EXTRA RESOURCES/APPENDIX:

) أ ) اإلنسان لحقوق العالمي اإلعالن

الديباجة

وبحقوقهم البشرية األسرة أعضاء جميع في المتأصلة بالكرامة االعتراف كان ا لم/العالم في والسالم والعدل الحرية أساس هو الثابتة .المتساوية

الضمير آذت همجية أعمال إلى أفضيا قد وازدراؤها اإلنسان حقوق تناسي كان ولماالقول. بحرية الفرد فيه يتمتع عالم انبثاق البشر عامة إليه يرنو ما غاية وكان اإلنساني

والفاقة الفزع من ويتحرر .والعقيدة

آخر المرء يضطر لكيال اإلنسان حقوق حماية القانون يتولى أن الضروري من كان ولماوالظلم االستبداد على التمرد إلى .األمر

اإلنسان بحقوق إيمانها جديد من الميثاق في أكدت قد المتحدة األمم شعوب كانت ولماأمرها وحزمت متساوية حقوق من والنساء للرجال وبما وقدره الفرد وبكرامة األساسية

أفسح الحرية من جو في الحياة مستوى ترفع وأن قدمRا االجتماعي بالرقي تدفع أن .على

إطراد ضمان على المتحدة األمم مع بالتعاون تعهدت قد األعضاء الدول كانت ولماواحترامها األساسية والحريات اإلنسان حقوق .مراعاة

التعهد بهذا التام للوفاء الكبرى األهمية والحريات الحقوق لهذه العام لإلدراك كان .ولما

العامة الجمعية فإن

اإلنسان لحقوق العالمي اإلعالن بهذا تنادي

يسعى حتى واألمم الشعوب كافة تستهدفه أن ينبغي الذي المشترك المستوى أنه علىتوطيد إلى أعينهم، نصب اإلعالن هذا الدوام على واضعين المجتمع، في وهيئة فرد كلمطردة، إجراءات واتخاذ والتربية التعليم طريق عن والحريات الحقوق هذه احتراماألعضاء الدول بين فعالة عالمية بصورة ومراعاتها بها اإلعتراف لضمان وعالمية، قومية

لسلطانها الخاضعة البقاع وشعوب .ذاتها

1المادة

. وعليهم ا RوضميرR عقال وهبوا وقد والحقوق الكرامة في متساوين ا Rأحرار الناس جميع يولداإلخاء بروح بعضRا بعضهم يعامل .أن

2المادة

تمييز، أي دون اإلعالن، هذا في الواردة والحريات الحقوق بكافة التمتع حق إنسان لكلأي أو السياسي الرأي أو الدين أو اللغة أو الجنس أو اللون أو العنصر بسبب كالتمييز

أية دون آخر، وضع أي أو الميالد أو الثروة أو اإلجتماعي أو الوطني األصل أو آخر، رأيوالنساء الرجال بين .تفرقة

أو القانوني أو السياسي الوضع أساسه تمييز أي هناك يكون فلن تقدم عما R وفضالأو R مستقال البقعة تلك أو البلد هذا كان سواء الفرد إليها ينتمي التي البقعة أو لبلد الدولي

القيود من قيد ألي خاضعة سيادته كانت أو الذاتي بالحكم متمتع غير أو الوصاية .تحت

3المادة

شخصه وسالمة والحرية الحياة في الحق فرد .لكل

4المادة

. بكافة الرقيق وتجارة اإلسترقاق ويحظر شخص أي إستعباد أو إسترقاق يجوز ال.أوضاعهما

5المادة

الحاطة أو الوحشية أو القاسية المعامالت أو للعقوبات وال للتعذيب إنسان أي يعرض ال.بالكرامة

6المادة

القانونية بشخصيته يعترف أن في الحق وجد أينما إنسان .لكل

7المادة

أية دون عنه متكافئة بحماية التمتع في الحق ولهم القانون أمام الناسسواسية كلوضد اإلعالن بهذا fخل ي تمييز أي ضد متساوية حماية في الحق R جميعا لهم أن كما تفرقة،

كهذا تمييز تحريضعلى .أي

8المادة

على اعتداء فيها أعمال عن إلنصافه الوطنية المحاكم إلى يلجأ أن في الحق شخص لكلالقانون له يمنحها التي األساسية .الحقوق

9المادة

R تعسفا نفيه أو حجزه أو إنسان أي القبضعلى يجوز .ال

10المادة

أمام قضيته تنظر أن في اآلخرين، مع التامة المساواة قدم على الحق، إنسان لكلجنائية تهمة وأية والتزاماته حقوقه في للفصل R علنيا R عادال R نظرا نزيهة مستقلة محكمة

له .توجه

11المادة

له تؤمن علنية بمحاكمة R قانونا إدانته تثبت أن إلى R بريئا يعتبر بجريمة شخصمتهم كلعنه للدفاع الضرورية الضمانات .فيها

يعتبر ذلك كان إذا / إال عمل أداء عن اإلمتناع أو عمل أداء جراء شخصمن أي يدان ال . من أشد عقوبة عليه توقع ال كذلك االرتكاب وقت الدولي أو الوطني للقانون R وفقا R جرما

الجريمة ارتكاب وقت توقيعها يجوز كان التي .تلك

12المادة

أو مراسالته أو مسكنه أو أسرته أو الخاصة حياته في تعسفي لتدخل أحد يعرض ال . التدخل هذا مثل من القانون حماية في الحق شخص ولكل وسمعته شرفه على لحمالت

الحمالت تلك .أو

13المادة

دولة كل حدود داخل إقامته محل واختيار النقل حرية فرد .لكل

إليه العودة له يحق كما بلده ذلك في بما بالد أية يغادر أن فرد لكل .يحق

14المادة

االضطهاد من هربا إليها االلتجاء يحاول أو أخرى بالد إلى يلجأ أن الحق فرد .لكل

تناقضأغراض ألعمال أو سياسية غير جرائم في للمحاكمة قدم من الحق بهذا ينتفع الومبادئها المتحدة .األمم

15المادة

ما بجنسية التمتع حق فرد .لكل

تغييرها في حقه إنكار أو تعسفا جنسيته شخصمن حرمان يجوز .ال

16المادة

بسبب قيد أي دون وتأسيسأسرة التزوج حق الزواج سن بلغا متا والمرأة للرجل . انحالله وعند قيامه وأثناء الزواج عند متساوية حقوق ولهما الدين أو .الجنس

