Final declaration of the African Congress

“We,

The participants in the African Regional Congress, organised in Abidjan (Ivory Coast) from 09 to 10 April, 2018 by the association ECPM- Together Against the Death Penalty in partnership with the World Coalition Against the Death Penalty, the FIACAT and the CNDH-CI, hereby

ADOPT the present Declaration following two days of intense debates, exchanges of experiences, testimonies, and official declarations;

ARE DELIGHTED:

– that the abolitionist movement is expanding in a world where almost 3/4 of the countries have abolished the death penalty in law or in practice;

– that among the 55 African states, 4/5 are abolitionists: 20 states have abolished the death penalty in law for all crimes and 22 states observe a moratorium on executions;

– that in the last ten years, 7 African states have abolished the death penalty: Benin, Burundi, Congo, Gabon, Guinea, Madagascar, Togo.

REMIND:

– that the right to life is enshrined in and protected by every international and regional human rights instruments in particular in article 6 of the International Covenant on Civil and Political Rights and Article 4 of the African Charter on Human and Peoples’ Rights;

– that the abolition of the death penalty is essential to the efficient protection of the right to life and to the full recognition of the inherent dignity of every human being;

– that no International law provision provides for the death penalty for the most serious crimes (genocide, crimes against humanity and war crimes);

BUT OBSERVE:

– that the fight against terrorism is used as a pretext by some governments, to justify the extension of the scope of application of the death penalty and resume executions;

-that the death penalty is often used in a discriminatory manner, especially based on socioeconomic status and sexual orientation;

– that the people sentenced to death suffer, because of their status, from conditions of detention which constitute cruel, inhuman and degrading treatment;

– that 13 countries still retain the death penalty in Africa, and often apply it in an arbitrary manner;

UNDERLINING THE NECESSITY TO TAKE FURTHER SIGNIFICANT STEPS TOWARDS THE COMPLETE ABOLITION OF THE DEATH PENALTY IN AFRICA,

WE CALL UPON:

The regional and international Intergovernmental organisations:

– to pursue and intensify cooperation with States and civil society to promote the abolition of the death penalty In Africa;

– to adopt without delay the draft Protocol to the African Charter on human and Peoples’ Rights on the abolition of the death penalty in Africa.

The States present at the Congress of Abidjan

– Côte d’Ivoire and Guinea: to ratify the Second Optional Protocol to the International Covenant on Civil and Political Rights;

– Burkina Faso: to adopt the draft constitution providing for the abolition of the death penalty

– Chad: to withdraw the law on terrorism adopted in July, 2015;

– the DRC to vote in favour of the United Nations resolution calling for a universal moratorium on executions;

Retentionist African states to commit:

– to abolish the death penalty for all crimes

– to observe a moratorium on death sentences and executions in conformity with the United Nations and African Commission on Human and Peoples’ Rights’ resolutions ;

– to abolish the mandatory death penalty;

– to gather and publish regular, scientifically reliable and independently produced information on the application of the death penalty.

African states abolitionists in law or in practice:

– to sign and ratify the UN Second Optional Protocol to the International Covenant on Civil and Political Rights;

– to support the adoption of the draft Protocol to the African Charter on Human and Peoples’ Rights on the Abolition of the Death Penalty

– to vote in favour of the Resolution for a universal moratorium on the use of the death penalty of the General Assembly of the United Nations and to co-sponsor it

– to support civil society actors working in favour of the abolition;

African Parliamentarians:

– to gather in national, regional and international networks to bring the abolitionist debate in their parliaments;

National Human Rights Institutions (NHRIs):

– to systematically include the issues related to the death penalty in their action plan and to encourage their states to abolish the death penalty and to vote in favour of the UNGA resolution calling for a universal moratorium on capital punishment.

Abolitionist civil society,

– to join the World Coalition against the Death Penalty

– to create or join national coalitions against the death penalty;

– to carry awareness raising and educational actions on the abolition among the general public, political decision-makers, media, opinion makers and legal professions.”

Abidjan, 10 April, 2018