Implementation of Decided Cases

IHRDA is currently involved in advocating for the full implementation of two decisions of the African Commission on Human and Peoples’ Rights. These are:

• 54/91, 61/91, 98/93, 164/97 to 196/97, 210/98 Malawi African Association, Amnesty International, Ms Sarr Diop, Union Interafricaine des Droits de l’Homme and RADDHO, Collectif des Veuves et Ayants Droit, Association Mauritanienne des Droits de l’Homme / Mauritania
• 292/04 IHRDA (on behalf of Esmaila Connateh and 13 other Gambians) / Angola         

54/91, 61/91, 98/93, 164/97 to 196/97, 210/98 Malawi African Association, Amnesty International, Ms Sarr Diop, Union Interafricaine des Droits de l’Homme and RADDHO, Collectif des Veuves et Ayants Droit, Association Mauritanienne des Droits de l’Homme / Mauritania

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The above ACmHPR decision concerns several communications that were consolidated for their treating of the same series of incidents where “serious and massive “human rights violations were committed in Mauritania between 1986-1992. These violations resulted in a near war with Senegal and the massive expulsion of no less than 50000 people. IHRDA served as counsel for the Collectif des Veuves et Ayants Droit in their communications 164/97 to 194/97.

In 2000, the ACmHPR, in its consolidated decision required that Mauritania “take diligent measures to replace the national identity documents of those Mauritanian citizens, which were taken from them at the time of their expulsion and ensure their return without delay to Mauritania.” In addition, it stated that Mauritania should ensure the compensation of belongings looted, and the reinstatement of the rights of those unduly dismissed “and/or forcibly retired workers, with all the legal consequences appertaining thereto.”

Although given in 2000, implementation of the decision only began in 2006. Despite the long wait, Mauritania remains the few countries in Africa to accept responsibility for human rights violations and reparations of victims thereof as pronounced by an ACmHPR decision.

This implementation has been a long journey for IHRDA that warrants a section of the site to itself.

Please click here to visit the Mauritania Advocacy page.

292/04 IHRDA (on behalf of Esmaila Connateh and 13 other Gambians)/ Angola

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This communication, filed by IHRDA on behalf of Mr Esmaila Connateh and 13 other Gambians who were deported from Angola in March, April and May of 2004. They were among an estimated 126,247 other foreigners expelled under a government programme called Operaçao Brilhante, aimed at ridding the country of illegally-resident foreigners. The victims alleged that they were legally resident in Angola and possessed the requisite work permits and authorisations. In the process of expelling them, they were detained under grossly inhuman conditions, being denied food and water, medical attention, adequate sanitary facilities and subjected to cruel and inhuman treatment. Their personal belongings, passports and other documents proving their residential and work status in Angola were confiscated by the Angolan authorities. The complainants also alleged that they were arrested and detained without any warrants and were denied access to the courts of law and relevant authorities to challenge the reasons for their arrest, detention and deportation. Consequently the complainants alleged violations of articles 1, 2, 3, 5, 6, 7(1)(a), 12(4) (5), 14 and 15 of the African Charter on Human and Peoples’ Rights (ACHPR).

The ACmHPR was seized of the communication on 6^th October 2004 and requested both IHRDA and the Government of Angola to submit arguments on admissibility and later on the merits. Even though the ACmHPR sent several reminders to the Angolan Government, it never presented arguments on admissibility or on merits of the case. The ACmHPR therefore proceeded to admit the communication with only the victims’ evidence. Having been expelled under such harrowing circumstances and not having any opportunity to challenge their expulsion, the exhaustion of local remedies was ruled impracticable.

The ACmHPR gave its decision on the merits of the communication during the 43^rd Ordinary Session held in Swaziland from 7^th to 22^nd May 2008. It found Angola in violation of the ACHPR’s article 5 protecting the right to human dignity and freedom from torture, cruel, inhuman or degrading treatment; article 6 on arbitrary arrest; article 7 on the right to have one’s cause heard; article 12(4) on the right to due process before expulsion; article 12(5) prohibiting the mass expulsion of non-nationals; article 14 protecting the right to property; article 15 on the right to work; article 2 on discrimination and article 1 obliging State Parties to adopt legislative and other measures to give effect to the rights protected in the ACHPR. The ACmHPR however found that the victims had not been able to prove that they were treated differently from other nationals who were also expelled, thus making no finding of a violation of article 3(2).

Implementation

Press/Press Statements

Following the decision, IHRDA issued a press statement announcing the decision on 1^st December 2008. The statement was subsequently published in The Observer and Foroyaa newspapers in The Gambia.

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IHRDA also made a statement on the implementation of the ACmHPR decision by the Republic of Angola during the 45^th Ordinary Session of the ACmHPR held in Banjul from 13^th to 27^th April 2009.

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Follow-Up Visit to Complainants in Basse and Gambissara, The Gambia

IHRDA also visited the complainants in Basse and Gambissara, two towns in the Upper River Region of The Gambia from 3rd to 5th March 2009. Although much dissemination of the decision in their favour had been done, it was important to visit them personally, especially those now living in the villages who may not have had access to mass media, but also to discuss options for reparations and take instructions. We sought to:

• Seek and document the views of complainants on the ACmHPR decision;
• Determine and document the living conditions of the complainants to guide IHRDA in making proposals for compensation;
• Discuss with the victims the proposal by IHRDA to present the matter to the Gambian Ministry of Foreign Affairs and Ministry of Justice and consequently let the complainants select a representative to join IHRDA in meeting the government officials; and
• Discuss with the complainants other options for implementing the recommendations.