فيه إكراه ال كامال رضى الزواج في الراغبين الطرفين برضى إال الزواج عقد يبرم .ال

والدولة المجتمع بحماية التمتع حق ولها للمجتمع األساسية الطبيعية الوحدة هي .األسرة

17المادة

غيره مع باالشتراك أو بمفرده التملك شخصحق .لكل

تعسفا ملكه من أحد تجريد يجوز .ال

18المادة

. ديانته تغيير حرية الحق هذا ويشمل والدين والضمير التفكير حرية في الحق شخص لكلسواء ومراعاتها الشعائر وإقامة والممارسة بالتعليم عنهما اإلعراب وحرية عقيدته، أو

الجماعة مع أم سرا ذلك .أكان

19المادة

. أي دون اآلراء اعتناق حرية الحق هذا ويشمل والتعبير الرأي حرية في الحق شخص لكلبالحدود تقيد دون كانت وسيلة بأية وإذاعتها وتلقيها واألفكار األنباء واستقاء تدخل،.الجغرافية

20المادة

السلمية والجماعات الجمعيات في االشتراك حرية في الحق شخص .لكل

ما جمعية إلى االنضمام على أحد إرغام يجوز .ال

21المادة

بواسطة وإما مباشرة ما لبالده العامة الشؤون إدارة في االشتراك في الحق فرد لكلحرا اختيارا يختارون .ممثلين

البالد في العامة الوظائف تقلد في لغيره الذي الحق شخصنفس .لكل

نزيهة بانتخابات اإلرادة هذه عن ويعبر الحكومة، سلطة مصدر هي الشعب إرادة إنأي حسب أو الجميع بين المساواة قدم وعلى السري االقتراع أساس على تجري دورية

التصويت حرية يضمن مماثل .إجراء

22المادة

تحقق أن وفي االجتماعية الضمانة في الحق المجتمع في عضوا شخصبصفته لكلالحقوق ومواردها دولة كل ونظم يتفق وبما الدولي والتعاون القومي المجهود بوساطة

لشخصيته الحر وللنمو لكرامته عنها غنى ال التي والتربوية واالجتماعية .االقتصادية

23المادة

حق له أن كما مرضية عادلة بشروط اختياره حرية وله العمل، في الحق شخص لكلالبطالة من .الحماية

للعمل متساو أجر في الحق تمييز أي دون فرد .لكل

بكرامة الئقة عيشة وألسرته له يكفل مرض عادل أجر في الحق بعمل يقوم فرد لكلاالجتماعية للحماية أخرى وسائل اللزوم، عند إليه، تضاف .اإلنسان

لمصلحته حماية نقابات إلى وينضم ينشأ أن في الحق شخص .لكل

24المادة

لساعات معقول تحديد في سيما وال الفراغ، أوقات في أو الراحة، في الحق شخص لكلبأجر دورية عطالت وفي .العمل

25المادة

له والرفاهية الصحة على للمحافظة كاف المعيشة من مستوى في الحق شخص لكلالخدمات. وكذلك الطبية والعناية والملبسوالمسكن التغذية ذلك ويتضمن وألسرته . والعجز والمرض البطالة حاالت في معيشته تأمين في الحق وله الالزمة االجتماعيةعن خارجة لظروف نتيجة العيش وسائل فقدان من ذلك وغير والشيخوخة والترمل.إرادته

. الحماية بنفس األطفال كل وينعم خاصتين ورعاية مساعدة في الحق والطفولة لألمومةشرعية غير بطريقة أم شرعي رباط عن ناتجة والدتهم أكانت سواء .االجتماعية

26المادة

. على واألساسية األولى مراحله في التعليم يكون أن ويجب التعلم في الحق شخص لكلوالمهني، الفني التعليم يعمم أن وينبغي إلزاميا األولي التعليم يكون وأن بالمجان، األقل

الكفاءة أساس وعلى للجميع التامة المساواة قدم على العالي للتعليم القبول ييسر .وأن

اإلنسان احترام تعزيز وإلى كامال، إنماء اإلنسان شخصية إنماء إلى التربية تهدف أن يجبوالجماعات الشعوب جميع بين والصداقة والتسامح التفاهم وتنمية األساسية والحريات

السالم لحفظ المتحدة األمم مجهود زيادة وإلى الدينية، أو .العنصرية

أوالدهم تربية نوع اختيار في األول الحق .لآلباء

27المادة

االستمتاع وفي الثقافي المجتمع حياة في حرا اشتراكا يشترك أن في الحق فرد لكلنتائجه من واالستفادة العلمي التقدم في والمساهمة .بالفنون

األدبي أو العلمي إنتاجه على المترتبة والمادية األدبية المصالح حماية في الحق فرد لكلالفني .أو

28المادة

والحريات الحقوق بمقتضاه تتحقق دولي اجتماعي بنظام التمتع في الحق فرد لكلتاما تحققا اإلعالن هذا في .المنصوصعليها

29المادة

كامال حرا نموا تنمو أن لشخصيته وحده فيه يتاح الذي المجتمع نحو واجبات فرد كل .على

لضمان فقط، القانون يقررها التي القيود لتلك حقوقه ممارسته في الفرد يخضعالعام للنظام العادلة المقتضيات ولتحقيق واحترامها وحرياته الغير بحقوق االعتراف

ديمقراطي مجتمع في واألخالق العامة .والمصلحة

األمم أغراض تتناقضمع ممارسة الحقوق تمارسهذه أن األحوال من بحال يصح الومبادئها .المتحدة

30المادة

في حق أي فرد أو جماعة أو لدولة يخول أنه على تأويله نصيجوز اإلعالن هذا ليسفيفيه الواردة والحريات الحقوق هدم إلى يهدف عمل تأدية أو بنشاط .القيام

العامة )أ( الجمعية قرار بموجب fمد -217اعت د ) في( 3ألف األول / 10المؤرخ كانونديسمبر

African Charter on Human & People’s Rights )Banjul(

African [Banjul] Charter on Human and Peoples' Rights, adopted June 27, 1981, OAU Doc. CAB/LEG/67/3 rev. 5, 21 I.L.M. 58 )1982(, entered into force Oct. 21, 1986: [excerpts] . . .

