SPECIFIC RESPONSIBILITIES OF THE RESEARCH ASSISTANT
• Collect and update documentation on the situation of human rights in Mauritania;
• Prepare a case file summarizing the state of the ACHPR decision on Mauritania;
• Collect evidence and victims’ statements in relation to settlement of humanitarian liability to bring cases before national courts;
• Maintain and follow up the file on the status of implementation of the decision for publication;
• Liaise between IHRDA and the ACHPR Secretariat on the procedures to be followed in the ACHPR decision on Mauritania;
• Assist in the design and coordination of the paralegal project to assist victims of human rights violations;
• Participate in the development and planning of strategic litigation.

PROFILE

The candidate(s) should:
• be less than 35 years old;
• hold a Bachelor’s degree or a Post Graduate Diploma in law or equivalent experience and prove of at least three years in human rights from a Mauritanian Human Rights NGO;
• have a good understanding of the mechanisms of human rights protection especially the African Commission on Human and Peoples’ Rights;
• The working languages ​​of IHDRA being English and French, a working knowledge English is required.

APPLICATION
• The applicant should provide a CV and copies of diplomas;
• A letter of motivation;
• Recommendation from a recognized Mauritanian Human Rights NGO.
APPLICATION DEADLINE
• Applications should reach IHRDA not later than 31 May 2013.

REMUNERATION
In order to ensure good working conditions for the Research Assistant, IHRDA provides:
• Transportation costs for the Research Assistant TO/ FRO Mauritania and Gambia for the duration of the project in Banjul;
• Accommodation;
• An annual medical coverage;
• A monthly stipend.

In addition, if necessary, IHRDA will make available an intensive English language course for the Research Assistant in a language institute in Banjul.

DURATION AND LOCATION
The successful candidate will begin on 1 June 2013 for a period of at least nine (9) months divided as follows:
1. Two months in Mauritania with a partner NGOs to coordinate the work of monitoring and contact (1 June – 1 August 2013).
2. Seven (7) months in IHRDA Banjul, The Gambia (6 August 2013 till the end of the project).

REMINDER OF DEADLINE
Applications should be submitted no later than 31 May 2013 by attachment to the following email address:
recruitment@ihrda.org copying msecka@ihrda.org and ihrda_intern@yahoo.fr

An investigation by the UN Mission in the DRC (MONUSCO) revealed that 126 women were victims of rape by soldiers of the Armed Forces of the Democratic Republic of Congo (FARDC). These rapes were committed in November 2012 in Minova, while the FARDC were leaving Goma after the invasion of M23 rebels. The UN investigation has also designated two FARDC battalions as perpetrators of crimes against women. As of March 2013, according to the UN, only two soldiers were arrested for the multiple rapes[1]. MONUSCO, by way of ultimatum and other means, is putting pressure on the Congolese government to punish all those responsible for these serious crimes. The Congolese authorities have promised that all the soldiers who are found guilty of these rapes will be punished.

Apart from this case, more than 200,000 people have been victims of rape in the DRC since 1998[2] and the rape of women is used as a weapon of war. Such a situation is not only alarming but also unacceptable all the more that justice is not rendered properly.

IHRDA and ACIDH wish to recall that the international context marked by the need to make every effort to stop violence against women as reflected in the theme for the International Women’s Day on 8 March 2013: “A promise is a promise: Time for action to end violence against women”.

Furthermore, recalling that the DRC ratified the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women on 09/06/2008, IHRDA and ACIDH call on the African Commission on Human and Peoples’ Rights (the Commission) to:

-      Make an urgent statement through the Special Rapporteur on the rights of women to encourage and urge the Congolese government to promptly prosecute all those responsible for rape;

-      Urge the Congolese government to undertake any necessary investigation and to create a climate of confidence which will enable all the hidden victims, to denounce and report the facts without fear.

