Statement delivered to ACHPR on its 68th Ordinary Session

Africa

Statement

By FIACAT, FIDH, WCADP, Avocats Sans Frontières, COJESKI-RDC, ECPM, RAL and Reprieve, on 12 May 2021

Oral statement on behalf of FIACAT, FIDH, World Coalition against the Death Penalty, ECPM, Avocats sans frontières, COJESKI-RDC, ECPM, RAL and Reprieve on the activities of the Members of the Commission and the Special Mechanisms.

Madam President
I have the pleasure today to deliver a joint oral statement on behalf of FIACAT, FIDH, the World Coalition against the Death Penalty, ECPM, Avocats sans frontières, COJESKI-RDC, ECPM, RAL and Reprieve. 
The continental trend in favor of abolishing the death penalty is no longer in question. Three quarters of the African Union states are abolitionist: 22 have abolished in law and 18 have a de facto moratorium on executions. 
This trend is confirmed by the increase in votes by African states in favor of UN General Assembly resolutions calling for a universal moratorium on the use of the death penalty; from 17 in 2007 to 28 in 2020. While the number of states opposing the moratorium has decreased from 12 in 2007 to 6 in 2020. It is regrettable, however, that states that have abolished the death penalty, such as Burundi, Gabon and Senegal, did not vote in favor of these resolutions. The abstentions of Niger and the DRC are to be deplored as they go against their commitments. 

Madam President,
Niger is considered abolitionist in practice, having last carried out an execution in 1976. However, the death penalty is still enshrined in the penal code and Nigerien courts continue to sentence people to death. Even with the latest executions, five people are still on death row, including one woman, as of December 18, 2020. Therefore, we call on Niger to fulfill its commitments, including the commitment made at the 61st session of the Commission, to abolish the death penalty; and to consider the bill of October 23, 2014 authorizing Niger’s ratification of the Second Optional Protocol to the International Covenant on Civil and Political Rights (OP2). 

Madam President,
Our organizations would like to congratulate Chad – which in addition to being the last African state to abolish the death penalty – pledged in February 2021 to ratify OP2. 
In Congo, despite the adoption of the draft law authorizing the ratification of OP2 by the Congolese Parliament, the adoption of the law is still pending. Our organizations call on the Presidency of Congo to adopt this law as soon as possible and to submit its ratification instrument.
In Congo, despite the adoption of the draft law authorizing the ratification of OP2 by the Congolese Parliament, the adoption of the law is still pending. Our organizations call on the Presidency of Congo to adopt this law as soon as possible and to submit its ratification instrument.
Finally, we would like to draw attention to Malawi, observing a de facto moratorium since 1992. Despite the significant and meaningful steps the state has taken in recent years to reduce the number of people sentenced to death, 12 new convictions have been issued since 2019. Our organizations call on Malawi to consolidate its steps towards the full abolition of the death penalty.

Madam President,
Since 2016, the process of adopting the draft Protocol to the Banjul Charter on the abolition of the death penalty in Africa by the African Union has been stalled. Therefore, we call on the Commission to develop a strategy to revive said text; and all member states of the African Union, especially abolitionist states, to actively support the adoption of this draft Protocol, like Benin which had committed to it on many occasions. Thank you for your attention.