Preamble

The African States members of the Organization of African Unity, parties to the present convention entitled "African Charter on Human and Peoples' Rights",

Recalling Decision 115 )XVI( of the Assembly of Heads of State and Government at its Sixteenth Ordinary Session held in Monrovia, Liberia, from 17 to 20 July 1979 on the preparation of a "preliminary draft on an African Charter on Human and Peoples' Rights providing inter alia for the establishment of bodies to promote and protect human and peoples' rights";

Considering the Charter of the Organization of African Unity, which stipulates that "freedom, equality, justice and dignity are essential objectives for the achievement of the legitimate aspirations of the African peoples";

Reaffirming the pledge they solemnly made in Article 2 of the said Charter to eradicate all forms of colonialism from Africa, to coordinate and intensify their cooperation and efforts to achieve a better life for the peoples of Africa and to promote international cooperation having due regard to the Charter of the United Nations and the Universal Declaration of Human Rights;

Taking into consideration the virtues of their historical tradition and the values of African civilization which should inspire and characterize their reflection on the concept of human and peoples' rights;

Recognizing on the one hand, that fundamental human rights stem from the attributes of human beings which justifies their national and international protection and on the other hand that the reality and respect of peoples rights should necessarily guarantee human rights;

Considering that the enjoyment of rights and freedoms also implies the performance of duties on the part of everyone;

Convinced that it is henceforth essential to pay a particular attention to the right to development and that civil and political rights cannot be dissociated from economic, social and cultural rights in their conception as well as universality and that the satisfaction of economic, social and cultural rights ia a guarantee for the enjoyment of civil and political rights;

Conscious of their duty to achieve the total liberation of Africa, the peoples of which are still struggling for their dignity and genuine independence, and undertaking to eliminate colonialism, neo-colonialism, apartheid, zionism and to dismantle aggressive foreign military bases and all forms of discrimination, particularly those based on race, ethnic group, color, sex. language, religion or political opinions;

Reaffirming their adherence to the principles of human and peoples' rights and freedoms contained in the declarations, conventions and other instrument adopted by the Organization of African Unity, the Movement of Non-Aligned Countries and the United Nations;

Firmly convinced of their duty to promote and protect human and people' rights and freedoms taking into account the importance traditionally attached to these rights and freedoms in Africa;

Have agreed as follows:

Part I: Rights and Duties

Chapter I -- Human and Peoples' Rights

Article 1

The Member States of the Organization of African Unity parties to the present Charter shall recognize the rights, duties and freedoms enshrined in this Chapter and shall undertake to adopt legislative or other measures to give effect to them.

Article 2

Every individual shall be entitled to the enjoyment of the rights and freedoms recognized and guaranteed in the present Charter without distinction of any kind such as race, ethnic group, color, sex, language, religion, political or any other opinion, national and social origin, fortune, birth or other status.

Article 3

1. Every individual shall be equal before the law. 2. Every individual shall be entitled to equal protection of the law.

Article 4

Human beings are inviolable. Every human being shall be entitled to respect for his life and the integrity of his person. No one may be arbitrarily deprived of this right.

Article 5

Every individual shall have the right to the respect of the dignity inherent in a human being and to the recognition of his legal status. All forms of exploitation and degradation of man particularly slavery, slave trade, torture, cruel, inhuman or degrading punishment and treatment shall be prohibited.

Article 6

Every individual shall have the right to liberty and to the security of his person. No one may be deprived of his freedom except for reasons and conditions previously laid down by law. In particular, no one may be arbitrarily arrested or detained.

Article 7

1. Every individual shall have the right to have his cause heard. This comprises: )a( the right to an appeal to competent national organs against acts of violating his fundamental rights as recognized and guaranteed by conventions, laws, regulations and customs in force; )b( the right to be presumed innocent until proved guilty by a competent court or tribunal; )c( the right to defence, including the right to be defended by counsel of his choice; )d( the right to be tried within a reasonable time by an impartial court or tribunal. 2. No one may be condemned for an act or omission which did not constitute a legally punishable offence at the time it was committed. No penalty may be inflicted for an

offence for which no provision was made at the time it was committed. Punishment is personal and can be imposed only on the offender.

Article 8

Freedom of conscience, the profession and free practice of religion shall be guaranteed. No one may, subject to law and order, be submitted to measures restricting the exercise of these freedoms.

Article 9

1. Every individual shall have the right to receive information. 2. Every individual shall have the right to express and disseminate his opinions within the law.

Article 10

1. Every individual shall have the right to free association provided that he abides by the law. 2. Subject to the obligation of solidarity provided for in 29 no one may be compelled to join an association.

Article 11

Every individual shall have the right to assemble freely with others. The exercise of this right shall be subject only to necessary restrictions provided for by law in particular those enacted in the interest of national security, the safety, health, ethics and rights and freedoms of others.

Article 12

1. Every individual shall have the right to freedom of movement and residence within the borders of a State provided he abides by the law. 2. Every individual shall have the right to leave any country including his own, and to return to his country. This right may only be subject to restrictions, provided for by law for the protection of national security, law and order, public health or morality. 3. Every individual shall have the right, when persecuted, to seek and obtain asylum in other countries in accordance with laws of those countries and international conventions. 4. A non-national legally admitted in a territory of a State Party to the present Charter, may only be expelled from it by virtue of a decision taken in accordance with the law. 5. The mass expulsion of non-nationals shall be prohibited. Mass expulsion shall be that which is aimed at national, racial, ethnic or religious groups.

Article 13

1. Every citizen shall have the right to participate freely in the government of his country, either directly or through freely chosen representatives in accordance with the provisions of the law. 2. Every citizen shall have the right of equal access to the public service of his

country. 3. Every individual shall have the right of access to public property and services in strict equality of all persons before the law.

Article 14

The right to property shall be guaranteed. It may only be encroached upon in the interest of public need or in the general interest of the community and in accordance with the provisions of appropriate laws.

Article 15

Every individual shall have the right to work under equitable and satisfactory conditions, and shall receive equal pay for equal work.

