Conclusions of the Workshop for African NHRIs on reporting processes to the African regional human rights mechanisms

Banjul, The Gambia, 16-17 April 2012

  1. Participants from the African regional human rights mechanims – the African Commission on Human and Peoples’ Rights (Commission) and the African Committee of Experts on the Rights and Welfare of the Child (Committee) – the African Union (AU), the Office of the United Nations High Commissionerfor Human Rights (OHCHR), the Network of African National Human Rights Institutions (NANHRI), the Network of NHRIs in West Africa (NNHRI-WA),African national human rights institutions (NHRIs),and relevant partners met in Banjul, The Gambia,on 16 and 17 April 2012for a Workshop to discuss the interactionbetween NHRIs and the regional mechanisms and the role of NHRIs in the State reporting processes before the regional mechanisms (Workshop).
  1. The participants welcomed the Workshop, which was organised by NANHRI, the OHCHR and the Mac Arthur Foundation, as a very timely event.
  1. They recognised that NHRIs,on the one hand, and the Commission and the Committee, on the other, are close partners in the common pursuit of the promotion and protection of human rights in Africa. The Commission and the Committee recognise the independent position of NHRIs asdistinct from Government and civil society. It was noted that NHRIs are key partners for the implementation of the African Charteratthe national level. They play an important role in encouraging States to submit reports to the Commission and the Committee, and to monitor the effective and full implementation of concluding observations and recommendations. The Commission and the Committeeencourage the establishment of well-functioning and independent NHRIs.
  1. Participants unanimously subscribed to the ideal of greater cooperation between African NHRIs and the regional human rights mechanisms. While cooperation may take a wide number of forms, the Workshop agreed that state reporting provides a unique opportunity to concretize this ideal, to the ultimate benefit of the people of Africa.
  1. Participants adopted the following conclusions, which are expected to result in amore coordinated and harmonized approach for the engagement of NHRIs in the State reporting processes before the regional mechanisms,in accordance with the Paris Principles,to bolster NHRI participation in the State reporting processes before the regional mechanisms, and to contribute to the creation of a strong, multi-layered, complementary and united human rights front on the continent. The various stakeholders committed themselves to the measures outlined below, to be undertaken within their ownrespective mandates, as appropriate:
  1. Encouraging submission of State reports by Member States

NHRIs

  1. NHRIs should engage in awareness-raising activities on the regional human rights treaties and the related State reporting processes.
  2. NHRIs should encourage and support States to comply with their State reporting obligations.
  1. NHRIs should promote awareness and draw attention to the forthcoming presentation of the State report, includingby issuing press releases.
  1. Participation in State reporting to maximize the present framework

NHRIs

  1. NHRIs should contribute in an appropriate manner to the preparation of State party reports in accordance with the Paris Principles,without compromising their own independence, including through consultation, review of or commenting on the State party report.
  1. NHRIs should provide additional information to the regional mechanisms to inform the examination of State reports through submission of NHRI reports.
  1. NHRIs should keep an updated and public national state reporting register, in which all of the State’s reporting obligations and status of compliance with reporting and concluding observations are recorded and made accessible.
  1. NHRIs should endeavour to attend and participate by way of oral presentations in the public sessions of the Commission, including drawing attention to the human rights situation in their countryand the status of State compliance with any concluding observations of the Commission.
  1. NHRIs with affiliate status should fulfil the requirement of bi-annual reporting by submitting their annual reports to the Commission, and should also submit these reports to the Committee.
  1. The Commission and the Committee should ensure that clear and concise concluding observations and general recommendations, as applicable, are adopted and contained in their activity reports, and should improve the accessibility to all information related to State reporting, including its guidelines for reporting and concluding observations, for example by publication on their websites.
  1. NHRIs are encouraged to disseminateand make available the concluding observations and general recommendations of the regional mechanisms andpromote publicawareness thereon.
  1. NHRIs should incorporatethe concluding observations into their activities.
  1. NHRIs should monitor the effective implementation by Statesof the concluding observationsand recommendations of the regional mechanisms.

The regional mechanisms

  1. The regional mechanisms reaffirm their commitment to promote the establishment of new NHRIs and to continued independence of existing NHRIs in conformity with the Paris Principles in all State parties.
  1. The regional mechanismsshould encourage State parties to consult NHRIs in the preparationof the State party reports and make the State reporting process an inclusive and participatory process.
  1. The regional mechanisms should seek to include NHRIs in their follow up activities and procedures relating to the implementation of the concluding observations and general recommendations, encourage them to submit relevant information and involve them in relevant on-sitevisits.
  1. The regional mechanismsshould support NHRIs in relation to threats against them, including threats against their members and staff.
  1. Improving the legal and institutional framework for NHRI participation in State reporting

NHRIs

  1. NHRIs should each designate a focal point to serve as liaison between it and the Commission and the Committee.

The regional mechanisms

  1. The Commission should revise, harmonise and simplify its reporting guidelines and should welcome relevant proposals from NHRIs and interested partners.
  1. The regional mechanisms should amend their respective State reporting guidelines so as to obligate States to indicate the level of involvement of NHRIs (and other stakeholders) in the preparation of State reports.
  1. The Committee should formalise and clarify its working relationship with NHRIs, including through the granting of affiliate status to NHRIs and developing a collaborative relationship with NANHRI.
  1. The Commission should revise or supplement its Resolution on Granting Affiliate Status to NHRIs (1998), by elaborating the role of NHRIs in supporting the mandates of the African Commission and highlighting the obligation of submitting and presenting NHRI reports.
  1. The Commissionshould provide NHRIs with a specific opportunity of discussing and clarifying NHRI reports submitted to the Commission in a pre-sessional meeting, prior to the formal examination of a Stateparty report.
  1. The regional mechanisms should each set up an institutionalized focal point to work with NHRIs.
  1. The regional mechanismsshould interpret its Rules of Procedure to allow NHRIs to participate in the oral proceedings related to the examination of state reports.
  1. The Commission should create a feedback mechanism on the NHRI reporting process.

The AU Commission

  1. The AU should uphold its commitment to institutionalize and provide financial assistance for organising the NHRI Forum to be held in the margin of the Commission’s sessions, and should seek to establish a similar forum around the sessions of the Committee and the African Court on Human and Peoples’ Rights.
  1. The AU Commission (through its Department of Political Affairs) should provide systematic information to NHRIs about the African Governance Architecture (AGA) and about their role in the AGA.
  1. The AU should, together with NHRIs, explore mechanisms for supporting NHRIs in the realization of their mandate, generally, and in collaborating with the African regional human rights system, specifically, for example through the support of a Forum of NHRIs prior to the sessions of the African Commission and African Children’s Rights Committee.

NANHRI

  1. NANHRI should organise the NHRI Forum with the financial assistance from the AUand other partners.
  1. NANHRI should consolidate and assist in maintaining an updated and public state reporting register, in which all of the NANHRI State’s reporting obligations, status of compliance with reporting, and concluding observations are recorded and made accessible.
  1. NANHRI should develop a brochure providing guidance to NHRIs about reporting to the African regional mechanisms.
  1. NANHRI should continue to provide capacity building support to NHRIs for purposes of giving effect to the Workshop conclusions set out in this document.

Adopted in Banjul

17 April 2012

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