The deliberations and the outcomes of this session will go a long way in enhancing the effectiveness and efficiency of the African Human and Peoples’ Rights System. I congratulate you for your unrelenting efforts and dedication to the promotion and protection of human and peoples’ rights in Africa.

On behalf of the African Union Commission, I wish to express my profound appreciation to the Government and the people of the Republic of The Gambia for their warm hospitality since we arrived in this beautiful city of Banjul.  I commend the leadership and commitment of The Gambia to the African Union Human Rights Agenda. I salute The Gambia for the continued support to the African Union as clearly demonstrated by hosting the African Commission and its various Sessions, including this 56th Ordinary Session.

At this juncture, I would like to recognize and thank members of the Secretariat of the African Commission on Human and Peoples’ Rights for their sterling effort. I extend my gratitude to all the participants for making the time in between their busy schedules to attend this session.

Excellencies, Distinguished Guests, Ladies and Gentlemen,

Let me start with two moments that seem to form a context for this 56th Ordinary Session today.

Firstly, incidentally this Session happens to coincide with the commemoration of 21st Anniversary of the Rwanda Genocide, which took place on 07 April 2015 under the theme “Let us keep the memory alive”. The Commemoration of Rwanda Genocide marks a continental effort for reflection and recommitment to the solemn undertaking by our leaders to promote and safeguard human rights in Africa. Bad governance and a culture impunity that lead to mass atrocities, crimes against humanity and genocide must be replaced by democratic governance, accountability, tolerance and constructive management of diversity. This Session needs to recommit publicly to never again see another genocide in Africa or any other part of the world for that matter.

Secondly, ironically, this Session also coincides with a worrisome trend of xenophobic upsurge in South Africa, which has unleashed violence against foreign migrants in that country. The first time that post-apartheid South Africa experienced xenophobic upsurge was in 2008 resulting in many lives lost, property destroyed and lots of people injured. This was one of the problems facing the post-apartheid South Africa as predicted by the country’s African Peer Review Report. This problem is repeating itself again since last week claiming lives and property and injuring victims. This Session needs to make a public pronouncement against xenophobia in line with the African Charter on Human and People’s Rights. Article 28 of the Charter provides that individuals must respect and consider their fellow beings without discrimination and to maintain relations aimed at promoting mutual respect and tolerance. Xenophobia violates rights of victims and amounts to discrimination and intolerance. Article 29(8) of the Charter also provides that individuals must promote the achievement of African unity and integration. Xenophobia works against African unity and continental integration. It undermines the spirit of Pan-Africanism and African Renaissance. It is an affront to the African spirit of Ubuntu. This Session needs to issue a clear statement against xenophobia.

Excellencies, Distinguished Guests, Ladies and Gentlemen,

At its 2010 Summit, the AU decided to establish the African Governance Architecture and its Platform to support Member States in their efforts to promote democratic and participatory governance anchored on solid human rights foundations.  The Platform presents a framework through which many of the stakeholders on governance, democracy and human rights will influence the process of facilitating accession to and ratification of relevant AU instruments. The AGA Platform will also facilitate domestication, implementation, monitoring and evaluation of the AU norms on shared values on democracy, human rights and governance.

One of the five clusters of the African Governance architecture is the Human Rights and Transitional Justice cluster. This cluster provides a unique opportunity to strengthen capacity and deepen our understanding of issues of human and peoples’ rights, democracy and governance, which constitute our African Shared Values. We are happy to announce that the Platform is now fully operational with full participation of key Organs of the African Union with the human rights mandate, including Regional Economic Communities. We invite each one of the participants at this Session to engage with the Human Rights Cluster. Your contribution to the work of the cluster will help achieve the objective of the AGA Platform of greater synergy, coordination and cooperation among relevant African Union organs and institutions.

Excellencies, Distinguished Guests, Ladies and Gentlemen

It is worth noting that the Department of Political Affairs, working together with relevant organs of the AU with human rights mandate, including the African Commission on Human and People’s Rights, has developed the African Union Transitional Justice Policy Framework. The Framework deals with issues of conflict transformation, post conflict reconstruction, peace-building, reconciliation, social harmony and national healing all which are necessary for socio-economic development, especially in countries emerging from violent conflicts. The Framework will hopefully be adopted during the AU Summit in January 2016. We welcome Resolution 235 of the African Commission on Human and Peoples’ Rights on Transitional Justice that was passed during the 53rd Ordinary Session, which calls for a study on how to facilitate the implementation of the AU Policy Framework on Transitional Justice after its endorsement by the Assembly of the Union.