Article 16

1. Every individual shall have the right to enjoy the best attainable state of physical and mental health. 2. States Parties to the present Charter shall take the necessary measures to protect the health of their people and to ensure that they receive medical attention when they are sick.

Article 17

1. Every individual shall have the right to education. 2. Every individual may freely, take part in the cultural life of his community. 3. The promotion and protection of morals and traditional values recognized by the community shall be the duty of the State.

Article 18

1. The family shall be the natural unit and basis of society. It shall be protected by the State which shall take care of its physical health and moral. 2. The State shall have the duty to assist the family which is the custodian of morals and traditional values recognized by the community. 3. The State shall ensure the elimination of every discrimination against women and also ensure the protection of the rights of the woman and the child as stipulated in international declarations and conventions. 4. The aged and the disabled shall also have the right to special measures of protection in keeping with their physical or moral needs.

Article 19

All peoples shall be equal; they shall enjoy the same respect and shall have the same rights. Nothing shall justify the domination of a people by another.

Article 20

1. All peoples shall have the right to existence. They shall have the unquestionable and inalienable right to self- determination. They shall freely determine their political status and shall pursue their economic and social development according to the policy they have freely chosen. 2. Colonized or oppressed peoples shall have the right to free themselves from the bonds of domination by resorting to any means recognized by the international community. 3. All peoples shall have the right to the assistance of the States parties to the present Charter in their liberation struggle against foreign domination, be it political, economic or cultural.

Article 21

1. All peoples shall freely dispose of their wealth and natural resources. This right shall be exercised in the exclusive interest of the people. In no case shall a people be deprived of it. 2. In case of spoliation the dispossessed people shall have the right to the lawful recovery of its property as well as to an adequate compensation. 3. The free disposal of wealth and natural resources shall be exercised without prejudice to the obligation of promoting international economic cooperation based on mutual respect, equitable exchange and the principles of international law. 4. States parties to the present Charter shall individually and collectively exercise the right to free disposal of their wealth and natural resources with a view to strengthening African unity and solidarity. 5. States parties to the present Charter shall undertake to eliminate all forms of foreign economic exploitation particularly that practiced by international monopolies so as to enable their peoples to fully benefit from the advantages derived from their national resources.

Article 22

1. All peoples shall have the right to their economic, social and cultural development with due regard to their freedom and identity and in the equal enjoyment of the common heritage of mankind. 2. States shall have the duty, individually or collectively, to ensure the exercise of the right to development.

Article 23

1. All peoples shall have the right to national and international peace and security. The principles of solidarity and friendly relations implicitly affirmed by the Charter of the United Nations and reaffirmed by that of the Organization of African Unity shall govern relations between States. 2. For the purpose of strengthening peace, solidarity and friendly relations, States parties to the present Charter shall ensure that: )a( any individual enjoying the right of asylum under 12 of the present Charter shall not engage in subversive activities against his country of origin or any other State party to the present Charter; )b( their territories shall not be used as bases for subversive or terrorist activities against the people of any other State party to the present Charter.

Article 24

All peoples shall have the right to a general satisfactory environment favorable to their development.

Article 25

States parties to the present Charter shall have the duty to promote and ensure through teaching, education and publication, the respect of the rights and freedoms contained in the present Charter and to see to it that these freedoms and rights as well as corresponding obligations and duties are understood.

Article 26

States parties to the present Charter shall have the duty to guarantee the independence of the Courts and shall allow the establishment and improvement of appropriate national institutions entrusted with the promotion and protection of the rights and freedoms guaranteed by the present Charter.

Chapter II -- Duties

Article 27

1. Every individual shall have duties towards his family and society, the State and other legally recognized communities and the international community. 2. The rights and freedoms of each individual shall be exercised with due regard to the rights of others, collective security, morality and common interest.

Article 28

Every individual shall have the duty to respect and consider his fellow beings without discrimination, and to maintain relations aimed at promoting, safeguarding and reinforcing mutual respect and tolerance.

Article 29

The individual shall also have the duty: 1. to preserve the harmonious development of the family and to work for the cohesion and respect of the family; to respect his parents at all times, to maintain them in case of need; 2. To serve his national community by placing his physical and intellectual abilities at its service; 3. Not to compromise the security of the State whose national or resident he is; 4. To preserve and strengthen social and national solidarity, particularly when the latter is threatened; 5. To preserve and strengthen the national independence and the territorial integrity of his country and to contribute to its defence in accordance with the law; 6. To work to the best of his abilities and competence, and to pay taxes imposed by law in the interest of the society; 7. to preserve and strengthen positive African cultural values in his relations with other members of the society, in the spirit of tolerance, dialogue and consultation and, in general, to contribute to the promotion of the moral well being of society; 8. To

contribute to the best of his abilities, at all times and at all levels, to the promotion and achievement of African unity.

Part II: Measures of Safeguard

Chapter I -- Establishment and Organization of the African Commission on Human and Peoples' Rights

Article 30

An African Commission on Human and Peoples' Rights, hereinafter called "the Commission", shall be established within the Organization of African Unity to promote human and peoples' rights and ensure their protection in Africa.

Article 31

1. The Commission shall consist of eleven members chosen from amongst African personalities of the highest reputation, known for their high morality, integrity, impartiality and competence in matters of human and peoples' rights; particular consideration being given to persons having legal experience. 2. The members of the Commission shall serve in their personal capacity. . . .

Article 41

The Secretary-General of the Organization of African Unity shall appoint the Secretary of the Commission. He shall also provide the staff and services necessary for the effective discharge of the duties of the Commission. The Organization of African Unity shall bear the costs of the staff and services. . . .

Chapter II -- Mandate of the Commission

Article 45

The functions of the Commission shall be:

1. To promote Human and Peoples' Rights and in particular: )a( to collect documents, undertake studies and researches on African problems in the field of human and peoples' rights, organize seminars, symposia and conferences, disseminate information, encourage national and local institutions concerned with human and peoples' rights, and should the case arise, give its views or make recommendations to Governments. )b( to formulate and lay down, principles and rules aimed at solving legal problems relating to human and peoples' rights and fundamental freedoms upon which African Governments may base their legislations. )c( co-operate with other African and international institutions concerned with the promotion and protection of human and peoples' rights.

