2017 ANNUAL JURISTS CONFERENCE COMMUNIQUE
A. To African Heads of States
The Jurists note with great concern the rampant and systemic non-compliance with state reporting obligations and compliance with recommendations and decisions of the African Commission and the African Court. The jurists are also concerned that few African States have deposited Article 34(6) declarations allowing NGOs and individuals to present communications before the African Court and acknowledging the need to strengthen the follow up mechanisms of these bodies and the pivotal complementary role that the regional mechanism plays in securing human rights in Africa. It was further noted that the culture of non-conformity is a practice also reflected in the decisions of the sub-regional and national judicial and non-judicial mechanisms. In this regard:
B. To the African Union/African Commission
i. We call upon the African Union/African Commission to streamline state reporting procedures given the heavy burden on States to write reports on compliance with African Charter, Maputo Protocol and the African Charter on the Rights and Welfare of the Child every two/three years.
ii. We call on the African Union to explore avenues for collaboration with different institutions to facilitate complimentary enforcement of human rights and promote institutional synergy among various bodies within the continent. This can be achieved by upholding court orders, respecting judicial independence, developing guidelines to make State reporting effective and according political support to the national and regional courts
C. Regional and National Courts
We recognize the fundamental importance of judicial independence in safeguarding rights and sustaining democracy and rule of law in the continent. As such we are alarmed at the persistent executive interference/or attempted undermining of such independence in some judiciaries.
We therefore call on the regional and national courts to:
enhance the promotion of human rights;
enforcement of human rights.
D. As Jurists and Civil Society
As jurists and Civil Society Organisations, we are deeply concerned about the growing trends of police brutality, torture and extrajudicial killing and regime policing. State machinery (police) has increasingly been used to intimidate and harass citizens and to silencing dissident voices, resulting into grave human rights violations. We also note the centrality of free and fair elections in securing good governance of the African people, we are concerned about the electoral violence and malpractices across the region. In this regard:
E. To Africa’s Citizens
As jurists, we recognize the centrality of a vibrant citizenry and public participation in ensuring accountability and bolstering good governance across nations; we implore on the citizenry to:
Developed at the Serena Beach Hotel in Mombasa, Kenya on November 24, 2017