-      To monitor the implementation of commitments by the Congolese State to prosecute those responsible for 126 rapes and to ensure that the victims receive reparations;

-      To undertake pursuant to Article 45.1.c. of the African Charter on Human and Peoples’ Rights, any joint action with the Special Representative of the UN responsible for the issue of sexual violence in conflict and other appropriate entity to stop rapes and other attacks on the integrity of women in the DRC.
IHRDA and ACIDH are convinced that the Commission’s action is crucial for the DRC to stop being considered as the “capital of rape” as some call it.

A communication was filed in 2005 before the African Commission on Human and Peoples’ Rights (ACmHPR) against the Republic of Ethiopia by Haregewoin Gabre-Salassie. IHRDA became a co-author to the communication in 2006.

The Dergue Officials are former members of the Mengistu regime otherwise known as the Dergue regime. In 1991 the Ethiopian Peoples’ Revolutionary Democratic Front (EPRDF) overthrew the Dergue regime and detained its former officials, who were charged with genocide and crimes against humanity based on alleged atrocities committed.

In the aftermath of their detention, a new law was enacted by the Special Public Prosecutors Office (SPO) of The Republic of Ethiopia construed as an attempt to compromise the fair trials rights of detainees. These former Dergue Officials were held in pre-trial detention for more than 3 years and after their trial commenced, the cases against them dragged on for more than 12 years before being determined by the national courts of Ethiopia. Consequently, the Dergue Officials were detained for about 16 years while their trial was pending before the national courts. Many of these officials died before their cases were determined.

Decision of the ACmHPR

The communication was decided on merits at the 50^th Ordinary Session of the ACmHPR held in Banjul, The Gambia (11 – 24 October 2011). The Ethiopian government was found in violation of the following articles of the African Charter on Human and Peoples’ Rights (ACHPR):

Article 1: Obligations of Member States

Article 2: Right to Freedom from Discrimination

Article 7: Right to Fair Trial

Recommendations of the ACmHPR :

• That the Ethiopian government pays adequate compensation to the victims for violation of their rights under Article 7 (1) (b) and (d) of ACHPR.

• That the Ethiopian government submits a report to the ACmHPR on implementation of the above-mentioned recommendation within three months.

The Committee on the Elimination of Discrimination against Women (CEDAW) defines gender-based violence to be violence that is directed against a woman because of her gender or violence that affects women disproportionately and declares it to be “a form of discrimination against women that seriously inhibits women’s ability to enjoy rights and freedoms on a basis of equality with men”.

The inalienable right of women and girls to live free of violence is enshrined in international human rights and humanitarian law. However, violence against women continues to be one of the most systematic and prevalent human right abuses in the world and remains one of the most significant barriers to women’s full equality. In Africa, violence against women is still a largely hidden phenomenon and this is so for a number of reasons: “the predominance of the system of patriarchy across Africa has meant that women are still perceived of and treated as subordinate to men; violence against women is accepted as the cultural norm in many societies and is often condoned by community and sometimes state leaders”[1].

On this International Day, IHRDA urges all stakeholders to take responsibility for eradicating violence against women and calls on African governments to honour their pledges to end all forms of gender-based violence.

IHRDA seizes this opportunity to urge all African States to ratify the Maputo Protocol on the Rights of Women in Africa and all other relevant instruments protecting women’s rights and take appropriate measures to ensure their implementation.

12-16 November 2012, Addis Ababa, Ethiopia

 The Institute for Human Rights and Development in Africa (IHRDA) would like to extend its sincere gratitude to the African Committee of Experts on the Rights and Welfare of the Child (the Committee) for the invitation to participate in the 20^th Ordinary Session. IHRDA would also like to welcome the new Bureau of the Committee and further reassures its commitment and continued support to ensure that the Committee effectively carries out its mandate.

IHRDA wishes to commend the Committee for dedicating the 20^th Ordinary Session to deliberate on an important aspect of children’s rights issues in Africa — the identity of children.

