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Viewing cable 06ADDISABABA2009, AFRICAN UNION SUMMIT: HUMAN RIGHTS OUTCOMES

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Reference ID Created Released Classification Origin
06ADDISABABA2009 2006-07-21 08:54 2011-08-25 00:00 UNCLASSIFIED Embassy Addis Ababa
VZCZCXRO7262
PP RUEHDU RUEHGI RUEHJO RUEHMA RUEHMR RUEHPA RUEHRN
DE RUEHDS #2009/01 2020854
ZNR UUUUU ZZH
P 210854Z JUL 06
FM AMEMBASSY ADDIS ABABA
TO RUEHC/SECSTATE WASHDC PRIORITY 1697
INFO RUEHZO/AFRICAN UNION COLLECTIVE
RUEHGV/USMISSION GENEVA 3847
UNCLAS SECTION 01 OF 03 ADDIS ABABA 002009 
 
SIPDIS 
 
SIPDIS 
 
DEPARTMENT FOR DRL/MLA AND AF/RSA 
 
E.O. 12958: N/A 
TAGS: PHUM PREL PGOV AU XA
SUBJECT: AFRICAN UNION SUMMIT: HUMAN RIGHTS OUTCOMES 
 
REF: ADDIS ABABA 1709 (NOTAL) 
 
1. SUMMARY: The African Union Summit met June 21-July 2 in 
Banjul, The Gambia, with the nominal theme of "Regional 
Integration and Harmonization of Regional Economic 
Communities (RECs)."  For the United States, as an AU 
partner (i.e. non-member), most sessions were closed; 
however, these are the outcomes as collected by a DRL 
Officer on the margins of the Summit and from final 
decisions, declarations, and communiques.  Key outcomes 
included a civil society declaration on the APRM and other 
governance issues; a decision to extend the deadline for 
integrating NEPAD into the AU to January 2007; adoption of 
a Declaration on the 25th Anniversary of the African 
Charter on Human and Peoples' Rights; a decision to allow 
former Chadian president Habre to be tried in Senegal, 
rather than Belgium; and consolidation of the African 
Court on Human and People's Rights, and the Court of 
Justice of the African Union, into a unified African Court 
of Justice and Human Rights.  The AU Summit also adopted 
an African Youth Charter.  Libyan opposition to language 
on governments that came to power through  coups prevented 
the Summit from adopting a proposed African Charter on 
Democracy.  END SUMMARY. 
 
CIVIL SOCIETY FORUM OUTCOMES 
---------------------------- 
 
2. In advance of the July 2 AU Assembly of the Heads of 
State, civil society organizations (CSOs) from 19 African 
countries met in Banjul from June 26-28 to discuss ways of 
improving compliance with commitments made under African 
Union treaties, with particular reference to the African 
Peer Review Mechanism (APRM).  The participants reached 
the following conclusions in relation to: 
 
--African Peer Review Mechanism:  The CSOs welcomed the 
APRM as a useful new process and recommended that those 
responsible for APRM processes improve the quality of 
civil society participation in APRM self-assessment. 
 
--Access of Information:  Independent civil society 
monitoring of government performance is impossible without 
access to reliable, quality, and up-to-date information. 
However, dependable information is hard to obtain -- even 
by other government departments and even when such 
information is required to be made public by law.  CSOs 
urged African governments to change existing inadequate 
laws, enact freedom of information laws, and ensure 
effective implementation. 
 
--Citizenship, Discrimination and Participation: The 
denial of legal citizenship marginalizes specific groups, 
and the existence of different categories of citizenship 
entrenches discrimination.  CSOs specifically recommended 
that States should: 
1) not create barriers to political participation based on 
origin or ethnicity; 
2) ensure that discrimination should not deprive specific 
groups of their rights to economic and political 
participation; 
3) bring national laws into conformity with international 
human rights standards; and 
4) recommend that the AU develop a new treaty to 
strengthen the rights of Africans to citizenship and 
nationality on a non-discriminatory basis. 
 
--Increasing AU/CSO Relations:  CSOs welcomed the CSO 
forum in advance of the Summit, after the absence of such 
a forum for at least two summits.  However, CSOs expressed 
regret that they were unable to freely organize their own 
events.  The Coordination Committee established by the 
Government of The Gambia tried to block the organization 
of a forum on freedom of expression.  CSOs should be free 
to organize their own events, without the need for 
permission from the AU, which it currently requires. 
 
--Civil Society Organizations' own activities: CSOs must 
develop their own capacity to engage more effectively with 
efforts by the AU, APRM, and other institutions; must 
improve coordination and networking; reach out more 
effectively to rural and grassroots organizations; reach 
out to the media more to strengthen relationships with 
journalists; organize to engage the state and non-state 
actors on their own initiative in order to contribute pro- 
actively to the definition of the national agenda. 
 
3. COMMENT: On the margins of the CSO Forum in Banjul, 
there was a counter-CSO Forum, not sponsored by the AU, 
which produced a communique that was widely distributed. 
 
ADDIS ABAB 00002009  002 OF 003 
 
 
This "shadow" forum caused great confusion, because they 
spoke at the CSO press conference following the conclusion 
of the actual AU-sponsored CSO Forum.  Only seven 
countries (Congo, The Gambia, Kenya, Nigeria, Senegal, 
Sierra Leone, and Zambia) were represented at this 
"shadow" CSO forum.  In their published and widely- 
distributed declaration, they recommended that AU members 
"promote Intra-African Trade and harmonize policies of the 
Regional Economic Communities and stop ALL unilateral 
negotiations on EPAs and AGOA."  When asked by poloffs why 
they opposed AGOA, a widely popular program, the 
representative remarked that it was because CSOs were not 
consulted before governments adopted AGOA.  In contrast, 
the authentic CSO declaration affirmed support for AGOA. 
END COMMENT. 
 
