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Protectors or Pretenders? - Government Human Rights Commissions in Africa, HRW Report 2001

Chad








Overview

Summary

International Standards: The Paris Principles

Important Factors

Examining the Record in Africa

Innovative and Positive Contributions by Commissions

Regional Iniatives

The Role Of The International Community

Conclusion

Recommendations

Abbreviations

Acknowledgements




    In its first year of operation in 1995, the CNDH played an active and public role in promoting human rights and responding to violations. It publicly called on the government to put an end to the lack of accountability for violations committed by the security forces, and to abide by its obligations under international law. In 1996, Amnesty International noted the positive role of the commission in calling attention to violations by security forces in the south of the country in 1995 and attacks on the independent newspaper, Ndjamena Hebdo in 1996. The CNDH participated in a joint investigative mission with human rights NGOs, pointed to the culpability of government security forces, and called on the government to initiate prosecutions. In its report, Amnesty International also pointed out the difficulties that the CNDH faced in its day to day operations, including inadequate resources and the fact that the government had given the CNDH offices in the building that was inaccessible to the vast majority of victims and was under surveillance by the security forces.93

    According to the current president of the CNDH, the government was hostile to the CNDH from the start. The government was reluctant to fund the CNDH or to provide it with an independent office that was accessible to the population. In addition to calls from Amnesty International, the rapporteur named by the U.N. Commission on Human Rights encouraged the government to support the CNDH. But while the government did eventually provide funds for a new building, it did not respond to the commission's recommendations.

    In 1997, the commission changed course, eschewing further public action and engendering the mistrust of the independent human rights associations. According to the president, after the commission issued a public opinion (avis) critical of the government following extrajudicial executions in 1996, the government stopped funding the CNDH. "The explanation was always financial, but the government simply stopped transferring funds." According to the president, in order to be effective, it was necessary to change strategy. "It wasn't worthwhile to issue opinions. The government just became more closed and silent. Rather, it was better to work through "direct contacts and confidential letters."94 As a result, the commission rarely takes formal positions on any matter and has shifted its public focus to human rights promotion activities which are not even referred to in the law.

    The Chadian human rights NGOs perceive the change negatively. Three NGOs with members on the commission complained that, after 1996, the CNDH became entirely ineffectual. They note the lack of meetings as well as the lack of public positions. There are supposed to be four regular meetings a year, but there was only one between September 1998 and July 1999, and that was for the fiftieth anniversary of the Universal Declaration of Human Rights. As one member of the commission said, the CNDH has been "effectively dead for the past two years. It is just an ornament to show the international community."95

    The 1998 report of the commission is five pages long and dominated by activities related to the fiftieth anniversary.96 It refers to one press statement and one avis presented to the government, neither of which is explained. Otherwise, it refers exclusively to promotional and educational activities of a modest quality, such as attendance at seminars and participation in conferences. Members of the commission participated in international meetings, including the second Regional Conference of National Human Rights Institutions in Africa (Durban) and the meeting of the U.N. Commission on Human Rights. Finally in its plans for the future, the CNDH report notes the creation of a documentation center, a journal, and further training and seminars. There are no planned activities that relate to investigations, reports or responses to individual complaints.97

    The dearth of activity is apparent at the CNDH offices, where there are few materials and no trained staff. One person who was at the offices at the time of an unannounced visit by Human Rights Watch in July 1999 said no members were there and that the president came rarely. The office did have a few copies of two short brochures, one containing the text of the Universal Declaration of Human Rights and one describing police arrest (garde à vue). In addition, members of the commission continue to operate a Wednesday evening radio show devoted to human rights, but it is reportedly undertaken by the NGO members independently of the commission. The NGOs reserve special scorn for the President Domaye Nodjigoto. The current leadership of the LTDH, which Domaye represents, told Human Rights Watch that it has no further connection to him, though he remains a member. In several interviews with Human Rights Watch, members of NGOs gave their impression that Nodjigoto owed his rise in the ministry of justice to the government's effort to coopt him. Efforts that have been successful in their view. "He no longer has a free hand to say what he believes," said one member of the CNDH.98

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