The African Commission on Human and Peoples’ Rights (African Commission),
meeting at its 7th Extraordinary Session in Dakar, Senegal, from 5 to 11 October
2009;
Conscious that the African Charter on Human and Peoples’ Rights guarantees the
basic rights and freedoms enshrined therein, and confers the African Commission
with the mandate to monitor, promote and protect human and peoples’ rights on the
continent;
Recalling its Resolution, No. ACHPR/Res.13 (XVI)1994 adopted at its 16th Ordinary
Session held in Banjul, The Gambia, from 25 October to 3 November 1994;
Resolution No. ACHPR/Res. 17(VII)1995 adopted at its 17th Ordinary Session held in
Lome, Togo, from 13 to 22 March 1995, and Resolution No. ACHPR/Res.
134(XXXXIV)2008 adopted at its 44th Ordinary Session held in Abuja, Nigeria, from
10 to 24 November 2008; all of which relate to the human rights situation in the
Republic of The Gambia;
Considering that the African Commission has on several occasions brought to the
attention of the Government of the Republic of The Gambia, concerns on human
rights violations in The Gambia, in particular the right to life and the right to freedom
of expression. These concerns relate to the alleged murder, unlawful arrest and
detention, harassment, intimidation, prosecutions and disappearances of journalists
and human rights defenders deemed to be critical of the Government;
AFRICAN UNION UNION AFRICAINE
African Commission on Human & Peoples’ Rights
UNIÃO AFRICANA
Commission Africaine des Droits de l’Homme & des Peuples
31 Bijilo Annex Layout, Kombo North District, Western Region, P. O. Box 673, Banjul, The Gambia
Tel: (220) 4410505 / 4410506; Fax: (220) 4410504
E-mail: [log in to unmask]; Web www.achpr.org
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Deeply concerned by allegations that on 21 September 2009, H.E. President Sheikh
Professor Alhaji Dr. Yahya A.J.J. Jammeh allegedly stated in a national television
broadcast that he would kill anyone, especially human rights defenders and their
supporters, whom he considered to be sabotaging or destabilizing his Government;
Considering that the alleged threats undermine the safety and security of members
and staff of the African Commission, and human rights defenders who participate in
the activities of the African Commission, including in the 46th Ordinary Session
scheduled to take place from 11 to 25 November 2009 in Banjul, The Gambia, whose
Agenda will address the human rights situation in Africa;
Convinced that the alleged statement calls into question the commitment of the
Republic of The Gambia to the fundamental principles and objectives of the
Constitutive Act of the African Union, the African Charter and other regional and
international human rights instruments;
Recalling that the Headquarters Agreement between the African Union and the
Republic of The Gambia on the establishment of the Headquarters of the African
Commission on Human and Peoples’ Rights in The Gambia guarantees the
inviolability of the members and staff of the African Commission and participants in
the activities organized by the African Commission:
(i) CALLS on the African Union to intervene with immediate effect to ensure
that H.E. President Sheikh Professor Alhaji Dr. Yahya A.J.J. Jammeh
withdraws the threats made in his statement;
(ii) FURTHER CALLS on the African Union to ensure that the Republic of The
Gambia guarantees the safety and security of the members and staff of the
African Commission, human rights defenders, including journalists in The
Gambia, and all participants in the activities of the African Commission
taking place in The Gambia;
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(iii) REQUESTS the African Union to authorize and provide extra-budgetary
resources to the African Commission to ensure that the 46th Ordinary
Session is convened and held in Addis Ababa, Ethiopia, or any other
Member State of the African Union, in the event that His Excellency the
President of The Republic of The Gambia does not withdraw his threats
and the Government cannot guarantee the safety and security of the
members and staff of the African Commission and the participants of the
46th Ordinary Session;
(iv) REQUESTS the African Union to consider relocating the Secretariat of the
African Commission in the event that the human rights situation in the
Republic of The Gambia does not improve;
(v) URGES the Government of the Republic of The Gambia to implement the
recommendations of its previous Resolutions, in particular, Resolution No.
ACHPR/Res. 134(XXXXIV)2008, adopted during the 44th Ordinary Session
held in Abuja, Nigeria, from 10 to 24 November 2008, and to investigate
the disappearance and/or killing of prominent journalists Deyda Hydara
and Ebrima Chief Manneh.
Done on 11 October 2009, in Dakar, Senegal
                                          
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