2. Ensure the protection of human and peoples' rights under conditions laid down by the present Charter.

3. Interpret all the provisions of the present Charter at the request of a State party, an institution of the OAU or an African Organization recognized by the OAU.

4. Perform any other tasks which may be entrusted to it by the Assembly of Heads of State and Government.

Chapter III -- Procedure of the Commission

Article 46

The Commission may resort to any appropriate method of investigation; it may hear from the Secretary General of the Organization of African Unity or any other person capable of enlightening it.

Communication From States

Article 47

If a State party to the present Charter has good reasons to believe that another State party to this Charter has violated the provisions of the Charter, it may draw, by written communication, the attention of that State to the matter. This communication shall also be addressed to the Secretary General of the OAU and to the Chairman of the Commission. Within three months of the receipt of the communication, the State to which the communication is addressed shall give the enquiring State, written explanation or statement elucidating the matter. This should include as much as possible relevant information relating to the laws and rules of procedure applied and applicable, and the redress already given or course of action available.

Article 48

If within three months from the date on which the original communication is received by the State to which it is addressed, the issue is not settled to the satisfaction of the two States involved through bilateral negotiation or by any other peaceful procedure, either State shall have the right to submit the matter to the Commission through the Chairman and shall notify the other States involved.

Article 49

Notwithstanding the provisions of 47, if a State party to the present Charter considers that another State party has violated the provisions of the Charter, it may refer the matter directly to the Commission by addressing a communication to the Chairman, to the Secretary General of the Organization of African Unity and the State concerned.

Article 50

The Commission can only deal with a matter submitted to it after making sure that all local remedies, if they exist, have been exhausted, unless it is obvious to the Commission that the procedure of achieving these remedies would be unduly prolonged.

Article 51

1. The Commission may ask the States concerned to provide it with all relevant information. 2. When the Commission is considering the matter, States concerned may be represented before it and submit written or oral representation.

Article 52

After having obtained from the States concerned and from other sources all the information it deems necessary and after having tried all appropriate means to reach an amicable solution based on the respect of Human and Peoples' Rights, the Commission shall prepare, within a reasonable period of time from the notification referred to in 48, a report stating the facts and its findings. This report shall be sent to the States concerned and communicated to the Assembly of Heads of State and Government.

Article 53

While transmitting its report, the Commission may make to the Assembly of Heads of State and Government such recommendations as it deems useful.

Article 54

The Commission shall submit to each ordinary Session of the Assembly of Heads of State and Government a report on its activities.

Other Communications

Article 55

1. Before each Session, the Secretary of the Commission shall make a list of the communications other than those of States parties to the present Charter and transmit them to the members of the Commission, who shall indicate which communications should be considered by the Commission. 2. A communication shall be considered by the Commission if a simple majority of its members so decide.

Article 56

Communications relating to human and peoples' rights referred to in 55 received by the Commission, shall be considered if they: 1. Indicate their authors even if the latter request anonymity, 2. Are compatible with the Charter of the Organization of African Unity or with the present Charter, 3. Are not written in disparaging or insulting language directed against the State concerned and its institutions or to the Organization of African Unity, 4. Are not based exclusively on news discriminated through the mass media, 5. Are sent after exhausting local remedies, if any, unless it is obvious that this procedure is unduly prolonged, 6. Are submitted within a reasonable period from the time local remedies are exhausted or from the date the Commission is seized of the matter, and 7. Do not deal with cases which have been settled by these States involved in accordance with the principles of the Charter of the United Nations, or the Charter of the Organization of African Unity or the provisions of the present Charter.

Article 57

Prior to any substantive consideration, all communications shall be brought to the knowledge of the State concerned by the Chairman of the Commission.

Article 58

1. When it appears after deliberations of the Commission that one or more communications apparently relate to special cases which reveal the existence of a series of serious or massive violations of human and peoples' rights, the Commission shall draw the attention of the Assembly of Heads of State and Government to these special cases. 2. The Assembly of Heads of State and Government may then request the Commission to undertake an in-depth study of these cases and make a factual report, accompanied by its findings and recommendations. 3. A case of emergency duly noticed by the Commission shall be submitted by the latter to the Chairman of the Assembly of Heads of State and Government who may request an in-depth study.

Article 59

1. All measures taken within the provisions of the present Chapter shall remain confidential until such a time as the Assembly of Heads of State and Government shall otherwise decide. . . . 2. The report on the activities of the Commission shall be published by its Chairman after it has been considered by the Assembly of Heads of State and Government.

Chapter IV -- Applicable Principles

Article 60

The Commission shall draw inspiration from international law on human and peoples' rights, particularly from the provisions of various African instruments on human and peoples' rights, the Charter of the United Nations, the Charter of the Organization of African Unity, the Universal Declaration of Human Rights, other instruments adopted by the United Nations and by African countries in the field of human and peoples' rights as well as from the provisions of various instruments adopted within the Specialized Agencies of the United Nations of which the parties to the present Charter are members.

Article 61

The Commission shall also take into consideration, as subsidiary measures to determine the principles of law, other general or special international conventions, laying down rules expressly recognized by member states of the Organization of African Unity, African practices consistent with international norms on human and people's rights, customs generally accepted as law, general principles of law recognized by African states as well as legal precedents and doctrine.

Article 62

Each state party shall undertake to submit every two years, from the date the present Charter comes into force, a report on the legislative or other measures taken with a view to giving effect to the rights and freedoms recognized and guaranteed by the present Charter. . . .

From the National Unity & Reconciliation Commission:

Department of Civic Education

The Unity of Civic Education has four components namely;

%6%. The specialized Programs of Unity and Reconciliation;

%6%. Syllabus Development and Training;

%6%. Organization of INGANDO;

%6%. Mass Education and Public Debates.

Civic Education as a whole contributes to the promotion of social cohesion through teachings that give the Rwandan population the knowledge of understanding their rights and duties as well as the internal relations on the structures of the government of the day, plus fundamental rights which govern the society in general, taking into consideration the aspect of unity and reconciliation, and it has the following responsibilities;

Develops national syllabus to promote national unity and reconciliation;

Seeks to use civic education to create, in Rwanda, a culture of tolerance, unity and

reconciliation;

Trains all levels of Rwandan society via formal means and structures in unity and reconciliation;

Trains periodically all levels of Rwandan society via workshops, seminars, discussions in the interest of unity and reconciliation;

1) Trains and engages national leadership in unity and reconciliation.