OUTCOMES OF NEPAD'S INTEGRATION INTO THE AU 
------------------------------------------- 
 
4. As decided at the July 2003 AU Summit in Maputo, the 
New Partnership for African Development (NEPAD) was to be 
integrated into the structure of the African Union by mid- 
2006.  However, at the Summit, Heads of State decided to 
extend the deadline an additional six months to January 
2007 (when the next AU Summit will be held in Addis 
Ababa).  To further coordinate the transition of NEPAD to 
the AU, realign NEPAD with its original objectives, and to 
finalize the structure, the Heads of State decided to 
create a committee comprising: the AU Chairperson (Congo 
President Sassou Nguesso), AU Commission Chairperson Alpha 
Oumar Konare, the Chairman of the NEPAD Heads of State and 
Government Implementation Committee (HSGIC) (President 
Olusegun Obasanjo), President Mbeki of South Africa, the 
Chief Executive Officer of the NEPAD Secretariat Prof. 
Firmino G. Mucavele, and the Vice-Chairpersons of the 
HSGIC. 
 
AFRICAN CHARTER ON DEMOCRACY NOT ADOPTED 
---------------------------------------- 
5. Due to disagreement (Libyan) about language on 
governments that came to power through coups, the African 
Charter on Democracy was not/not adopted. 
 
BANJUL DECLARATION OF THE CHARTER ON HUMAN AND PEOPLES' 
RIGHTS 
--------------------------------------------- --------- 
6. The AU adopted a "Declaration on the 25th Anniversary 
of the African Charter on Human and Peoples' Rights" 
(ACHPR) which notes that the "African Charter has 
contributed to the development of human rights norms on 
the continent, including the adoption of supplementary 
instruments, such as the African Charter on the Rights and 
Welfare of the Child, and the Protocols on the 
establishment of the African Court of Human and People's 
Rights and on the Rights of Women."  The Declaration 
continues to "rededicate ourselves to ensuring respect for 
human and peoples' rights as a prerequisite for the 
attainment of our common vision of a united and prosperous 
Africa, and reaffirm our confidence in the ACHPR." 
 
HISSENE HABRE TO BE TRIED IN SENEGAL 
------------------------------------ 
 
7. At the Summit, an African Union panel decided that 
former Chadian president Hissene Habre would be tried in 
Senegal, rather than extradited to Belgium to face 
prosecution for war crimes.  Habre is accused of 
widespread atrocities between 1982 -1990, after he took 
control of Chad after a coup.  An inquiry overseen by his 
successor accuses him of killing 40,000 people and 
torturing 200,000 others. 
 
8. In 2000, Habre was first charged with human rights 
abuses by a Senegalese court.  However, the court ruled 
that it did not have authority to try him, and no African 
states spoke up to try the case.  In 2005, a Belgium court 
issued an arrest warrant for Habre, under a law allowing 
Belgian courts to prosecute crimes against its citizens 
wherever they are committed.  Senegal refused to extradite 
Habre and asked the African Union to study the issue.  The 
AU formed a panel of legal experts and issued a decision 
the last day of the Summit that Habre be tried in Senegal. 
In the outcome, the AU panel recommended that Senegal pass 
a law allowing its courts to have jurisdiction over the 
crimes that Habre allegedly committed.  COMMENT: 
Governments, NGOs, and the general public alike hail this 
decision as a positive outcome of the Summit.  END 
COMMENT. 
 
ESTABLISHING THE AFRICAN COURT OF JUSTICE AND HUMAN RIGHTS 
 
ADDIS ABAB 00002009  003 OF 003 
 
 
--------------------------------------------- ------ 
 
9. On June 10, 1998, the African Charter on Human and 
Peoples' Rights established an African Court of Human and 
Peoples' Rights, which entered into force on  January 25, 
2004.  The AU established a protocol for the Court of 
Justice on July 11, 2003.  At the Summit in Banjul, the AU 
voted to merge the African Court on Human and People's 
Rights and the Court of Justice of the African Union into 
a single court: "The African Court of Justice and Human 
Rights". 
 
10. Cases pending before the African Court on Human and 
Peoples' Rights will be transferred to the Human Rights 
Section of the African Court of Justice.  The African 
Court of Justice will be the main judicial organ of the 
African Union. 
 
11. The Court will consist of 15 independent nationals of 
State Parties to serve six-year terms as judges, 11 of 
whom were sworn in the last day of the Summit in Banjul. 
The Court will not, at any time, have more than one judge 
from a single member state.  Each geographical region of 
the continent shall be represented by at least two judges. 
 
12. The Court will have two sections: a General Affairs 
Section composed of eight Judges, and a Human Rights 
Section composed of seven Judges. 
 
13. The Court will be headquartered in Banjul, The Gambia. 
The AU recommended that the Commission convene the first 
meeting of the Ministers of Justice in January 2007. 
 
AFRICAN YOUTH CHARTER ADOPTED 
----------------------------- 
14. The AU adopted the African Youth Charter as a legal 
framework of action for African youth and invited member 
states to sign and ratify the Charter.  NOTE: The final 
text of the African Youth Charter has not yet been 
publicly distributed.  END NOTE. 
 
COMMENT 
------- 
 
15. On the margins of the Summit, the DRL Officer was 
informed that the January resolutions from the African 
Commission on Human and Peoples' Rights condemning human 
rights violations in Ethiopia, Eritrea, Sudan, and 
Zimbabwe (presented at the January 2006 AU Summit in 
Khartoum) were thrown out by the AU Heads of State on 
technical grounds.  This has not been confirmed in the 
official communique, which lacks detail.  Post is seeking 
clarification of final outcomes from the AU Commission's 
Department of Political Affairs.  END COMMENT.