Additionally, the Human Rights Strategy for Africa foresees the creation of a Pan African Institute for Human Rights (PAIHR) by 2016. The work on establishing this Institute is coordinated by the Department of Political Affairs (DPA) in close collaboration with all AU organs and institutions with a human rights mandate. The mandate of the proposed Institute is well captured in article 45, which calls for research, analysis and rigorous policy dialogue on the human rights situation in Africa. The Institute will support the AU human rights mechanisms, namely: the African Commission, the African Court, and the African Committee of Experts on the Rights and Welfare of the Child. It is my wish, therefore, that during this Session, the African Commission will issue a recommendation supporting the efforts towards the establishment as soon as practically possible.

Excellencies, Distinguished Guests, Ladies and Gentlemen

We are gratified with the manner in which the cooperation and collaboration between the African Union Commission, through the Department of Political Affairs and the AU Organs has been deepening over the years. The latest manifestation of this cooperation was demonstrated during the AU Summit in January of 2014 when the Executive Council adopted a decision on Declaring 2016 as the Year of Human Rights in Africa with Special Focus on the Rights of Women.

I wish to take this opportunity to extend my gratitude to the efforts of the Registry  of  the  Court,  the  Secretariat   of  the Commission, the   Secretariat   of  the   African  Committee of Experts on the  Rights and Welfare of the  Child, the Office of the clerk of the Pan-African Parliament, the Secretariat of the Economic, Social and Cultural Council and the AUC Directorate on Gender, Women and Development for working together in preparation for the celebration of 2016 as the Year of Human Rights with Special Focus on the Rights of women.

It should be recalled that 2016 is a veritable watershed in the continental   human rights trajectory: 2016 marks the 35th Anniversary of the adoption of the African Charter in 1981; the 30th Anniversary of the entry into force of the African Charter in 1986; the 29th Anniversary of the operationalization of the Commission in 1987 (in 2016 the Commission will be just one year shy of its 30th Anniversary).  The Year 2016 also marks the 10th Anniversary of the operationalization of the African Court. The adoption of the Maputo Protocol ushered in a new thinking in addressing   gender   inequality   and the rights of women in Africa.  In 2016, the Protocol will be 13 years old.

The  declaration  of 2016 as "African Year  of Human  Rights  with Special Focus  on the  Rights  of Women”  provides  an opportunity for  the  entire  continent  to take stock of the  human  rights situation  on the continent  in general, and the rights of women in particular.   The celebration seeks to, among other things:  enhance public awareness   about   human   rights;   assess   the   ratification and implementation of the human rights instruments,  in particular,  the Maputo  Protocol,  and the progress  made in advancing  the rights of women   since   the   adoption   of  the   Protocol;  encourage Member            States to   develop policies, plans of actions and programmes on the promotion and protection of  human and peoples' rights, and  specific  programmes  with  the  intention  of enhancing women’s empowerment in all spheres of society.

Excellencies, Distinguished Guests, Ladies and Gentlemen

I wish to implore this Session to explore the possibility of issuing a recommendation to support the Heads of State and Government for proclaiming 2015 as the Year of Women Empowerment and Development towards Africa’s Agenda 2063 and 2016 as the Year of Human Rights with Special Focus on the Rights of Women. Both years are dedicated to our collective mission of deepen human rights culture in Africa with focus on women’s empowerment and gender equality. African leadership needs to be commended for this important focus on human and people’s rights. 

The vision of a united, peaceful and prosperous Africa set out in both the Africa Agenda 2063 and the Common African Position on Post-2015 Development Agenda can be achieved only under conditions that conduce to the promotion and protection of human rights. The Africa Agenda 2063 and the Common African Position on the Post-2015 Development Agenda have been adopted by our Heads of State and Government as the Continent’s new long-term and medium term development strategies. The realization of our common vision of a united and prosperous Africa anchored on a culture of human rights as envisaged by Agenda 2063 requires our common resolve. Our gathering here today is evidence of our collective dedication and commitment to this goal.

As we implement the Africa Agenda 2063 and the Common African Position on the Post-2015 Development Agenda, we are clear about the Africa we want. It is a unified and well governed Africa respectful of human dignity and in which a culture of human rights and democracy is institutionalised.

In conclusion, on behalf of the African Union Commission, I would like to express our appreciation to the People and the Government of the Republic of The Gambia and the African Commission on Human and Peoples’ Rights for organizing this important gathering. I humbly invite you to contribute your ideas and suggestions on how we can move forward together and make this Session a success. To end on a note where I started; let us rededicate ourselves towards inculcating a strong culture of human rights which eradicates conditions that give rise to genocide and xenophobia. 

I thank you.