OPENING ADDRESS OF THE 49TH ORDINARY SESSION OF THE AFRICAN
COMMISSION ON HUMAN AND PEOPLES’ RIGHTS
ON THE 28TH OF APRIL 2011
AT THE KAIRABA BEACH HOTEL
BY
HON. ATTORNEY GENERAL AND MINISTER OF JUSTICE
Your Excellency, Madam Commissioner Reine Alapini Gamsou of the
African Commission on Human and Peoples’ Rights
Excellencies. Commissioners of the African Commission on Human and
People’s Rights.
The Executive Secretary to the African Commission
My Lord The Honorable Chie Justice
The Honorable Minister for Foreign Affaires and Gambian living abroad
Honorable Ministers of States here present or duly represented
Your Excellencies, Members of the Diplomatic and Consular Corps
State Delegates representing the Member States of the African Union
Representative of National and International Human Rights Organizations
Representative of Civil Society organizations
Members of the Press
Distinguished Guests,
Ladies and Gentlemen,
All other protocol respectively observed
Representative of Civil Society organizations
On behalf of his Excellency, the President of The Republic of The Gambia,
Professor Dr Yahya A.J.J.JAMMEH, the Government and people of the Republic
of the Gambia, and on behalf of the Honorable Attorney General and Minister of
Justice, I welcome you all to the 49th Ordinary session of the African Commission
on Human and People’s Rights. We are pleased to be holding this session and
transmit my sincere sentiment of gratitude for responding en masses to this
invitation The Government of The Gambia re-affirms its commitment to the work
of the Commission and continues to welcome the hosting of the Commission in
this beautiful and peaceful country and I say thank you for coming.
HON CHARIPERSON
It is evident today that economic growth alone will not be sufficient without the
necessary conditions to sustain peace, this Hon Chairperson brings us back to
the need to expand fundamental rights; reviving sustainable peace building
foundations; preventing new conflicts and the promotion of equitable financial
adjustment measures.
Hon Chairperson
The reoccurrence of Electoral conflicts in some African countries is indeed
alarming, a case in point is the recent unrest in Ivory Coast which has plummeted
into a civil war claming thousands of lives and leaving 2 million people displaced.
The resumption of civil war in Libya and the killings of innocent citizens demands
urgent action, the impact of these civil unrest and full blown wars is devastating,
Libya has disintegrated and fell behind, gearing into subsequent economic
collapse as consequences of war.
Hon Chairperson
This underscore the need for a holistic approach to the sub regional and regional
dimension of these conflicts by broadening the scope of human rights to
incorporate the fundamental rights and protection of marginalize groups.
Therefore the bridging of intuition foundations geared towards the expansion of
social justice system guided by democratic principles,, accountability and the rule
of law which is central to sustainable peace could not be over emphasized. The
absence of such institution foundations has caused violence and social instability
which has benefited no one.
In this context African Leaders should explicitly enjoined to play a lead role in
addressing national grievances promoting and protecting human rights in the
interest of peace and sustainable peace. In recent years we have witnessed
great strides in the promotion, protection and enforcement of human rights in
some parts of our continent but much more needs to be done and is yet to be
achieved in other parts.
However, I am optimistic that amidst reoccurrence of electoral violence and civil
conflicts, we have made significant progress in some areas for instance the
creation of two continental courts the African court on Human and Peoples’
Rights created in 1998 and the African Court of Justice created in 2002. There is
no doubt that these courts have the expected impact in addressing and curbing
human rights violation on the continent especially in the area of non compliance
by states. To this end the African Commission and these Courts are the bodies
before which African states parties to the Charter are accountable in the way in
which they treat human being within their boundaries.
Hon Chairperson
It is evident today the African Commission in fulfilling its mandate has made
significant stride in numerous areas, nevertheless I urge the African Commission
to seek synergies between electoral violence and conflict prevention and
continue in working tirelessly with member states to implement its mandate to
monitor, protect and promote human rights.
The promotion and protection of human rights in Africa is the primary
responsibility of states because it is only when human rights are guarantee,
promoted and protected, that one could say human security has become a
reality. It is evident today the need for African leaders to adapt strategies to make
the protection of human right outlined in the African Charter more attainable.
Hon Chairperson
The Government of the Gambia, for its part steadfast to the protection of
“solidarity rights” such as the right to development and peace has adopted
several policies and strategies aimed at alleviating poverty, the cumulative effect
of its poverty reduction strategy, have strengthening the micro-economic
framework through micro credit policies favoring women and youth. The Gambia
is aware that the need to accentuate and reinforce human rights development
underscores parallel development with rural and urban development. With the
support of its development partners the Gambia have made significant progress
in the areas of infrastructure development, roads, telecommunication, safe water,
education, health care, rural electrification, through proportional physical
infrastructure by geographical location.
Hon Chairperson
In order to make justice accessible to its citizen the Government of The Gambia
in extending the democratization process has translated the policy of citizen’s
access to justice by establishing the following Institutions.
Agency for legal Aid
Alternative Dispute Resolution Secretariat
Shelter for victims of trafficking in person
And the newly created Agency against Trafficking in person
In this order the Gambia has carried out several activities to improve the existing
legal framework which include the revision of the entire Law Volumes of The
Gambia which was all over due. To this end, many initiatives have been taken by
the Government and its partners in development for instance, capacity building,
training for members of the Press and media, Members of the Judiciary including
Judges, Magistrates, Lawyers, Parliamentarians and Security Officers underwent
various forms of training and sensitization seminars in pursuit of promoting grater
constitutional democracy and good governance.
Furthermore some of us may recall that the government of The Gambia was the
first African Union Member State to sign the Protocol on the Rights of Women in
Africa. It has also in 2010 passed into law the Women’s Right Act (2010) the
Act embodies comprehensive standards applicable to women it recognizes that
women have a right not to be subjected to violence, injury, abuse, and harmful
traditional Practices.
This Act provides exclusive guarantees for women’s rights with a combination of
protection, empowerment, prohibition, punishment and violence against women
and the rehabilitation of women victims and recognizes the right of women to
peace and peaceful existence.
Hon Chairperson
In promoting and upholding religious freedom, the Gambia strives to uphold its
unrivaled religious tolerance and the Government of The Gambia Respects this
right. This peaceful co-existence of all religious denominations and faiths without
any persecution by the Government is a clear testimony.
The Gambia as a developing nation is ready to learn from its difficulties and
challenges in promoting human rights, but we are also unwavering in our desire
and commitment to keep the peace and stability we are known to have enjoy.
The Gambia is ready and willing to learn and adopt best practices available to
improve significantly on our human rights record and to best protect the human
rights of people. We are and will continue to be committed to this cause.
Hon Chairperson
Before I conclude, let me reiterate again that as true promoters and protectors of
human rights, we should also act responsibly in the way and manner we execute
our functions/mandate and not to appear or be seen to make misleading and
unsubstantiated claims of alleged human rights violations or statements founded
on other ulterior motives. I am sure we do all acknowledge the fact that human
rights does not operate in the abstract but within the legal system of the State
Finally, I wish to urge all participants to participate fully in the deliberations to
follow because everyone’s contribution is indeed very important toward ensuring
the effective promotion and protection of human and peoples’ rights in Africa.
This forum of the Africa Commission is the right place to genuinely and frankly
discuss issues of human and peoples’ rights that are of concern to all in our
continent.
With these remarks Hon Chairperson, it now gives me the singular honor and
privilege, to declare the 49th Ordinary Session of the African Commission on
Human and Peoples’ Rights
OFFICIALLY OPEN.
I wish you all fruitful and successful deliberations. May God Bless you all.