|
Momodou
Denmark
11823 Posts |
 Posted - 08 Nov 2009 : 19:18:44
|
Letter to the Attorney General On U P Review in Geneva of Gambia’s Human Rights Record
The Gambia Human Rights Record is due for review in Geneva in February 2010. It is one of the 16 Nations that is scheduled for the United Nations’ Universal Periodic Review (UPR) on Human Rights which is conducted under the aegis of the United Nations Human Rights Council.
The United Nations Human Rights Council considered it necessary to encourage each member state of the United Nations to prepare its own report on the human Rights situation in the country, project the measures it had taken to meet its human rights obligation; highlight its shortcomings on human Rights Protection and promotion and state the steps it has taken to address violations of human rights. Each country is then subjected to review by other countries.
This is undoubtedly designed to promote a culture of multilateralism in the protection and promotion of human rights, the world over.
It is evident that the Gambia is now faced with the challenge of preparing a viable report to present in Geneva. This would not have been so if the country had become a signatory of the Africa Peer Review Mechanism and had already undergone a review exercise under such a process. Furthermore, Article 35 of the ECOWAS Protocol on Democracy and Good Governance also makes it mandatory to form an Independent National Institution for the protection and promotion of Human Rights. The Provision states categorically that “The Executive Secretariat shall take measures to strengthen their capacities. The institutions shall be organised into a regional network. Within the framework of this network, each national institution shall systematically submit to the executive secretariat, any report on human Rights violations observed on its territory.” It adds that such reports and reactions of Governments shall be widely disseminated through the most appropriate means. If the Government had complied with such provisions its task to prepare a report for Geneva would have been much lighter. However such National Human Rights Institutions do not exist. What then is the way forward?
It has come to my knowledge that a task force has been established to prepare the ground for the consultative exercise necessary to enable the Government to prepare its report on its Human Rights Record. It is further indicated that stakeholders are being asked to prepare reports for onward transmission to the task force. In my view this approach is fraught with gross shortcoming since the vulnerability of some of them may induce them to be not so forthcoming with all the facts.
The Government could only get all the facts necessary if it appoints a legal practitioner as special rapporteur who would be mandated to consult with stakeholders, engage in focus group discussions with media practitioners, Human Rights NGOs, Interview Victims or their relatives and carry out literature review of reports of violations and initiatives aimed at pursuing redress as well as to study documented outcomes. This rapporteur should be entitled to special protection and should not be subjected to any form interference or harassment by any authority.
Secondly, some Gambian Nationals have undergone training on how the UPR operates, they could have been engaged by the special rapporteur to familiarise all the relevant stakeholders on the essence of the UPR and how they could participate in the process.
As February is fast approaching I would like to advance this humble proposal for a special rapporteur to be appointed to conduct the consultative exercise necessary to prepare a report that would be comprehensive and authentic. This will enable the country to come to terms with its shortcomings on human Rights and prepare a way forward that is internationally respected.
I hope the proposal will earn your endorsement.
Yours in the service of Humanity
Halifa Sallah
|
A clear conscience fears no accusation - proverb from Sierra Leone |
|
Topic Locked