As the Committee considers child identity issues, IHRDA would like to seize the opportunity to bring to the Committee’s attention a serious nonrecognition of the identity of young children between the ages of 16 and 18 in Malawi. This evidently stems from an exclusive domestic definition of the child which cuts them out from the category. Though Article 2 of the African Charter on the Rights and Welfare of the Child (ACRWC) clearly prescribes that a child is a person under the age of 18, the Malawi Child Care, Protection and Justice Act of 2010 (the Child Act) limits childhood and all the accruing rights and protections to persons who are or who appear to be below the age of 16.[1]

By virtue of this domestic legal definition of the child, children who are or who appear to be 16 years of age and above are automatically denied of their identity as a child and deprived of the corresponding rights and protections guaranteed for persons of the same age under the ACRWC and relevant international human rights treaties. More disturbingly, in a nation where birth registration is not effective and thereby a large majority of children remain unregistered, a mere generalisation of appearance whereby childhood can be restricted to those appearing to be below 16 is a serious violation of the rights of children who may appear to be 16 and above when in fact they are not.

In dealing with the rights of these young children between the ages of 16 and 18, IHRDA is particularly concerned about the grave violation of their right to equal access to justice for children. As a result of the Child Act, young children in Malawi are, in real life, deprived of accessing justice for children and the enjoyment of a range of rights in criminal justice administration that are established under Article 17 of the ACRWC, Article 40 of the Convention on the Rights of the Child and other relevant international instruments dealing with the rights of children in conflict with the law. A disturbing rate of evidence shows that children aged between 16 and 18 who come in conflict with the law are dealt with under the adult criminal justice system from the time of arrest and detention, through prosecution and sentenced according to adult terms of treatment and prison conditions.[2] These young children are denied special treatment that takes into account their rights and best interests as children. They are held in custody with adults and are subject to penal treatments that do not take primary consideration of their reformation, re-integration into family and social rehabilitation as children.

It is regrettable that the government of Malawi continues to ignore its solemn commitment under the ACRWC that firmly stipulates a child is a person under the age of 18 without any alternative minimum prescriptions at the domestic level. IHRDA further notes that the government of Malawi ignored the recommendation of the Committee on the Rights of the Child to establish a domestic definition of the child in accordance with the Convention’s standard that embraces all persons under the age of 18.[3]

IHRDA is working with its local partners in Malawi on more specific information and interventions but would still like to present this serious issue to the Committee to take appropriate measures to ensure the compliance of Malawi with the ACRWC.

IHRDA, therefore, calls upon the Committee to urge the government of Malawi:

• to recognize the identity of young children between the ages of 16 and 18 as children for all purposes and intent;
• to immediately take the necessary legislative and other appropriate measures to ensure that all persons below the age of 18 are covered by the definition of the child and thereby fully enjoy the corresponding rights and protections.

IHRDA hopes that the Committee will take the necessary measures towards ensuring that the government of Malawi observes its commitments under the ACRWC and once again, expresses its pledge to relentlessly work with the Committee for the advancement of children’s rights in Africa.

IHRDA wishes the Committee fruitful deliberations and a successful 20^th Ordinary Session.

IHRDA does not only restrict itself to pro bono legal representation for Africans who suffer human rights violation but goes further to educate and inform the African continent about their rights. It does this by conducting workshops and publishing books.

In addition, IHRDA makes available decisions and instruments from the African human rights mechanisms . These decisions can be found on the Case law Analyzer website: http://caselaw.ihrda.org.

IHRDA keeps the world informed on latest news and development related  to human rights on the African continent  through Facebook, Twitter and LinkedIn.

This award comes as a recognition of IHRDA’s values are embedded in the acronym “DID IT” which stands for Dedication, Integrity, Diligence, Innovation and Teamwork. This acronym has guided IHRDA throughout its almost fifteen years of service and will continue to do so in the coming years. IHRDA wishes to congratulate the Centre for Human Rights, Pretoria, South Africa for winning the first prize and African Centre for Democracy and Human Rights Studies (ACDHRS), Banjul, The Gambia for winning the second runner up prize.

