2ND CONFERENCE OF AFRICAN HUMAN RIGHTS IN SA

Issued by: Government Communications (GCIS)

25 June 1998

SECOND CONFERENCE OF AFRICAN HUMAN RIGHTS NATIONAL INSTITUTIONS COMING TO SOUTH AFRICA NEXT MONTH.

Human rights in Africa first came under the spotlight by national human rights institutions in the capital of Cameroon, Yaounde, in February 1996. More than ninety-five delegates attended the conference.

Noted human rights activist from Cameroon, Dr Solomon Nfor Gwei, described the first conference as a "dream come true" and a major milestone on African march in human rights revolution, sweeping across many countries of the world.

Chairman of the Canadian Human Rights Commission, Mr Maxwell Yalden, said the conference was "exciting and important event, a potential turning point in the history of national human rights institutions on the African continent."

Professor Isaac Nguema, chairman of the African Commission on Human and Peoples' Rights, invited the conference participants to formulate new objectives and strategies for promoting and protecting human rights based on African traditional norms and values.

The 18-point declaration adopted by the conference included the point that the conference was to move from the talking to the action phase of endeavours.

From July 1 to 3, the second conference of African Human Rights National Institutions for the Promotion and Protection of Human Rights continues at the International Convention Centre, in Durban.

President Nelson Mandela will deliver the opening address at the conference.

The question of national human rights institution to promote and protect human rights was first mooted in 1946 by the Economic and Social Council (ECOSOC), when United Nations member states were invited to discuss the establishments of such institutions.

In 1960, ECOSOC resolved to recognise the important role of national institution could play in the promotion and protection of human rights. Governments were called to encourage the establishment and support of these institutions.

In September 1978, the United Nations Commission on Human Rights organised a seminar in Geneva on National and Local Institutions for the Promotion and Protection of Human Rights. The purpose of the seminar was to draft and approve a set of guidelines on the functions and structure of national institutions.

The first International Workshop on National Institutions for the Promotion and Protection of Human Rights was held in Paris to review patterns of co-operation between national institutions and international organisations such as the United Nations and its agencies and ways of increasing effectiveness of national institutions.

The recommendations of the seminar were endorsed by the Commission on Human Rights in the Paris Principles subsequently endorsed by the General Assembly.

Recommendations of the workshop were endorsed in the Paris Principles.

Responsibilities of the National Institutions according to the Paris Principles:

to submit to the Government, Parliament and any other competent body, opinions, recommendations, proposals and reports on any matter concerning the promotion and protection of human rights and publicise these issues if necessary;
to promote and ensure the harmonisation of national legislation, regulations and practices with international human rights instruments and their effective implementation of such instruments;
to encourage ratification of international human rights instruments and their implementation;
to contribute to reports which States are required to submit to United Nations bodies and committees, and to regional institutions, pursuant to their treaty obligations, and where necessary, to express an opinion on the subject, with due respect for their independence;
to co-operate with the United nations and any other organisation in the United Nations system, the regional institutions and the national institutions of other countries that are competent in the areas of the promotion and protection of human rights;
to assist in the formulation of programmes for the teaching of, research into, human rights and to take part in their execution in schools, universities and professional circles; and
to publicise human rights and efforts to combat all forms of discrimination, in particular racial discrimination, by increasing public awareness; especially through information and education and by making use of all press organs.

In South Africa, the Constitution created the South African Human rights Commission.

The main function of the SAHRC to promote the respect for human rights and a culture of human rights and the protection, development and attainment of human rights and to monitor and assess the observance of human rights in the country.

According to the constitution, the SAHRC is independent and subject only to the Constitution and the law, and must be impartial and exercise its powers and perform its functions without fear, favour and prejudice.

And no organ state or any person may interfere with the functioning of the commission.

Co-sponsored by the Office of the United Nations High Commissioner for Human Rights and the South African Human Rights Commission.

The Office of the Public Protector and the Commission on Gender Equality are also co-hosting the conference.