Rwanda: NUR Adds Civic and Peace Education to Curriculum

Tony Barigye, The New Times26 November 2008

Kigali — The National University of Rwanda [NUR] is in the final stage of setting up a Civic and Peace Education course, to be made compulsory for every student at the university.

In a power point presentation, Innocent Ndahiriwe, a NUR lecturer, yesterday at Prime Holdings, presented an outline of the components of the course unit.

Splitting them into two subtopics, he explained that Peace Education, "will be based on the philosophy that teaches non violence, love, compassion, trust, fairness, cooperation and reverence for human life and all life on our planet."

On Civic education, Ndahiriwe said, "It will enable the students to build a sense of nationhood, help them recognise the importance of sharing a common vision and subsequently, identify with their country and its problems."

Yesterday's workshop was part of the final discussions on the module which is expected to be implemented next year. NUR Rector, Silas Lwakabamba, explained that there had been a long history of discussion intended to streamline the new programme.

"Civic education has been on the rocks for so long. I talked to the president about it. Many have been giving it lip service. Local Government and Education ministries discussed it. Then UN human rights officials visited and promised to help us.

They came up with a programme and had to get external professionals to look at it," he recounted before urging other institutions to include the programme in their curriculum.

Education Minister, Daphrose Gahakwa, hailed the new course unit. Citing the country's gruesome past, she said that students needed to be helped to understand and quell the after-effects of the 1994 Tutsi Genocide.

"This knowledge will help them to interpret some of the contemporary issues our country may be facing such as the genocide ideology. If our former leaders had respected the rights of others, we would not have had the genocide that took place in the country," she said.

Anastase Shyaka, Executive Director Center for Conflict Management [CCM] at NUR, said that the preparations for the new course were started this year in June and that the university will soon incorporate two Masters programmes, Genocide and Prevention, and Peace and Development, into the curriculum.

Gacaca:

From Human Rights Watch, ‘Law And Reality: Progress in Judicial Reform in Rwanda.’ Human Rights Watch. 2008, New York, NY.

‘By 1998 only 1,292 persons had been judged and relatively few accused persons had confessed, disappointing hopes that plea- bargains would reduce the enormous number of persons to be tried. If the same rate of prosecutions were to continue, it appeared sure to take decades to prosecute the estimated 135,000 detainees.19 Rather than invest additional resources in speeding the delivery of justice in conventional courts, the government turned to another plan, the gacaca jurisdictions.’ )16(

‘The judges, who were to guide the hearings and then finally to deliver the verdict of the community, were chosen on the basis of their integrity rather than their formal learning. Some did not read or write, although all received several days of training on the relevant laws and procedures. The transparency of the process and participation of the entire community was supposed to assure the legitimacy of the proceedings and to protect the rights of all participants, making unnecessary the kinds of fair trial guarantees provided by Rwandan law and international conventions. The accused had no access to counsel in gacaca jurisdictions, for example, although that right is guaranteed by the Rwandan constitution and by the International Convention on Civil and Political Rights to which Rwanda is party.’ )18(

December 13, 2008Militias in Congo Tied to Government and Rwanda

By LYDIA POLGREEN, Copyright 2008 The New York Times Company

GOMA, Congo — A report to the United Nations Security Council by a panel of independent experts found evidence of links between senior officials of the Congolese

and Rwandan governments and the armed groups fighting in eastern Congo. The findings portray a complex proxy struggle between the nations, with each using armed forces based in the area to pursue political, financial and security objectives in a region ravaged by conflict.

The report, which was based on months of independent research in the region, gives the clearest picture yet of the underpinnings of the fighting in eastern Congo, revealing a sordid network of intertwined interests in Congo and Rwanda that have fueled the continuing chaos.

Tiny Rwanda and its vast neighbor to the west, Congo, have long been connected by a shared history of ethnic strife. In the aftermath of the Rwandan genocide in 1994, Hutu militias that carried out the killing fled into Congo, then known as Zaire.

In 1996, Rwanda backed a rebel force led by Laurent Kabila that ultimately toppled Congo’s longtime president, Mobutu Sese Seko. The initial aim had been to capture the Hutu fighters who had carried out the genocide, but the fighting devolved into a frenzy of plundering of Congo’s minerals, spawning a conflict that drew in half a dozen nations and left as many as five million people dead. Most died of hunger and disease.

The report’s findings on the current conflict are likely to strain already tense relations between the countries, providing ammunition for each. Congolese officials have accused Rwanda of supporting Tutsi rebels led by a renegade general from the same ethnic group as much of Rwanda’s establishment.

Rwanda has accused Congo’s government of colluding with an armed group led by some of the Hutu militia who carried out the 1994 genocide in Rwanda. These are the fighters who fled afterward to Congo and eventually formed a group known by its French abbreviation, the F.D.L.R. It preys on Congolese civilians and enriches itself with the country’s gold, tin and coltan, a mineral used in making the tiny processors in electronic equipment.

The independent experts found extensive evidence of high-level communication between the government of Rwanda and the Tutsi rebel group known as the Congress for the Defense of the People, led by the renegade general Laurent Nkunda, based on reviews of satellite phone records.

The report said that the calls were “frequent and long enough to indicate at least extensive sharing of information.”

In interviews, several of General Nkunda’s fighters described Rwandan soldiers’ helping the rebels inside Congo, according to the report. Rwandan soldiers also helped bring recruits, some of them children, to Congo’s border to fight in General Nkunda’s rebellion, the report said.

It also investigated how General Nkunda was paying for his militia, documenting hundreds of thousands of dollars in payments for taxes in territory that he controls. The report also named prominent business executives who had backed him financially.

Congo’s military, meanwhile, has been collaborating with the Hutu militia that is led by the authors of the Rwandan genocide, according to the report. The weak and undisciplined Congolese Army has frequently relied on help from these fighters in battling General Nkunda’s troops.

In exchange for ammunition, the militia fighters have helped in numerous offensives, the report said, citing by name several senior Congolese military officers who had handed over matériel to the Hutu forces. According to satellite phone records, senior military and intelligence figures in Congo have spoken frequently with top Hutu militia leaders.