 In marking the African Human Rights Day, the Institute for Human Rights and Development in Africa (IHRDA) calls upon African States and African leaders to renew their commitment under the African Charter on Human and Peoples’ Rights through genuine and full compliance with the recommendations of the African Commission on Human and Peoples’ Rights and fulfill the legitimate expectations of victims of human rights violations and the African people.

On 21 October 1986, the African Charter on Human and peoples’ Rights which forms the basis of the African human rights system came in to force embracing the aspirations of the African people for an effective and consistent system of their own for the protection of their rights and freedoms. Each year on 21 October, Africa commemorates African Human Rights Day to reflect and recommit to the solemn undertaking by African leaders and the African peoples to promote and protect human rights on the Continent.

Its to be recalled that in October 2011, the African human rights system celebrated the 25^th anniversary of the coming it to force of the African Charter and in October 2012 the African Commission is celebrating its 25^th anniversary.

IHRDA congratulates the Commission on its 25^th anniversary for years of remarkable contributions in the enterprise of human rights promotion and protection in Africa despite the multifaceted challenges posed throughout these years. The Commission, being the first regional human rights mechanism and an institutional lone ranger for years, has indeed played a crucial role in developing human rights standards in Africa marked by a positive arc that bends toward better protection of rights and fundamental freedoms.

While celebrating the achievements of the Commission in the past 25 years, IHRDA laments the fact that the work of the Commission has been shattered by legitimacy deficit due to manifested lack of State compliance with its recommendations. Non compliance of State Parties to the recommendations constituted one of the major factors for the erosion of the Commission’s credibility and the African Charter itself. IHRDA notes that empirical studies show an overall lack of State compliance with the recommendations of the African Commission[2] and the latter also expressed deep concern several times on the general trend of State Parties ignoring its recommendations.[3] For example, records show a daunting figure that so far only about 10 out of over 70 decisions of the Commission have been implemented in part or in whole which regrettably left the profound jurisprudence ineffective and the very legitimacy of the system into question.

In commemoration of this day, IHRDA urges all member States to honor their solemn commitment under Article 1 of the African Charter; ‘to adopt legislative and other measures to give effect to the rights under the Charter’. IHRDA calls upon States and African leaders for a solid political will to take all the necessary measures to ensure the implementation of the Commission’s decisions thereby upholding the rights under the Charter which they undertook to respect, promote and protect.

IHRDA also takes this opportunity to urge the African Union for greater involvement in monitoring State compliance with the recommendations of the Commission such as a direct relation with the Executive Council as that of the African Court whereby under the Court’s Protocol the Council shall monitor the execution of the judgments of the Court. The African Union is called upon to show deep interest and priority for the execution of the recommendations of the African Commission to ensure proper and effective follow up on the work of the Commission for the realisation of the Charter rights.

IHRDA calls upon the African Commission to dynamically activate an effective follow up mechanism in accordance with its Rules of Procedure to ensure the realisation of its recommendations in the lives of the African peoples. Showing imagination and effectiveness, and drawing important lessons from regional and international human rights bodies, we urge the Commission to diligently work towards improving its poor implementation record thereby delivering the promise of its protective mandate.

Furthermore, IHRDA extends the call to National Human Rights Institutions and civil society actors to put an independent follow up mechanisms in place in order to assist the African Commission in shifting the paradigm beyond jurisprudential value; ‘from judgment to justice’ for victims of human rights violations.

A Human Rights Defenders’ Guide to the African Commission on Human and Peoples’ Rights

© 2012 Institute for Human Rights and Development in Africa (IHRDA) /International Service for Human Rights (ISHR)

ISBN 978-9983-9907-6-8 Print edition (IHRDA)

Cick here to download the book in pdf