OBJECTIVES

To provide an opportunity for African national institutions to reflect together about the state of human rights in the Continent and to discuss strategies for promoting and protecting human rights;
To strengthen the capacity of national institutions to effectively undertake their responsibilities by sharing resources and developing networks for mutual support.

ANNOTATED AGENDA

TUESDAY 30 June 1998

Arrivals and registration at the Hilton Hotel, Durban Participants will be met at the Johannesburg International Airport and Durban International Airport.

1730 Transport leaves the Hilton Hotel for the Durban City Hall

1800 Civic Reception by His worshipful Councillor Obed Mlaba Mayor of the durban Metropolitan Council

WEDNESDAY 1 July 1998

BREAKFAST at The Hilton Hotel

0830 SESSION 1 OFFICIAL OPENING Chair: Dr N Barney Pityana Chairperson South African Human Rights Commission Keynote Speakers: Dr. Solomon Nfor Gwei (Camerooon) Convenor, Coordinating Committee of African National Institutions;

Mrs Mary Robinson United Nations High Commissioner for Human Rights

Opening Ceremony Introducing the President: Dr. M E Tshabalala-Msimang, MP Convenor, National Committee for 1998 Human Rights Year Opening Address: H E Mr Nelson Mandela President of South Africa

1015 PRESIDENT DEPARTS

Besides the participants, there will be a number of inivted guests. These will include the diplomatic corps, provincial government, local authorities, heads of academic institutions in Durban, human rights/law research centres, the judiciary, the Law Society, the Bar Cojncil, donors and NGOs.

1030 TEA/COFFEE Lunches and teas will be served at the ICC

1130 SESSION 2 Chair: Dr Solomon Nfor Gwei (Cameroon) Greetings/Messages Adoption of the Agenda & Conference Arrangements

Statements and greetings or messages from national institutions from other regions or governments will be heard. The Bureau for the Conference will be elected. It is proposed that the Bureau consist of: Dr Solomon Nfor Gwei (Cameroon) Ambassador Rachid Driss (Tunisia) Dr N Barney Pityana (South Africa) Mr Brian Burdekin (UN)

1230 LUNCH

1400 SESSION 3 Chair: Ms Margaret Sekaggya (Uganda)

Keynote Address: Mr Justice Youssoupha Ndiaye (Senegal) CHAIRMAN: AFRICAN COMMISSION ON HUMAN & PEOPLES' RIGHTS

Mr Ndiaye has been requested to address the relationship between the African (Commission and national institutions.

Respondent: Prof S B O Gutto (Wits) DEPUTY DIRECTOR: CENTRE FOR APPLIED LEGAL STUDIES

DISCUSSION

1500 TEA

1530 SESSION 4 Ambassador Rachid Driss (Tunisia) Panel Discussion: THE STATE OF HUMAN RIGHTS IN AFRICA, North Africa: Dr Albert Sasson (Morocco), West Africa: Madame Bale-Delaley Labitey (Togo), Central & East Africa: Lauret Kadimbi (Burundi), Southern Africa: Justice Elton Singini (Malawi), Respondent: Prof T S Mamwenda (UNITRA) Executive Assistant to the Vice Chancellor, UNITRA

Every national institution has been invited to submit its Activity Report in advance. The Reports will be distributed to delegates with the conference material. The assumption is taht participants will have read these reports in preparation for this session. During this Panel Discussion, four participants will survey and assess the state of human rights in the continent from regional perspective. Panalists will also be invited to undertake a diagnostic and a strategic analysis pointing out possible solutions.

1800 END OF WORKING SESSIONS

1930 GALA DINNER The Hilton Hotel Hosted by the Minister of Justice, The Hon Dr A M Omar, MP. Speakers: Adv S A M Baqwa, SC, The Public Protector, The Hon Dr A M Omar, MP

THURSDAY 2 JULY 1998: BREAKFAST at The Hilton Hotel.