“It is obvious that Rwandan authorities and Congolese authorities are aware of support provided to rebel groups,” Jason K. Stearns, the coordinator for the five-member panel that produced the report, said Friday at a news conference at the United Nations. “They haven’t done anything to bring it to an end.”

He said the Congolese government said that it had no policy to aid the Hutu militia but that there might be support from individual military commanders. Both governments said that telephone records showing conversations between officials and rebels did not constitute support, he added.

Neil MacFarquhar contributed reporting from the United Nations.

Umuganda in Rwanda

Rwanda has compulsory community service every month – what are the benefits and risks of a highly ordered society?

A roundabout in Kigali improved thanks to Umuganda

Rwanda is, and has been for hundreds of years, a highly organised society. The country is divided into administrative regions called prefectures )the equivalent of counties in the

UK(; these are divided into districts which are divided into sectors which are divided into communes which are divided into cells. This organisation, and the officials who control each type of region, allow instructions from Rwanda’s leaders to be quickly carried out by ordinary people.

Umuganda is an example of this direction of the population. A tradition which dates back to long before the arrival of Europeans, it takes place on the first Friday of every month. All Rwandans must return to their home cell )for many in the capital Kigali this means going back to the village they were born in( and receive instructions from their cell leader. They then carry out whatever type of community service has been decided on that month – for example picking up rubbish )plastic bags, recently banned by the government, have been a problem( or planting trees )as the last few Umugandas have been(.

No one is exempt from this community service – the President has been seen planting trees along with everyone else and European diplomats have been challenged by policemen for not tree planting on the appointed day.

Umuganda is clearly a powerful force for doing good in Rwanda, and contributes to a sense of community and shared responsibility that is not found anywhere in Europe. It does also go some way towards explaining one of the shocking aspects of 1994’s Genocide – that much of the killing was carried out by ordinary people, who murdered their neighbours with machetes. During the Genocide Umuganda did not involve planting trees but ‘clearing out the weeds’ – a phrase used by the authorities to mean the killing of Tutsis. People who for generations were used to obeying the orders passed down from above )and who were exposed to racist propaganda( in many cases did not question those orders when they were instructed to kill.

Questions to consider:

1( What are the benefits and disadvantages of living in a highly organised and controlled society?

2( How organised and controlled is the society that you live in?

3( What benefits could arise from compulsory community service in your society?

4( How can the risks associated with this type of organisation be minimised?

December 4, 2008Rwanda Stirs Deadly Brew of Troubles in Congo

By JEFFREY GETTLEMAN, New York Times

KIGALI, Rwanda — There is a general rule in Africa, if not across the world: Behind any rebellion with legs is usually a meddling neighbor. And whether the rebellion in eastern Congo explodes into another full-fledged war, and drags a large chunk of central Africa with it, seems likely to depend on the involvement of Rwanda, Congo’s tiny but disproportionately mighty neighbor.

There is a long and bloody history here, and this time around the evidence seems to be growing that Rwanda is meddling again in Congo’s troubles; at a minimum, the interference is on the part of many Rwandans. As before, Rwanda’s stake in Congo is a complex mix of strategic interest, business opportunity and the real fears of a nation that has heroically rebuilt itself after near obliteration by ethnic hatred.

The signs are ever-more obvious, if not yet entirely open. Several demobilized Rwandan soldiers, speaking in hushed tones in Kigali, Rwanda’s tightly controlled capital, described a systematic effort by Rwanda’s government-run demobilization commission to send hundreds if not thousands of fighters to the rebel front lines.

Former rebel soldiers in Congo said that they had seen Rwandan officers plucking off the Rwandan flags from the shoulders of their fatigues after they had arrived and that Rwandan officers served as the backbone of the rebel army. Congolese wildlife rangers in the gorilla park on the thickly forested Rwanda-Congo border said countless heavily armed men routinely crossed over from Rwanda into Congo.

A Rwandan government administrator said a military hospital in Kigali was treating many Rwandan soldiers who were recently wounded while fighting in Congo, but the administrator said he could be jailed for talking about it.

There seems to be a reinvigorated sense of the longstanding brotherhood between the Congolese rebels, who are mostly ethnic Tutsi, and the Tutsi-led government of Rwanda, which has supported these same rebels in the past.

The brotherhood is relatively secret for now, just as it was in the late 1990s when Rwanda denied being involved in Congo, only to later admit that it was occupying a vast section of the country. Rwanda’s leaders are vigilant about not endangering their carefully crafted reputation as responsible, development-oriented friends of the West.

Senior Rwandan officials do not deny that demobilized Rwandan soldiers are fighting in Congo, but they say the soldiers are doing it on their own, without any government backing.

“They are ordinary citizens, and if their travel documents are in order, they can go ahead and travel,” said Joseph Mutaboba, Rwanda’s special envoy for the Great Lakes region.

But according to several demobilized soldiers, Rwandan government officials are involved, providing bus fare for the men to travel to Congo and updating the rebel leadership each month on how many fighters from Rwanda are about to come over. Once

they get to the rebel camps, the Rwandan veterans said, they flash their Rwandan Army identification cards and then are assigned to a rebel unit.

“We usually get a promotion,” said one fighter who was recently a corporal in the Rwandan Army and served as a sergeant in the rebel forces last month. He said that he could be severely punished if identified and that Rwandan officials and rebel commanders told the fighters not to say anything about the cooperation.

Another cause for suspicion is Rwanda’s past plundering of Congo’s rich trove of minerals, going back to the late 1990s when the Rwandan Army seized control of eastern Congo and pumped hundreds of millions of dollars of smuggled coltan, cassiterite and even diamonds back to Rwanda, according to United Nations documents.

Many current high-ranking Rwandan officials, including the minister of finance, the ambassador to China and the deputy director of the central bank, were executives at a holding company that a United Nations panel in 2002 implicated in the illicit mineral trade and called to be sanctioned. The officials say that they are no longer part of that company and that the company did nothing wrong. Nonetheless, eastern Congo’s lucrative mineral business still seems to be heavily influenced by ethnic Rwandan businessmen with close ties to Kigali.

Some of the most powerful players today, like Modeste Makabuza Ngoga, who runs a small empire of coffee, tea, transport and mineral companies in eastern Congo, are part of a Tutsi-dominated triangle involving the Rwandan government, the conflict-driven mineral trade and a powerful rebel movement led by a renegade general, Laurent Nkunda, a former officer in Rwanda’s army.

Several United Nations reports have accused Mr. Makabuza Ngoga of using strong-arm tactics to smuggle minerals from Congo to Rwanda and one report said that he enjoyed “close ties” to Rwanda’s president, Paul Kagame. This week a rebel spokesman said that Mr. Makabuza Ngoga was on Mr. Nkunda’s “College of Honorables,” essentially a rebel advisory board. Mr. Nkunda’s troops recently marched into areas known to be mineral rich — and areas where ethnic Rwandan businessmen are trying to gain a foothold.

Mr. Makabuza Ngoga said in an interview that he was not doing anything illegal.

“I’m just a businessman,” he said. “I work with them all.”

A Tale of Two Africas

Rwanda and Congo are polar opposites, a true David-and-Goliath matchup. Crossing the border from Gisenyi, Rwanda, to Goma, Congo, is a journey across two Africas, in the span of about 100 yards.

The two-minute walk takes you from one of the smallest, tidiest, most promising countries on the continent, where women in white rubber gloves sweep the streets every

morning and government employees are at their desks by 7 a.m., to one of the biggest, messiest and most violent African states, home to a conflict that has killed more than five million people, more than any other since World War II.

While Congo is vast, Rwanda is packed. While the Congolese are often playful, known for outlandish dress and great music, Rwandans are reserved. While Congo is naturally rich, Rwanda is perennially poor. Yet Rwanda has emerged as a darling of the aid world, praised for strong, uncorrupt leadership and the strides it has made in fighting AIDS and poverty.

The fates of the two countries are inextricably linked. In 1994, Hutu militias in Rwanda killed 800,000 people, mostly minority Tutsis, and then fled into eastern Congo. Rwanda responded by invading Congo in 1997 and 1998, denying it each time initially but later taking responsibility. Those invasions catalyzed years of war that drew in the armies of half a dozen African countries.

When the Rwandan military controlled eastern Congo from 1998 to 2002, it established a highly organized military-industrial network to illegally exploit Congo’s riches, according to United Nations documents.

A 2002 United Nations report said that top Rwandan military officers worked closely with some of the most notorious smugglers and arms traffickers in the world, including Viktor Bout, a former Soviet arms dealer nicknamed the Merchant of Death who was arrested this year.

“I used to see generals at the airport coming back from Congo with suitcases full of cash,” said a former Rwandan government official who said that if he was identified, he could be killed.

Rwanda may have a lot going for it — a high economic growth rate, low corruption, a Parliament with a majority of seats held by women. But many people here say they do not feel free. When the former government official was interviewed at a Kigali hotel, he abruptly stopped talking whenever the maid walked by.

“You never know,” he whispered, nodding toward the young woman who was smiling behind a plate-glass window smeared with soap suds. “She could be a lieutenant.”

Scarred by a Genocide

Rwanda is tiny, tough and intensely patriotic. Like Israel, it is a postgenocidal state, built on an ethos of self-sacrifice. Its national motto is Never Again.

One oft-cited threat is the Democratic Forces for the Liberation of Rwanda, also known as the F.D.L.R., a mostly Hutu militia that is based just across the border in the green folds of eastern Congo. The militia is thought to number 5,000 to 10,000 fighters. Some of its leaders are wanted “genocidaires” who fled Rwanda in 1994 after massacring Tutsi.

“These guys want to come back and finish the job,” said Maj. Jill Rutaremara, a spokesman for Rwanda’s Defense Forces.

Mr. Nkunda, the rebel leader, has used the presence of the Hutu militia and the Congo government’s failure to disarm it as a rationale for his continued armed struggle. His forces have routed Congolese government troops in the past two months and pushed the region to the precipice of another regional war.

United Nations officials say he has not acted entirely alone, either: they said they observed Rwandan tanks firing from Rwandan territory to support Mr. Nkunda’s troops as they advanced in October. Rwandan officials denied this.

Rwandan military officers admit, when pressed, that the Hutu militia has little chance of destabilizing Rwanda. The last time it attacked inside Rwanda was 2001.

Some Western diplomats, Congolese officials and Rwandan dissidents now believe that the Rwandan government is simply using the F.D.L.R. as an excuse to prop up Mr. Nkunda and maintain a sphere of influence in the mineral-rich area across the border.

“These are people who want to make business, and they cover it up with politics,” said Faustin Twagiramungu, a former Rwandan prime minister now in exile in Belgium.

Congolese officials say that that the Rwandan government is making no efforts to bring the Hutu militiamen back into Rwanda because Rwanda wants to make sure that any Hutu-Tutsi violence plays out in Congo.

“What’s happening in eastern Congo is a Rwandese war is being fought on Congolese soil,” said Kikaya bin Karubi, a member of Congo’s Parliament.

Rwandan officials dismiss these claims with a confident chuckle.

“We want to deal with these guys here,” Major Rutaremara said. “We want them back.”

Mr. Mutaboba, the Rwandan government envoy, said the allegations were part of “an organized campaign to distort the whole problem and give it a regional dimension.”

“It’s not,” he said. “It’s a Congo problem.”

Ethnic and Business Ties

But it may be hard drawing a fine line between Congo and Rwanda, despite the lines on a map. There is a long history of ethnic and business ties that seamlessly flow across the colonially imposed borders, especially among the minority Tutsi who dominate business on both sides, yet at the same time, feel threatened and a heightened sense of community as a result.

For example, several demobilized Rwandan soldiers in Kigali said the vast majority of volunteers who recently crossed the border to fight with Mr. Nkunda were Tutsi. Some of the soldiers said that they had relatives living in eastern Congo and that it was like a second home to them.

According to four soldiers and one employee at the Rwandan demobilization commission, at the end of their monthly meetings, officials at the commission ask for anyone fit and ready to fight to stand up. Sometimes the commission provides bus fare to the border, the soldiers said, and other travel costs. The soldiers usually travel unarmed, picking up weapons on the other side, they said.

One demobilized Rwandan lieutenant who just got back from fighting in Congo looked surprised when asked why he went.

“Why? I am Tutsi,” he said. “One hundred percent Tutsi.”