0900 SESSION 5 The Relationship Between National Institutions and NGOs, Adv Rams Ramashia President, South African National NGO Coalition; Dr Mireille Roccatti President, Commission Nacional de Derechos Humanos, Mexico.

DISCUSSION

1000 TEA/COFFEE

1030 SESSION 6 WORKING GROUPS

Group 1: Monitoring & Advocacy for Social & Economic Rights (English) This group will consider current international instruments and enforcement mechanisms for social and economic rights. It will examine how a national institution can promote and protect social and economic rights in the domestic situation. The groups must consider in particular how the most vulnerable groups, women, children, the aged, the disabled and other minorities can benefit from human rights policy advocating social and economic rights. Facilitator: Mrs Shirley Mabusela (South Africa) Resource Person: Ms Birgit Lindnaes (Denmark)

Group 2: Human Rights Education (English/French). The UN Decade for Human Rights Education is almost at half-point and 1998 is the International Human Rights Year and the 50th Anniversary of the Universal Declaration of Human Rights. What human rights education programmes have been inaugurated? What lessons can we learn from Them? How can human rights education projects be more effective? What can African national institutions do to promote human rights education? Facilitator: Mr Gnodoli B Komi (Togo) Resource Person: Mr Chris Sidoti (Australia).

Group 3: Independence & Impartiality (English). The UN PRinciples Relating to the Status of National Institutions (The Paris Principles) have become the benchmark for the effective functioning of national institutions. And yet the Vienna Declaration and Programme of Action recognises taht "it is the right of each state to choose the framework which is best suited to its particular needs at the national level." How can national institutions define their independence in relation to the government? How can the relationship with government be best regulated in order to ensure independence of the national institution? Facilitator: Mr Emille Short (Ghana). Resource Person: Mr Justice V S Malimath (India).

Group 4: Planning & Resource Coordination (French). Many African national institutions are hampered in their work by inadequate funding and lack of skills. What are the elements that should be considered in strategic planning, implementation, campaigns and coordinating resources and donor funds? How can national institutions support one another? Facilitator: Mr M Kamel Rezzag-Bara (Algeria). Resource Person: Mr Gerard Fellous (France)

1230 LUNCH

1400 SESSIONS 7 & 8 Working Groups Continue

1800 END OF WORKING SESSIONS

INFORMAL EVENING, Preparation of Group Reports Finalising Conference Statement. Evening Recreation (DFA)

FRIDAY 3 July 1998, BREAKFAST at The Hilton Hotel

1000 SESSION 9 BUSINESS PLENARY. Chair: Dr Solomon Nfor Gwei

African Coordinating Committee Report & Elections.
International Coordinating Committee Report (India).
Adoption of Conference Statement.

The Plenary will receive the report of the Coordinating Committee and will decide on the seat of the Secretariat until the next Conference. The Africa Group is also required to confirm the election of representatives to the International Coordination Committee. The International Coordinating Committee chaired by India will report on developments especially on the status of national institutions at the UN Commission on Human Rights and the agreed procedures for the ICC. The group reports will not be discussed at the Plenary Business Session but, will be presented and tabled. The Conference Statement must also be presented for adoption.

1130 TEA/COFFEE

1200 SESSION 10: CLOSING CEREMONY. Chair: Ms Phumelele Ntombela-Nzimande (South Africa) Addresses: The Hon Dr Ben Ngubane, MPL Premier of KwaZulu Natal Province, The Hon Mr Alfred Nzo, MP Minister of Foreign Affairs.

1300 LUNCH, Free Afternoon.

1900 CULTURAL EVENING, KwaMuhle Cultural Museum, Durban

SATURDAY 4 July 1998

DEPARTURES, Depending on travel schedules, a day excursion to the Hluhluwe Game Reserve, KwaZulu Natal may be an optional extra. The costs of an additional night at the hotel, however, will have to be borne by participants. If this is of interest, participants are invited to indicate it.